Cartagena

This case considers the simple question of whether a paternity blood test may be judicially compelled at the behest of a father who is seeking to vacate a three-year-old paternity judgment. Appellant City and County of San Francisco (City) contends that the court abused its discretion in ordering paternity blood testing at the behest of respondent Jose Cartagena, the judicially determined father, prior to a ruling on Cartagena’s motion to set aside the paternity judgment. The City claims that the blood test is primarily relevant to the issue of paternity, and while the paternity judgment exists, the issue is res judicata. We agree with the City and find that, at this juncture, the court abused its discretion in judicially compelling the child and mother to undergo blood tests.

I. Facts and Procedural History

On April 24, 1990, the City brought a complaint under Welfare and Institutions Code sections 11350.1 and 11475.1 for child support, reimbursement of public assistance, and establishment of paternity against Cartagena. The action alleged Cartagena was the father of a baby boy named Emmanuel Cartagena bom in September 1989. Cartagena, who was not represented by…