Dodd

Dodd v. Henkel

Caution
148 Cal. Rptr. 780·1978 Cal. App. LEXIS 1902·84 Cal. App. 3d 604
Court of Appeal of CaliforniaSeptember 6, 1978Civ. 40313California2,063 words

Opinion

Opinion

Racanelli, J.

In an action to establish paternity and for child support, the jury returned a special verdict of nonpaternity. On appeal from the judgment entered in favor of respondent, appellant claims prejudicial error based upon (1) exclusion of testimony concerning inconclusive blood test results and (2) misconduct of counsel. We conclude that these claims are without merit; we affirm the judgment.

Statement of Facts

The facts disclosed by the limited record on appeal are undisputed: At some point during trial appellant made an in camera offer of proof that the medical expert appointed by the court (upon appellant’s motion) to conduct the serologic examinations would testify that as a result of his findings respondent was “among the Mlá to 15 percent of the population that could be the father” of the minor child born out of wedlock. In sustaining respondent’s objection to the proffered testimony, the trial court concluded that such evidence merely reflecting that respondent was included within the blood groupings consistent with paternity was of no probative value and, in any event, subject to discretionary exclusion due to the likelihood it would unduly influence or prejudice…

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