Judge: Michelle Williams Court, Case: 21STCP03583, Date: 2022-08-23 Tentative Ruling

Case Number: 21STCP03583    Hearing Date: August 23, 2022    Dept: 74

21STCP03583            IN THE MATTER OF: DAVID TIFFANY DEVON MURPHY

Petitioner’s Motion to Seal

TENTATIVE RULING:  The motion is DENIED.

Background

On October 29, 2021, Petitioner filed a Petition for Change of Name.

On January 3, 2022, the Court entered a decree changing the name of Petitioner.

Motion

On January 5, 2022, Petitioner Ahe Healani Masina Fetu Jijoon Khione Maiava Coronado, in propria persona, filed a one-page, handwritten document entitled “Motion to Seal (Old Name for Safety Reasons) requesting the Court seal Petitioner’s old name.

Discussion

Petitioner moves the Court to seal their old name, citing calls and text messages from unknown numbers, and an abusive former family, that Petitioner’s worry over their ability to find Petitioner.

While the Court understands Petitioner’s concerns, the motion does not comply with the requirements to seal a court record pursuant to California Rules of Court, rules 2.550 and 2.551. (See Cal. R. Ct., rule 2.551(b)(1)(“The motion or application must be accompanied by a memorandum and a declaration containing facts sufficient to justify the sealing.”).) In California, “[u]nless confidentiality is required by law, court records are presumed to be open.” (Cal. R. Ct., rule 2.550(c).) Petitioner also has not demonstrated that “petitioner is an active participant in the address confidentiality program created pursuant to Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of the Government Code, and that the name the petitioner is seeking to acquire is on file with the Secretary of State” as required for a confidential name change under Code of Civil Procedure section 1277(b).

Petitioner’s motion does not provide a legally sufficient basis to seal the record.