Cruz

This is an action for medical malpractice allegedly resulting in birth injuries. There are bona fide issues whether the genetic condition of the minor and his mother, his guardian ad litem, caused or contributed to the injuries. Under these circumstances, the trial court did not abuse its discretion in ordering blood tests for the mother. We therefore deny the petition for a writ of mandate that sought an order directing the trial court to vacate its order that she provide blood for genetic testing.

FACTS

Randy Cruz (plaintiff), bom in 1991, sued real parties in interest Advance OBGYN Medical Group and Ayoub Khaghani (collectively OBGYN) and others alleging medical negligence resulting in birth injuries. Plaintiff’s guardian ad litem, his mother Carmelita Cruz, is the petitioner here in her own capacity. The complaint alleges OBGYN cared for mother in connection with her pregnancy and plaintiff’s delivery and postnatal care, did so negligently, and caused plaintiff serious injuries, including brain damage. OBGYN moved for an order to compel blood testing of plaintiff and mother. A declaration filed with the motion stated the test would be made under the direction of…