William M. v. Superior Court

William and Bonnie M. are defendants in a paternity action pending in respondent superior court. They petition this court for a writ of mandate directing respondent court to vacate its order that they submit to blood tests. Petitioners (defendants) assert there is no statutory authority for the order. In addition, defendants request this court direct respondent court to vacate its order overruling their demurrer to the complaint and to sustain the demurrer without leave to amend. The demurrer raises the issue whether defendants are proper parties to a paternity action. We shall conclude defendants’ contentions must be sustained and shall order a writ to issue.

Dana F., the real party in interest (plaintiff), is the natural mother of Matthew F., who was born on June 6, 1986. Plaintiff claims that William Michael M., Jr. (Michael), defendants’ deceased son, is Matthew’s father. Plaintiff and Michael were never married and Matthew was never legitimated by Michael. Michael was 23 years of age when he died in December 1986, 6 months after Matthew’s birth.

In February 1987, plaintiff filed the action for paternity to which this proceeding is ancillary. The complaint named…