De Luca v. Superior Court

Petitioner, who is the defendant in an action, number SW D 8174 entitled De Luca v. De Luca, now pending in the Superior Court for Los Angeles County, seeks a writ of prohibition restraining the respondent court from enforcing an order made December 19, 1967, ordering him to pay certain sums to the real party in interest, the plaintiff in said action, for her support. We issued an alternative writ of mandate commanding the court to vacate that part of its order or to show cause why it had not done so. Since the issues raised go to the jurisdiction of the court to make and enforce the order, prohibition is the more appropriate remedy. Accordingly the alternative writ of mandate is discharged and the matter will be considered by us as though an alternative writ of prohibition had been issued in the first instance.

Plaintiff’s action was filed in October 1963. An amended complaint filed in November 1964 incorporated the provisions of a “Property Settlement Agreement (Integrated) ” effective January 1964, executed by the parties on August 3, 1964. By that agreement “Husband agrees to pay to wife for her support and maintenance the amount of $800.00 per month, payable in installments…