Judge: Elaine Lu, Case: 22STCP03937, Date: 2022-12-19 Tentative Ruling

Case Number: 22STCP03937    Hearing Date: December 19, 2022    Dept: 26

The criminal history assessment that the Probation Office has run through CLETS is ambiguous.  On the one hand, the Probation Office has checked off that “Petitioner is unable to be identified,” in which case Petitioner must cooperate with Probation to provide a form of identification that enables the Probation Department to run a criminal history assessment identifying whether Petitioner is a registered sex offender.  In addition, there is an indication from Probation’s criminal history assessment that Petitioner has an active outstanding warrant: " PETITIONER HAS AN OUTSTANDING BENCH WARRANT; $NO BAIL (SAN BERNARDIND) CS #FVI20000274. Petitioner must clear the outstanding bench warrant and file evidence of such before the Court will rule on the petition for name change.  The OSC and hearing on the petition for name change are continued to February 27, 2023 at 9:00 am.  No later than two weeks before the continued OSC and hearing, Petitioner must file written proof that the outstanding bench warrant has been fully addressed and resolved.  Failure to do so will result in the OSC and hearing on the petition being taken off calendar without prejudice to be placed back on calendar upon filing of proof that all outstanding warrants have been cleared.  The Probation Office is to run a new criminal history assessment prior to the continued OSC verifying whether Petitioner is a registered sex offender and verifying whether the bench warrant has been cleared.

The Court Clerk is to give notice to all parties.