Judge: Michael Shultz, Case: 23CMCP00016, Date: 2023-04-25 Tentative Ruling

Case Number: 23CMCP00016    Hearing Date: April 25, 2023    Dept: A

23CMCP00016 In the Matter of:  Connie Juliette Fernandez, by and through her mother, Maria de Jesus Favela Lopez

Tuesday, April 25, 2023 at 8:30 a.m.

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

Petitioner, Connie Juliette Fernandez, filed this Petition on February 1, 2023, for an Order for Change of Name to Connie Juliette Fernandez Favela to add her mother’s name to her birth certificate.  Petitioner is over the age of 18. Proof of publication of the Order to Show Cause was filed March 20, 2023. Code Civ. Proc., § 1277.

            Only parent consented to the name change of Petitioner, who is a minor. Petitioner is required to disclose the other parent’s name and address and 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.  Petitioner is also required to make diligent efforts to locate the other parent:

1.      If Petitioner determines father’s location, Petitioner is ordered to serve the OSC on father as described above at least 30 days before the next hearing date and file the proof of service with the court.

2.      If Petitioner is unable to locate and serve father with a copy of the OSC, Petitioners shall file a supplemental declaration stating what attempts were made to locate father and why service cannot be reasonably accomplished. The supplemental declaration shall be filed no less than 10 court days before the continued hearing date.

            Accordingly, the Court continues the hearing date for this petition to May 30, 2023, at 8:30 a.m. in Department A of the Compton courthouse.