Leverett

Petitioner, Gloria Mae Hilsenberg Leverett, hereinafter referred to as Gloria, seeks through prohibition to prohibit respondent, the Superior Court of Alameda County, from assuming jurisdiction to hear the motion of the real party in interest, Ernest B. Hilsenberg, hereinafter referred to as Ernest, to modify a California judgment estab listing a Washington decree as a foreign judgment. An alternative writ of prohibition, based upon Gloria’s petition, was issued by this court, and we now proceed upon the order to show cause thereon to determine whether an order should be made permanently restraining respondent from taking any further proceedings on said motion for modification.

The Facts

The background facts are as follows: In 1958, a superior court in the State of Washington granted a divorce in favor of Gloria and against Ernest. The Washington court awarded $200 per month as alimony for Gloria’s support and $150 per month for the support of each of the four minor children of the parties, and made provision for mortgage payments and attorney fees. Subsequently, Gloria remarried and became Mrs. Leverett. Ernest thereafter moved to California. In 1961, Gloria commenced an action…