Judge: Michael Shultz, Case: 22CMCP00096, Date: 2022-08-16 Tentative Ruling

Case Number: 22CMCP00096    Hearing Date: August 16, 2022    Dept: A

22CMCP00096 In the Matter of: Aleena Sanchez, by and through her mother, Marissa Tafolla

Tuesday, August 16, 2022, 8:30 a.m.

[TENTATIVE] ORDER CONTINUING THE HEARING ON PETITION FOR CHANGE OF NAME

            The court has considered the Petition filed on June 6, 2022 by ALEENA SANCHEZ, by and through her mother, Marissa Tafolla, to change name to ALEENA TAFOLLA SANCHEZ in order to assume her mother’s last name. As Petitioner is a minor, consent by both parents to change Petitioner’s name is required. Code Civ. Proc., § 1276(c). The Petition is signed by only one parent although Petitioner disclosed the name and address of the other parent.

            If only one parent consents, Petitioner is required to serve the other parent with the Order to Show Cause at least 30 days before the hearing. Code Civ. Proc., § 1277(a)(4). The OSC shall be personally served on the other parent if that parent resides in California. Id. Service outside California may be accomplished by mail.  Id.

            If service of the Order to Show Cause cannot be “reasonably accomplished,” Petitioner shall file a supplemental declaration describing diligent efforts to obtain parental consent and circumstances that preclude service of the Order to Show Cause on the other parent.  Additionally, the court’s docket does not reflect that Petitioner complied with the requirements for publication of the Order to Show Cause. Code Civ. Proc., § 1277.

            Therefore, the hearing is continued to October 18, 2022, at 8:30 a.m. in Department A of the Compton courthouse to permit Petitioner to comply with the foregoing requirements. A proof of service on the other parent or a declaration stating why service cannot be reasonably accomplished shall be filed no less than 10 court days before the continued hearing date.