Kruly

In an action for support by a parent against an adult child, under sections 206 and 243 of the Civil Code, which resulted in a judgment in favor of the parent, may the trial court make an order for support and expenses pending the appeal from such judgment?

This is the basic issue presented in this proceeding by the adult child seeking a writ of prohibition commanding respondent court to desist and refrain from further proceedings in connection with its order for support and expenses pending appeal “or any similar proceedings to award support or expenses pending appeal until further order of this court. ’ ’

Petitioner sought, in the alternative, a writ of supersedeas restraining respondent court from taking any further proceedings whatever pending the determination of the appeal from the judgment “subject to the posting of the undertaking on appeal as heretofore fixed in the sum of $5,000.00.” Subsequent to the filing of the petition and before the hearing of oral argument, petitioner filed the undertaking on appeal from the judgment, thus effectively staying all further proceedings under it.

Plaintiff, the father of defendant, an adult daughter, brought an action under Civil…