Judge: Stephen P. Pfahler, Case: 22CHCP00373, Date: 2022-12-28 Tentative Ruling

Case Number: 22CHCP00373    Hearing Date: December 28, 2022    Dept: F49

Dept. F-49

Date: 12-28-22

Case #22CHCP00373

NAME CHANGE

MOVING PARTY: Petitioner, Conner Liam O’Dea

RESPONDING PARTY: None

RELIEF REQUESTED

Conner Liam O’Dea petitions for a name change to Conner Liam Ardito

RULING: Granted.

Petitioner is a minor, and filed a completed Petition Form NC-100. (Code Civ. Proc., § 1276.)

A criminal history assessment shows no juvenile arrests or convictions for the 16 year old minor. (See Code Civ. Proc., § 1279.5.)

The petition shows proof of publication via the Daily Commerce newspaper on November 4, 11, 18, and 25, 2022. (See Code Civ. Proc., § 1277.)

The application is submitted by a single parent, and lacks the signature of the other biological parent on the application. The other parent is identified by name, but no address is listed.

If a petition has been filed for a minor by a parent and the other parent, if living, does not join in consenting thereto, the petitioner shall cause, not less than 30 days before the hearing, to be served notice of the time and place of the hearing or a copy of the order to show cause on the other parent pursuant to Section 413.10, 414.10, 415.10, or 415.40. If notice of the hearing cannot reasonably be accomplished pursuant to Section 415.10 or 415.40, the court may order that notice be given in a manner that the court determines is reasonably calculated to give actual notice to the nonconsenting parent. In that case, if the court determines that notice by publication is reasonably calculated to give actual notice to the nonconsenting parent, the court may determine that publication of the order to show cause pursuant to this subdivision is sufficient notice to the nonconsenting parent.

(See Code Civ. Proc., § 1277, subd. (a)(4).)

Notwithstanding the missing address information and signature, the petition was submitted with a proof of service on the other biological parent. The court accepts the proof of service, and therefore finds the petition in compliance.

The petition is accordingly granted.

Clerk to give notice.