County of Los Angeles v. Superior Court

Petitioner seeks a writ of “prohibition and mandate” to compel the respondent superior court to dismiss a petition for adoption and to order the return of a minor child to the custody of the Department of Adoptions of the County of Los Angeles. We have concluded, on the facts of this case, that Civil Code section 224n does not deprive the respondent court of jurisdiction to hear the petition for adoption and that the writ sought should be denied.

The minor child, Franklin, was born on March 1, 1968, in Los Angeles, and was relinquished to the Department of Adoptions on March 18, 1968. On April 4, 1968, the minor was placed in the home of Richard Leroy Gann and Barbara Jean Gann, husband and wife, for the purpose of adoption. On April 23, 1969, the Ganns filed a petition for adoption in the respondent court. Thereafter, on April 29, 1969, the petitioner filed its report with respondent court approving the adoption.

On July 17, 1969, a complaint for divorce was filed by Barbara Jean Gann against her husband in the Superior Court of Los Angeles County. On July 24, 1969, the petitioner filed a supplemental report with respondent court recommending that the petition for…