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SAN MATEO COUNTY DEPARTMENT OF CHILD SUPPORT SERVICES v. CLARK

No. A120494.

168 Cal.App.4th 834 (2008)

SAN MATEO COUNTY DEPARTMENT OF CHILD SUPPORT SERVICES, Plaintiff and Appellant, v. DENNIS HENRY CLARK II, Defendant and Respondent.

Court of Appeal of California, First District, Division Four.

November 25, 2008.

Attorney(s) appearing for the Case

Edmund G. Brown, Jr., Attorney General, Douglas M. Press, Assistant Attorney General, Paul Reynaga and Sharon Quinn, Deputy Attorneys General, for Plaintiff and Appellant.

No appearance for Defendant and Respondent.

OPINION

REARDON, J.

An order setting aside or vacating a paternity judgment pursuant to Family Code1 section 7645 et seq. must rest on proof of exclusion of biological paternity as evidenced by genetic test results. The trial court granted the motion of respondent Dennis Henry Clark II (Clark) to set aside a 1998 default paternity judgment because the child's mother, who was never a party to the action, did not cooperate...

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