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Anna Nicole Judgment Day Set

Fri., Nov. 17, 2006 4:33 PM PST by Natalie Finn

The case of the Anna Nicole Smith baby daddy is nearing a critical juncture.

Los Angeles Superior Court Judge Robert Schnider, who will decide whether the TrimSpa spokesmodel has to comply with her ex-boyfriend's paternity lawsuit, said Friday that he will issue a ruling Dec. 13.

Paparazzo Larry Birkhead filed suit against Smith last month, shortly after her lawyer/committed romantic partner Howard K. Stern announced he was the father of Smith's daughter, Dannielynn Hope Marshall Stern, born Sept. 7 in the Bahamas.

Birkhead has demanded that Smith return to California with her child to undergo drug and DNA testing. He has also gone after Smith and Stern in the Bahamas, charging the couple with fraud and conspiracy after Stern's name was listed as Dannielynn's father on her birth certificate.

The disgruntled photog's attorney, Debra Opri, told reporters after Friday's hearing that she was pleased with the direction the case is taking.

"I think this case has been moving faster than any in my memory," she said. "My client is confident the test will go forward."

Although Smith's legal camp had been fighting the California court system's jurisdiction in the matter, claiming Smith is a resident of the Bahamas now, Opri said last week after a closed hearing that the state can rule on the paternity issue because Smith lived, worked and had a sexual relationship in California until recently.

Birkhead has asserted that Dannielynn was conceived—with him—in the Golden State.

Smith's family attorney, Ronald Rale, declined to comment Friday because the case involves a minor. However, James Neavitt, who is representing Stern, said he will fight Birkhead's attempts to have his client slapped with a contempt charge for saying he is Dannielynn's father.

Meanwhile, as the legal system toils to shed some light on this murky business, Smith and Stern are literally in the dark.

TMZ.com reported Friday that the power has been shut off again at the waterfront mansion the couple have been holed up in since Dannielynn's birth and the death of Smith's son, Daniel, three days later.

G. Ben Thompson, the South Carolina-based developer who claims to own the home where Smith is staying, turned off the lights after his purported ex-flame refused to pay him for staying there.

The power company turned off the juice for about four hours last week, as well, after which Thompson's son-in-law marched right up to the house to serve Smith with an eviction notice.

According to TMZ, police showed up Thursday to present the former Playmate with a second notice to vacate, but couldn't get in because the electric gate was on the fritz.