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A Mission Viejo, California man will have his day in court now that he’s suing a local restaurant after finding a condom in his soup.

51-year-old Philip Hodousek says he was eating French onion soup at a Claim Jumper restaurant in Orange County back in April of 2009 when he began to chew on what he believed was a hard piece of cheese.

Hodousek says when he could not swallow it he pulled the object out of his mouth and discovered that it was a condom.

A manager for the restaurant insisted that it was part of a rubber glove used for preparing the food but the man claimed otherwise and snapped a picture of the item before wrapping it in a napkin and taking it home.

When the condom was taken into a lab for testing, evidence of female DNA was found.

Claim Jumper also says they tested their employees and provided results to the family but according to his attorney Eric Traut, the family has yet to receive the information.

Last July, Hodousek admitted to owing the state and federal governments nearly $300,000 in back taxes and penalties, but said his debt and the restaurant incident are unrelated.

Attorney Traut says the man and his family would like their names cleared of any wrongdoing.

The case heads to trial Monday August 16th.