ALINDA v. v. ALFREDO V.

Opinion

CALDECOTT, P. J.

Plaintiff, Alinda V., a minor by her guardian ad litem, appeals from a judgment declaring that defendant-respondent, Alfredo V., is not her father.

Plaintiff commenced this action against defendant for support and to establish paternity. At trial, plaintiff’s mother testified that she and defendant had intercourse resulting in plaintiff’s conception. Defendant testified that he did not have intercourse with plaintiff’s mother until after plaintiff’s conception. Plaintiff, plaintiff’s mother and defendant took a human leucocyte antigen paternity test (also referred to as an HLA Tissue Typing Test) which was evaluated at the University of California, Los Angeles School of Medicine, Department of Paternity Evaluation and the results did not exclude defendant as the father. The court found that the probability of defendant’s paternity of plaintiff was testified to as having been calculated by the University of California at Los Angeles, School of Medicine, Department of Paternity Evaluation, as being 98 and 95/100 percent (98.95 percent). The court also found (finding of fact 11) “[t]he statistical result of the HLA Tissue Type Test which expresses the probability of paternity was inaccurate and hence is not entitled to any substantial evidentiary, weight.”

Appellant contends that the trial court’s finding of fact 11, is unsupported by the evidence. When the sufficiency of the evidence is challenged on appeal, all factual conflicts must be resolved in favor of

[101]

the respondent and all reasonable inferences drawn to uphold the judgment. Generally, the appellate court looks only to the evidence supporting the prevailing party and disregards the contrary showing.

(Munoz

v.

Olin

(1979) 24 Cal.3d 629, 636 [156 Cal.Rptr. 727, 596 P.2d 1143];

Campbell

v.

Southern Pacific Co.

(1978) 22 Cal.3d 51, 60 [148 Cal.Rptr. 596, 583 P.2d 121];