Anna Nicole Smith's ex-boyfriend Larry Birkhead went to court in Los Angeles Tuesday to ask a judge to force Smith's companion Howard K. Stern to come to California and take a paternity test in the ongoing battle over the former Playboy Playmate's 6-month-old daughter Dannielynn.
Superior Court Judge Robert Schnider refused to make Stern a part of the paternity court action but said he would review the matter in two weeks after he considers the law more closely, said Birkhead's lawyer, Debra Opri.
Opri said the procedural motion Birkhead filed in California would strengthen his case for claiming paternity in the Bahamas, where Stern and Dannielynn currently reside.
"We are confident that Howard K. Stern will be submitting to a DNA test here," Opri said. "Howard K. Stern cannot avoid this jurisdiction. If he wants to be the father, he has to put up or shut up. He can't hide behind this fake birth certificate," Opri said, referring to Dannielynn's birth certificate, on which Stern is named as the father.
Opri added that DNA for Smith and Dannielynn will be "coming soon."
"I anticipate Larry will have his daughter within a month," she said.
Stern's attorney Ron Rale called the hearing "more of the same," saying there is going to be a further hearing and many other legal twists and turns in the case.
Speaking to the press after the hearing, Birkhead said he had finally gotten to meet Dannielynn in the Bahamas and that he was building a nursery for her.
Meeting the child in the Bahamas, where Smith was buried, "was one of the greatest things in my life," he said. "That was my delivery room just to get to meet her."
Schnider originally asserted jurisdiction in the paternity suit in California because Smith had connections in Los Angeles and Birkhead claimed the baby was conceived in California.
A court in the Bahamas is currently dealing with custody issues involving the child. A judge has barred Stern from taking the girl out of that country until a custody ruling is made.
Smith, 39, died of unknown causes Feb. 8 after collapsing at a Florida hotel. The former reality TV star married Texas oil tycoon J. Howard Marshall II in 1994 when he was 89 and she was 26, and had been fighting his family over his estimated $500 million fortune since his death in 1995.
Photos: Anna Nicole Laid to Rest