Craig

Craig v. Superior Court

Good Law
119 Cal. Rptr. 692·1975 Cal. App. LEXIS 1721·45 Cal. App. 3d 675
Court of Appeal of CaliforniaFebruary 14, 1975Civ. 14727California2,078 words

Opinion

Opinion

Friedman, J.

This proceeding is the outgrowth of a paternity action pending in the Sacramento Superior Court, Minnie Pearl Craig, the child’s mother, is a resident of Oklahoma. Represented by the district attorney, she seeks child- support from Dr. Shepard Fountaine, the alleged father. Dr. Fountaine denied paternity and moved for an order requiring blood tests. Mrs. Craig resisted the motion on the ground that Dr* 'Fountaine’s paternity had been adjudicated by a 1970 Oklahoma divorce decree which became res judicata of the fact of paternity and which is entitled to full faith and credit in California. The trial court ordered the blood test. Mrs. Craig now seeks a writ of prohibition to prevent enforcement of the order and to prevent further orders made in aid of Dr. Fountaine’s attempt to litigate the question of paternity. Dr. Fountaine appears here as real party in interest.

Appended to the petition for prohibition is a copy of a divorce decree rendered by the District Court of Choctaw County, Oklahoma, in the case of Fountaine v. Fountaine, Ño. D-828, on February 6, 1970. The decree recites, one, that the court has full jurisdiction over the parties; two, that the parties are…

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