Judge: Elaine Lu, Case: 23STCP04009, Date: 2024-01-08 Tentative Ruling

Case Number: 23STCP04009    Hearing Date: January 8, 2024    Dept: 26

The petition is granted in part.  The proposed decree improperly includes the following proposed language in item 2(f) which extends beyond the scope of a petition for name change: “Any documents that reflect the petitioner's date of birth as May 21, 1957 shall be corrected to reflect his accurate date of birth as May 17, 1957. The petitioner's medical insurance coverage shall not be abridged, limited, refused or rejected in any way because any of his identity documents (including, but not limited to social security records or Medicare cards/records) reflect his name as any of the names listed herein.” The proposed language would in effect operate as injunctive relief against third parties who have not received notice and have not had an opportunity to be heard.  This type of injunctive relief that Plaintiff seeks does not fall within the proper scope of relief that may be sought or granted in a petition for a name change.  Accordingly, this language is stricken from the decree.  The decree will be signed as amended.  A copy of the signed decree will be available in Room 112 of the Clerk's Office seven days after the date of the hearing. 

Court Clerk to give notice.