Misura

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 appeal from an adverse ruling dismissing a paternity complaint. We construe the premature notice of appeal from this nonappealable ruling to encompass the judgment. (9 Witkin, Cal. Procedure (3d ed. 1985) Appeal, § 414, pp. 411-413.) We need address but one of the arguments: whether substantial evidence supports the trial court’s decision. On this question we disagree with the reasoning and analysis proffered by the Attorney General, but we agree no substantial evidence supports the judgment. We reverse with directions.

Facts

The specifics of the testimony will be revisited later, after a discussion…