Judge: Michael Shultz, Case: 23CMCP00011, Date: 2023-04-04 Tentative Ruling

Case Number: 23CMCP00011    Hearing Date: April 4, 2023    Dept: A

23CMCP00011 In the Matter of:  Dominic Dewayne, et al., minors

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

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

Petitioners, Dominic Dewayne Miguel Henderson and Gabriel Michael Henderson, by and through their mother, Chantal Monique Culpepper, filed these Petitions on January 24, 2023, for an order to change both minors’ last names from Henderson to Culpepper, since they prefer their mother’s birth name. As the Petitioners are minors, a Criminal History Assessment is not required. The court’s file reflects that Petitioners have 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, Petitioners are required to disclose the name and address if known of the other parent, if living. (Code Civ. Proc., § 1276(c)).  

2)      Petitioners 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. (Cal 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 within the United States. (Id.; Code Civ. Proc., §415.10 and §415.20). Additionally, service on the person 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 Petitioners are unable to locate and serve the other parent with a copy of the OSC, Petitioners shall file a supplemental declaration stating 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 May 25, 2023, at 8:30 a.m. in Department A of the Compton courthouse for Petitioners to comply with the foregoing requirements.