In re: Sylvester
Petition for Change of Name
Motion type
Parties
Ruling
CASE NUMBER: 26CV-0210663 Tentative Ruling on Petition for Change of Name: Petitioner Tyler Sylvester seeks to change the name of his minor daughter. Proof of publication has been filed. However, when a petition to change the name of a minor is brought by one parent only, the nonconsenting parent must be personally served with the notice of hearing or order to show cause at least 30 days before the hearing date. See CCP § 1277(a)(4). Petitioner filed a Proof of Service on July 14, 2026, which shows personal service on July 7, 2026, which is just 13 days before the hearing. This is insufficient. The nonconsenting parent must receive notice at least 30 days before the hearing.
This matter is continued to Tuesday, September 8, 2026, at 8:30 a.m. in Department 64 to permit timely service on the mother. Petitioner shall file an Amended Order to Show Cause (“Amended OSC”) for the continued hearing date. The Amended OSC must be personally served on the mother at least 30 days before the continued hearing date. No appearance is necessary on today’s calendar. 6
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