In re Harper CA5

California Court of Appeal Nov 18, 2021 No. F081722Unpublished

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Holding. The court held that trial courts possess the inherent discretion to authorize alternative methods of publication for indigent litigants seeking a name change, even when the governing statute does not explicitly provide an exception for such costs.

Issues

Whether a trial court has the discretion to permit an alternative method of publication for a name change petition when an indigent litigant cannot afford the statutory publication fee.

Disposition. remanded

Quotations verified verbatim against the opinion

“California courts, pursuant to the principles of the in forma pauperis doctrine, have the inherent discretion to facilitate an indigent civil litigant’s equal access to the judicial process”

“the trial court had discretion to determine a reasonable alternative method to publication.”

Filed 11/18/21 In re Harper CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT

In re JASON SCOTT HARPER, for Change of F081722 Name. (Super. Ct. No. 19C0339)

OPINION

THE COURT* APPEAL from an order of the Superior Court of Kings County. Kathy Ciuffini, Judge. Jason Scott Harper, in pro. per., for Appellant. No appearance for Respondent. -ooOoo- Jason Harper, an allegedly indigent prisoner, filed a Petition for Change of Name in superior court. However, Harper could not afford to publish notice of his change of name in the county newspaper pursuant to Code of Civil Procedure section 1277 due to his indigency. Harper requested the superior court allow him to publish notice via the court clerk. Nevertheless, the superior court issued an order denying Harper’s petition for noncompliance with the publication requirement, finding the superior court had no discretion to permit an alternative means of publication. Harper appeals from the court’s

* Before Levy, Acting P. J., Franson, J. and Snauffer, J.

order, arguing that the superior court had such discretion. We agree and remand for further proceedings. FACTS Harper is an inmate in the California Department of Corrections and Rehabilitation. He was previously involved in a prison incident that negatively associated his name in the minds of other prisoners. Desiring to change his name, Harper filed a Petition for Change of Name in the superior court.1 Pursuant to Code of Civil Procedure, section 1277, subdivision (a)(2),2 Harper was required to publish the trial court’s order to show cause for the name change in a newspaper of general circulation in Kings County. Such a newspaper existed and required $222.50 to publish the order to show cause. Harper claimed he was indigent and thus unable to produce this sum. He argued, nevertheless, that the court had discretion to and should apply the provision that allows publication by clerk’s posting when a county has no newspaper of general circulation. (Ibid.) Ultimately, the trial court denied Harper’s petition because it determined it lacked discretion to permit publication of the order to show cause via clerk’s posting when a newspaper of general circulation exists.

In re Harper CA5

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