Judge: Michael Shultz, Case: 23CMCP00010, Date: 2023-04-04 Tentative Ruling

Case Number: 23CMCP00010    Hearing Date: April 4, 2023    Dept: A

23CMCP00010 In the Matter of:  Marcos Jesus Olea, a minor

Tuesday, April 4, 2023, at 8:30 a.m.

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

Petitioner, Marcos Jesus Olea, by and through his mother, Alma Lorena Olea, filed this Petition on January 24, 2023, for an order to change the minor’s last name by adding Gonzalez, which is mother’s last name. As the Petitioner is a minor, a Criminal History Assessment is not required. The court’s file reflects that Petitioner has complied with the requirements for publication of the Order to Show Cause. (Code Civ. Proc., § 1277).

1)      If, as in this case, only one parent consents to the name change, Petitioner is required to disclose the name and address if known of the other parent, if living. (Code Civ. Proc., § 1276(c)).  

2)      Petitioner must also provide notice to the nonconsenting parent by serving that person with the Order to Show Cause at least 30 days before the hearing. (Code Civ. Proc., § 1277 (a)(4)).

3)      The OSC may be served in any manner provided by statute (personal service or substituted service) whether or not the person is within California or outside California but within the United States. (Id.; Code Civ. Proc., §415.10 and §415.20). Additionally, service on the person if outside California may be accomplished by delivering the OSC by first-class mail, postage prepaid, and requiring a return receipt. (Code Civ. Proc., § 415.40).

4)      If Petitioner is unable to locate and serve the other parent with a copy of the OSC, Petitioner shall file a supplemental declaration describing what attempts were made to locate the other parent and why service cannot be reasonably accomplished. The supplemental declaration shall be filed no less than 10 court days before the continued hearing date. (Code Civ. Proc., § 1277(a)(4)).

            Accordingly, the hearing is continued to Ma7 25, 2023, at 8:30 a.m. in Department A of the Compton courthouse for Petitioner to comply with the foregoing requirements.