2018-00228850-CU-PT

In Re: Estrella Holmes

Nature of Proceeding: Petition for Change of Name

Filed By: Holmes, Estrella

The petition for name changes is denied.

Petitioner Estrella Holmes seeks to change the names of her three children. Two are minor children and one is an adult. This matter was heard on May 24, 2018 and continued to June 1 to permit Petitioner to file additional necessary documents in support of her petition.

Petitioner has filed a declaration from her adult son, stating that she has his permission to request the name change. However, the declaration is signed with his requested name, rather than with his current legal name, and thus is invalid.

Additionally, Petitioner has not provided a declaration of diligent search demonstrating that she has diligently sought to notify the father of the two minor children but has been unable to do so. Although Petitioner has submitted a purported Declaration of Diligent Search and Request to Dispense with Notice, the document contains no evidence that Petitioner has, in fact, conducted a diligent search and been unable to find the father. Thus, the Court cannot waive the notice requirements on this record.

Finally, Petitioner has sought to have the name changes be confidential, but has not followed the proper procedure. If Petitioner wishes to have the name changes confidential, CCP 1277(b)(1) and CRC Rule 2.575 provides means to do so.

If Petitioner wishes to seal the current petition for name change and order to show cause so that it is no longer available to the public, petitioner shall file a motion to seal pursuant to CRC Rule 2.550 and 2.551 by no later than June 8, 2018.

The Court notes that the clerk has already been directed to change the security clearance. However, if no motion to seal is received by June 8, this matter shall be returned to the public record.