Risby

Appellant contends that the trial court erred by denying his motion to vacate a stipulation for paternity blood tests. Appellant bases his appeal on four contentions: (1) that the stipulation constituted an unknowing and unintelligent waiver of his constitutional right to a fair trial, (2) that the trial court exceeded its jurisdiction by giving effect to a stipulation that violates public policy, (3) that the blood test is inadmissible under the Kelly-Frye test (People v. Kelly (1976) 17 Cal.3d 24, 30 [ 130 Cal.Rptr. 144 , 549 P.2d 1240 ]; Frye v. United States (D.C. Cir. 1923) 293 F. 1013, 1014 [ 54 App.D.C. 46 , 34 A.L.R. 145 ]), and (4) that appellant should be relieved of the stipulation’s effect under Code of Civil Procedure section 473. We disagree with appellant’s contentions and hold that the stipulation for paternity blood tests was a valid and binding stipulation into which appellant entered voluntarily. Further, appellant is not entitled to relief under section 473.

Factual Background

Pursuant to Welfare and Institutions Code section 11350, the Alameda County District Attorney’s office filed a complaint against appellant for reimbursement of public…