Walsh

Plaintiff Laura Walsh appeals a judgment after jury trial favoring defendant Steven Palma on her complaint to establish paternity of her minor child Neil. Steven cross-appeals an order denying his claim for costs against the County of San Diego.

While separated from her husband John, Laura began dating Steven in early 1978. In July 1978 Laura became pregnant after indulging many times with Steven and to some extent with at least one other man in “that bond by which nature in its ingenious telepathy has contrived to secure and render agreeable the perpetuation of the species.” In March 1979 Laura’s divorce from John became final. On April 16, 1979, Neil was bom.

In January 1980 the San Diego County District Attorney on Laura’s behalf sued Steven to establish Neil’s paternity. Answering Laura’s complaint, Steven denied he was Neil’s father.

At trial the parties presented conflicting evidence about the dates they had sexual relations, their use of contraceptives, their statements during Laura’s pregnancy about the baby’s paternity and the statistical probability Steven was Neil’s father suggested by blood test results. After trial the jury found Steven was not Neil’s…