Judge: Michael Shultz, Case: 23CMCP00184, Date: 2023-12-07 Tentative Ruling

Case Number: 23CMCP00184    Hearing Date: December 7, 2023    Dept: A

23CMCP00184 In the Matter of:  Johqa Langley, a minor by and through her Guardian ad Litem, Ashanti Langley

Thursday, December 7, 2023 at 8:30 a.m.

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

      Petitioner, Johqa Maliqe Langley, a minor, by and through her mother, Ashanti Langley, filed this Petition for an Order for Change of Name to Johqa Maliqe Webb, to assume the last name of her guardian. 

      Only one parent consented to the name change. Petitioner is required to disclose the name and address of the other parent and serve that person with the Order to Show Cause at least 30 days before the continued hearing date. (Code Civ. Proc., § 1277(a)(4).) The Court’s file does not reflect that Petitioner filed a proof of service showing that the other parent was given notice of the hearing.

      Petitioner may personally deliver to the other parent notice of the time and place of the hearing or a copy of the order to show cause” (Code Civ. Proc., § 1277; Code Civ. Proc., § 415.10.) If the other parent lives outside the state, the parent may be served by first-class mail, postage prepaid, and requiring a return receipt. (Code Civ. Proc., § 415.40.)

      Petitioner is required to make diligent efforts to locate the other parent. If the other parent cannot be located, Petitioner 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. Additionally, the Court’s file does not reflect that Petitioner has complied with the requirements for publication of the Order to Show Cause. Code Civ. Proc., § 1277.

            Accordingly, the Court continues the hearing to February 9, 2024,  at 8:30 a.m. in Department A of the Compton Courthouse. Petitioner is ordered to comply with the foregoing requirements.