IN RE: HARDING

CASE NUMBER: 26CV-0210051 Tentative Ruling on Petition for Change of Name: Petitioner Katie Anna Harding seeks to change her name to Katie Anna Smith. Petitioner also seeks to change the last name of her three minor children. No proof of publication has been submitted. The Court requires a Certificate of Publication from the publishing newspaper before the Petition may be granted.

Additionally, when a petition to change the name of a minor is brought by one parent only, the non-petitioning 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). If the non-petitioning parent lives out of state, service may be accomplished by certified mail. CCP §§ 415.10 and 415.40. Here, the fathers are not listed in the Petition. However, three Proofs of Service were filed indicating that Eric Stock, Damien Harding, and Anthony Retamoza were served by mail at addresses in California. If these individuals are the fathers of the minors, they will need to be personally served.

An appearance by Petitioner is necessary on today’s calendar to confirm the names of the fathers and to select a new hearing date. Petitioner will need to obtain an Amended Order to Show Cause with the new hearing date and effect personal service on each father no less than 30 days prior to the continued hearing date. Additionally, Petitioner will need to provide the original Certificate of Publication.

JONES, ET AL. VS. TAYLOR