IN THE MATTER OF: OWEN JAMES KISSLER

25CV019914: IN THE MATTER OF: OWEN JAMES KISSLER 01/15/2026 Order to Show Cause Re: Name Change in Department 53

Tentative Ruling

NOTICE:

Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure:

To request limited oral argument, on any matter on this calendar, you must call the Law and Motion Oral Argument Request Line at (916) 874-2615 by 4:00 p.m. the Court day before the hearing and advise opposing counsel. At the time of requesting oral argument, the requesting party shall leave a voice mail message: a) identifying themselves as the party requesting oral argument; b) indicating the specific matter/motion for which they are requesting oral argument; and c) confirming that it has notified the opposing party of its intention to appear and that opposing party may appear via Zoom using the Zoom link and Meeting ID indicated below. If no request for oral argument is made, the tentative ruling becomes the final order of the Court.

Unless ordered to appear in person by the Court, parties may appear remotely either telephonically or by video conference via the Zoom video/audio conference platform with notice to the Court and all other parties in accordance with Code of Civil Procedure §367.75. Although remote participation is not required, the Court will presume all parties are appearing remotely for non-evidentiary civil hearings.

The Department 53 Zoom Link is https://saccourt-ca-gov.zoomgov.com/my/sscdept53.54 and the Zoom Meeting ID is 161 4650 6749. To appear on Zoom telephonically, call (833) 568-8864 and enter the Zoom Meeting ID referenced above. NO COURTCALL APPEARANCES WILL BE ACCEPTED.

Parties requesting services of a court reporter will need to arrange for private court reporter services at their own expense, pursuant to Government code §68086 and California Rules of Court, Rule 2.956. Requirements for requesting a court reporter are listed in the Policy for Official Reporter Pro Tempore available on the Sacramento Superior Court website at https://www.saccourt.ca.gov/court-reporters/docs/crtrp-6a.pdf. Parties may contact Court- Approved Official Reporters Pro Tempore by utilizing the list of Court Approved Official Reporters Pro Tempore available at https://www.saccourt.ca.gov/court-reporters/docs/crtrp- 13.pdf.

A Stipulation and Appointment of Official Reporter Pro Tempore (CV/E-206) is required to be signed by each party, the private court reporter, and the Judge prior to the hearing, if not using a reporter from the Court’s Approved Official Reporter Pro Tempore list.

Once the form is signed it must be filed with the clerk. If a litigant has been granted a fee waiver and requests a court reporter, the party must submit a Request for Court Reporter by a Party with

25CV019914: IN THE MATTER OF: OWEN JAMES KISSLER 01/15/2026 Order to Show Cause Re: Name Change in Department 53

a Fee Waiver (CV/E-211) and it must be filed with the clerk at least 10 days prior to the hearing or at the time the proceeding is scheduled if less than 10 days away. Once approved, the clerk will forward the form to the Court Reporter’s Office and an official reporter will be provided.

TENTATIVE RULING:

This petition is DENIED without prejudice for the following reasons.

First, this petition indicates petitioner is currently under the jurisdiction of the California Department of Corrections and Rehabilitation (“CDCR”) (either in state prison or on parole) or currently in county jail. According to Code of Civil Procedure §1279.5(c), a person under the jurisdiction of CDCR “shall provide a copy of the petition for a name change to the department, in a manner prescribed by the department, at the time the petition is filed,” while a person sentenced to county jail “shall provide a copy of the petition for name change to the sheriff’s department, in a manner prescribed by the department, at the time the petition is filed.” The Register of Actions in this matter does not reflect proof that either of requirements (whichever may be applicable in this instance) has been completed.

Second, this petition also indicates petitioner is currently required to register as a sex offender under Penal Code §290. According to Code of Civil Procedure §1279.5(e), “a court shall deny a petition for a name change pursuant to this title made by a person who is required to register as a sex offender under Section 290 of the Penal Code, unless the court determines that it is in the best interest of justice to grant the petition and that doing so will not adversely affect the public safety.” (Underline added for emphasis.) While the present petition indicates the proposed name change is sought to “match current documents,” this Court is on the present record not able to determine that the proposed name change would be “in the best interest of justice” and/or “will not adversely affect the public safety.”

If petitioner intends to pursue this name change, he should promptly comply with the above-cited requirements of Code of Civil Procedure §1279.5(c) relating to service of the petition on CDCR in the manner prescribed by the department and/or on the sheriff’s department in a manner prescribed by the department, and to file proof of service of same.

Additionally, petitioner may file a supplemental declaration under penalty of perjury attesting to the reasons why it would be “in the best interest of justice to grant the petition and that doing so will not adversely affect the public safety,” as mandated by Code of Civil Procedure §1279.5(e).

SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO

25CV019914: IN THE MATTER OF: OWEN JAMES KISSLER 01/15/2026 Order to Show Cause Re: Name Change in Department 53

Finally, petitioner may obtain a new OSC hearing date and reset this petition for hearing (but petitioner is not required to re-publish the OSC as the Court finds from the proof of publication already on file that publication was adequate and no objections have been filed).

The Clerk is directed to serve petitioner with this Minute Order.

This minute order is effective immediately. No formal order or other notice is required. (Code Civ. Proc. §1019.5; CRC Rule 3.1312.)