Carbone v. Superior Court of Napa County

TRAYNOR, J. Plaintiff, an illegitimate child, brought an action through her mother, her guardian ad litem, against the defendant for support and a judicial declaration of paternity. The trial court issued an order directing defendant to show cause why he should not pay support, court costs, and attorneys fees pending determination of the action. Upon defendants objection that the court had no jurisdiction to order him to make such payments until he was adjudged the father of the child, the court refused to proceed with the hearing or to take any evidence. Plaintiff thereupon petitioned this court for a writ of mandate to compel the respondent