Legal Opinion
County of El Dorado v. Misura
California Court of Appeal
Decided March 15, 1995No. C017199PublishedCited by 17 opinions
1Opinion of the Court
Opinion
NICHOLSON, J.
A woman has intercourse with several different men and conceives a child. Years later, she identifies one man as the father and blood tests show this man closely matches the genetic characteristics expected of the child’s father. By statute, these test results trigger a presumption of paternity. (Fam. Code, § 7555; former Evid. Code, § 895.5.) The other men are not tested. We conclude evidence of the mere existence of other, untested, men is insufficient of itself to rebut the statutory presumption of paternity based on genetic testing.
The Attorney General prosecutes this…
2Cases cited17 opinions
- People v. JohnsonCalifornia Supreme Court · 1980
- People v. BarnesCalifornia Supreme Court · 1986
- Overton v. Vita-Food Corp.California Court of Appeal · 1949
- Mangini v. Aerojet-General Corp.California Court of Appeal · 1991
- Pacific Gas & Electric Co. v. ZuckermanCalifornia Court of Appeal · 1987
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3Cited by17 opinions
- Western Aggregates, Inc. v. County of YubaCalifornia Court of Appeal · 2002
- Meddock v. County of Yolo CA3California Court of Appeal · 2013
- Caldo Oil Co. v. State Water Resources Control BoardCalifornia Court of Appeal · 1996
- Ponte v. Cnty. of Calaveras, California Court of Appeal, 5th District2017
- City and County of San Francisco v. GivensCalifornia Court of Appeal · 2000
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