Daniels v. Daniels

The action herein was instituted by the infant plaintiff, “to determine parental relationship,” and was directed against the mother, Joan Evelyn Daniels, and the alleged father, respondent herein. Respondent’s answer denies paternity of the child and alleges that plaintiff was conceived while the mother was the wife of one Jay Schleuter, and that before, during and after the conception of plaintiff, the mother cohabited with the husband who was not impotent; that therefore, under section 1962, subdivision 5, of the Code of Civil Procedure, the plaintiff child is conclusively presumed to be…