Judge: Stephen P. Pfahler, Case: 23CHCP00399, Date: 2023-12-04 Tentative Ruling

Case Number: 23CHCP00399    Hearing Date: December 4, 2023    Dept: F49

Dept. F-49

Date: 12-4-23

Case #23CHCP00399

OSC RE: NAME CHANGE

MOVING PARTY: Petitioner, Hardeep Kaur, et al.

RESPONDING PARTY: None

RELIEF REQUESTED

Hardeep Kaur petitions for a name change to Hardeep Kaur Sandhu

Harmandeep Singh by and through Hardeep Kaur petitions for a name change to Harman Pal Singh Sandhu by and through Hardeep Kaur

RULING: Continued.

Hardeep Kaur is an adult and submitted a completed petition.

Harmandeep Singh is a minor. The petition is only executed by one parent, Hardeep Kaur.

Criminal history assessments of both the adult and minor show no arrests or convictions.

The petition shows proofs of publication via the San Fernando Sun newspaper on October 12, 19, 26, and November 2, 2023. (See Code Civ. Proc., § 1277.)

The application lacks the signature of the biological father on the application or proof of service, or even identification of this person.

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).)

Petitioner may submit an amended petition with the signature of both parents or present proof of service on the biological father with the subject order as notice of the next hearing date. If Petitioner submits an amended petition or proof of service more than seven (7) days before the next hearing date, and barring any objection from the parent, the court will grant the petition without the necessity of a second appearance.

Adult parent may alternatively submit a declaration regarding the unknown location of the other biological parent. Petitioner may additionally request the declaration to serve as a basis for leave to find the proof of publication as sufficient notice to said parent.

The hearing is continued to January 24, 2023.

Clerk to give notice.