Judge Layne H. Melzer, Case 2022-01286638 2023-07-20 Tentative Ruling

Judge: Layne H. Melzer, Case: 2022-01286638, Date: 2023-07-20 Tentative Ruling

Order to Show Cause for Change of Name

Before the court is an Order to Show Cause for Change of Name of Petitioner Vladimir Bukara.

Where an action for a change of name is commenced by the filing of a petition, the court will thereupon make an order reciting the filing of the petition, the name of the person by whom it is filed and the name proposed, and directing all persons interested in the matter to appear before the court at a time and place specified pursuant to the statute to show cause why the application for a change of name should not be granted. Civ. Proc. Code, § 1277, subd. (a)(1).

A copy of the order to show cause must be published as prescribed in a newspaper of general circulation to be designated in the order published in the county. If no newspaper of general circulation is published in the county, then a copy of the order to show cause will be posted by the clerk of the court in three of the most public places in the county in which the court is located for a like period. Proof must be made to the satisfaction of the court of this publication or posting at the time of the hearing of the application. Civ. Proc. Code, § 1277, subd. (a)(2) (referring to provisions for publishing of legal notices in Gov. Code, § 6064).

Here, Petitioner filed a Proof of Service by publication showing that on June 15, 2023, June 22, 2023, June 29, 2023, and July 6, 2023 in the Seal Beach Sun giving the date, time, and department for the hearing. The name is identified as: “GADRIEL-HAGAKURE ODIN”. This includes a hyphen between the first two names.

The Proposed order filed has the name identified as “:Gadriel-Hagakure :Odin”. The court noted in the 6/8/23 Minute Order that it was not clear if the colon was meant to be present. It does not appear so. It appears that the colon is used to distinguish a new word as petitioner uses it for his first name too in the proposed order. (ROA 33). Further, the name published has no colon.

An application for a change of name must be heard at the time designated by the court, only if objections are filed by any person who can, in those objections, show to the court good reason against the change of name. At the hearing, the court may examine on oath any of the petitioners, remonstrants, or other persons touching the application, and may make an order changing the name, or dismissing the application, as the court may deem right and proper. Civ. Proc. Code, § 1278, subd. (a)(1). If no objection is timely filed, then the court may, without hearing, enter the order that the change of name is granted. Civ. Proc. Code, § 1278, subd. (a)(2).

Thus, if no timely objection is filed, the court will grant the Second Amended Petition and change Petitioner’s name from Vladimir Bukara to Gadriel-Hagakure Odin.