California, United States of America
The following excerpt is from Everett v. Everett, 129 Cal.Rptr. 8, 57 Cal.App.3d 65 (Cal. App. 1976):
Defendant relies on Stevens v. Kelley, supra, 57 Cal.App.2d 318, 134 P.2d 56. There, in an action to establish paternity and obtain support, the defendant also pleaded a former adjudication as a defense to the action. (57 Cal.App.2d at p. 320, 134 P.2d 56.) The court first rejected the plaintiff's contention that the parties in the two actions were not the same because the first action was brought in the mother's name. We agree with the court's ruling on that matter: 'The authority of the mother to sue is equal to that of a guardian ad litem or a general guardian. The former action was brought on behalf of the child and she was the real party in interest.' (Id., at p. 323, 134 P.2d at 59.) However, the court went on to hold that notwithstanding both Code of Civil Procedure section 372 and Probate Code section 1431, there 'is no Code section which specifically denies the [57 Cal.App.3d 71] mother of an illegitimate child authority to compromise claims of the child in an action for support brought by the mother on behalf of the child against the alleged father.' (Id. at p. 326, 134 P.2d at 61.)
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.