County of Kern Dept. of Child Support Services v. Simons CA5

DISCUSSION

Appellant challenges the trial court’s order denying his request to set aside the paternity judgment and conduct DNA testing. The sole contention in his brief is that DNA testing should have been granted because he had not met the child or consented to being the child’s father. Because we do not have the request itself in the record before us, we cannot determine the basis for appellant’s request to set aside the judgment of paternity. All that is known from our record is that appellant filed the request, and that request was denied. Such a ruling rests in the court’s discretion, and our review is limited to “determining whether the court’s factual determinations are supported by substantial evidence and whether the court acted reasonably in exercising its discretion.” (In re Marriage of De Guigne (2002) 97 Cal.App.4th 1353, 1360.) “ ‘ “ ‘Discretion is abused whenever, in its exercise, the court exceeds the bounds of reason, all of the circumstances before it being considered. The burden is on the party complaining to establish an abuse of discretion, and unless a clear case of abuse is shown and unless there has been a miscarriage of justice a reviewing court will not…