Q: Hello: Can i have my decease father paternity lawsuit vacated due to DNA results Nonconclusive? The female individual
Filed paternity Lawsuit against my father she refuses to take DNA, however her two daughters complied.
DNA results came back non-conclusive, due to their mother lack of participation. The attorney representing the daughters used a child support stipulation to authenticate standing. My father paid child support for two individuals
for 21 years that was not his biological child this action was done in 1972. this action was executed at Stanly Mosk Courthouse Los Angeles, CA.
I'm seeking guidance to have matter set aside / Vacate judgement due to Fraud and misleading the court.
My father told the court those kids are not mine.
A:
Under California law, setting aside or vacating a judgment can be complex. If you believe the judgment was procured by fraud or that there was a mistake or inadvertence, you might be able to seek relief under California Code of Civil Procedure (CCP) § 473 or § 473.5. Additionally, CCP § 663 allows for a judgment to be set aside and a new one entered if there was an incorrect or erroneous legal basis for the decision.
Since the judgment dates back to 1972, there may be significant procedural hurdles and issues of timeliness to address. Non-conclusive DNA results, especially if one party refused participation, could potentially be used as evidence to support your claim. It's vital to gather all relevant evidence, including the DNA test results and any documentation or testimony from 1972.
Given the complexity and potential consequences, it's essential to consult with legal counsel experienced in such matters. Properly navigating the process and presenting your case will be key to any potential success.
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