Judge: Christian R. Gullon, Case: 22PSCP00504, Date: 2023-07-03 Tentative Ruling

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Case Number: 22PSCP00504    Hearing Date: July 3, 2023    Dept: O

Tentative Ruling

MOTION FOR RECONSIDERATION is DENIED.

Background

This is a petition for a name change.

On October 18, 2022, Petitioner, the mother, filed the petition.

On December 27, 2022, the court issued the following minute order: There are no appearances this date. The Court notes this name change is being requested by the minor's biological mother, the biological father has not been notified of the name change. In the future if the biological mother requests the name change for the minor child, the biological father will need to be served and notified of the name change petition.

On December 30, 2022, Petitioner filed the instant motion for reconsideration.

Legal Standard

A formal notice of ruling is required to set the time limit running to file a motion for reconsideration. The 10-day time limit runs from service of notice of entry of the order. (Code Civ. Proc., § 1008, subd. (a).)

Pursuant to Code of Civil Procedure section 1008: 

When an application for an order has been made to a judge, or to a court, and refused in whole or in part, or granted, or granted conditionally, or on terms, any party affected by the order may, within 10 days after service upon the party of written notice of entry of the order and based upon new or different facts, circumstances, or law, make application to the same judge or court that made the order, to reconsider the matter and modify, amend, or revoke the prior order. The party making the application shall state by affidavit what application was made before, when and to what judge,[1] what order or decisions were made, and what new or different facts, circumstances, or law are claimed to be shown.

(Code Civ. Proc., § 1008) (emphasis added)

Discussion

Petitioner, Tina Sarang, files the instant motion on the grounds that she tested positive for COVID-19 on 12/22/2022 and was admitted to the hospital.

Here, however, the motion is denied because Petitioner has not complied with the strict statutory requirements (i.e., details that must be set forth in the affidavit/declaration). Even assuming arguendo Petitioner had complied with CCP section 1008’s requirements, the motion would be denied as Petitioner’s grounds for the motion—inability to attend—was not the reason for the court’s denial of the motion. Rather, the court denied the petition because the biological father was to be served and notified of the name change petition. To the extent that Petitioner and  her child do not have contact with the father, notice of the petition is still required.

Conclusion

Based on the foregoing, the petition is denied. That said, the court notes that it dismissed the petition without prejudice, meaning Petitioner can re-file another petition.