California Court of Appeal

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Tate v. Wilburn, D054609

In a petitioner's renewed motion to set aside a 1991 child support order, claiming that recent genetic testing demonstrated that he is not the child's father and that the test results constituted new evidence pursuant to Code of Civil Procedure section 1008(b), the appeal is dismissed as an order denying a renewed motion pursuant to section 1008(b) is not appealable.

Appellate Information

  • Decided 04/28/2010
  • Published 04/28/2010


  • AARON, J.


  • California Court of Appeal


  • For Appellees:
  • Men's Legal Clinic and Marc E. Angelucci for Defendant and Appellant., Law Office of Ronn Bisbee and Ronn Bisbee for Plaintiff and Respondent.
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