County of Los Angeles v. Superior Court

This is an original proceeding in mandamus to require the respondent superior court to assume jurisdiction over a minor child found to be a resident of Alameda County. The respondent county is joined as a party, but as no cause of action is stated against it, the demurrer of the county is sustained.

From the stipulation of facts it appears that Margarita Altamirano was born December 13,1917, in Alameda County, the illegitimate child of Anna Castro; that the father of said child is unknown; that Anna Castro has at all times resided in Alameda County; that, shortly after the birth of the child, the mother delivered her to Conception Mendez with an oral agreement that she might adopt the child; that the child lived with Conception Mendez for a period of years in Alameda County, was taken by Conception Mendez to the city and county of San Francisco and later to Los Angeles County; that Conception Mendez received no compensation for the care of said child from any person; and that the child was not adopted by her or by any other person. It is further stipulated that no guardian has ever been appointed for the child and that no person, other than said mother, is liable for its…