Judge: Michael Shultz, Case: 22CMCP00104, Date: 2022-08-25 Tentative Ruling

Case Number: 22CMCP00104    Hearing Date: August 25, 2022    Dept: A

22CMCP00104 In the Matter of: Dylan Elijah Martinez and Venizio Tomas Martines, by and through their mother, Azalea Fauth

Thursday, August 25, 8:30 a.m.

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

            The court has considered the Petition filed on June 16, 2022.  Petitioner, Dylan Elijah Martinez, requests an order to change name to Dylan Elijah Fauth. Petitioner, Venizio Thomas Martinez, requests an order to change name to Venizio Tomas Fauth. The court’s file reflects that on July 26, 2022, the publisher for the Los Angeles Daily Journal, filed a proof of publication of the Order to Show Cause. Code Civ. Proc., § 1277 subd. (a)(4). As Petitioners are minors, both parents must consent to the change. Code Civ. Proc., § 1276 subd. (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 subd. (a)(4). Since the Petition indicates that the other parent resides outside of California, Petitioners may serve the OSC on the other parent 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.  Id. The declaration shall be filed no less than 10 days before the continued hearing date.

            Therefore, the hearing is continued to November 17, 2022 at 8:30 a.m. in Department A of the Compton courthouse to permit Petitioners 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.