H.S. v. SUPERIOR COURT

No. E049923.

183 Cal.App.4th 1502 (2010)

H.S. et al., Petitioners, v. THE SUPERIOR COURT OF RIVERSIDE COUNTY, Respondent; S.G., Real Party in Interest.

Court of Appeals of California, Fourth District, Division Two.

April 22, 2010.


Attorney(s) appearing for the Case

Leslie Ellen Shear and Y. Jessie Shaw for Petitioners.

No appearance for Respondent.

No appearance for Real Party in Interest.


OPINION

McKINSTER, J.

In granting this petition, we hold that the trial court erred when it ordered genetic testing in a paternity action when real party in interest had no standing as a presumed father other than a voluntary declaration of paternity that was executed and subsequently rescinded by a married woman. When the trial court granted the motion to set aside the declaration, it should have found that the declaration was void...

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