Perez v. Singh

Opinion

AULT, J.

Plaintiff Ana Maria Perez filed this action in the Superior Court of Los Angeles County in March 1970, seeking a judicial determination of the paternity of her daughter, born April 3, 1956. The complaint alleged the action was brought on behalf for the minor child and, in addition to seeking an adjudication of paternity, asked for support of the minor child together with attorney fees and court costs. An order to show cause requesting support, attorney fees and court costs pendente lite was also filed in the Los Angeles Superior Court.

The alleged father, Narajan Singh, moved for a change of venue to Imperial County, where he resided, and demurred to the complaint on the ground it failed to state facts sufficient to constitute a cause of action. The Los Angeles Superior Court granted the motion for change of venue, ordered the order to show cause off calendar without prejudice to plaintiff’s right to apply for a new hearing date in Imperial County, and did not rule on the demurrer.

The file was transferred to Imperial County where the court eventually sustained the demurrer without leave to amend and dismissed the action. The appeal is taken from the judgment of dismissal and raises the propriety of the court’s ruling sustaining the general demurrer without leave to amend.

(Lavine

v.

Jessup,

48 Cal.2d 611, 614 [311 P.2d 8].)

[872]

From the outset the defendant has erroneously maintained the complaint fails to state facts sufficient to constitute a cause of action because it alleges the minor child whose paternity it seeks to establish was born in 1956, approximately 14 years before the complaint was filed. Citing cases holding a complaint which shows on its face a long, unexplained delay in bringing the action is subject to a general demurrer for laches

(Kleinclaus

v.

Dutard,

147 Cal. 245, 250 [81 P. 516];