Litigation Privilege Protects Lab From Erroneous Paternity Results.

A laboratory conducted DNA paternity testing for a county as part of a paternity proceeding in superior court against a man who is a plaintiff in the instant civil action for negligence against the lab. The results were wrong, and unknown to the family for years. The superior court dismissed the lawsuit against the lab in a motion for summary judgment. Based upon the litigation privilege found in Civil Code section 47(b), the Court of Appeal affirmed. (Falcon v. Long Beach Genetics, Inc. (Cal. App. Fourth Dist., Div. 1; March 21, 2014)224 Cal.App.4th 1263, [169 Cal.Rptr.3d 497].)