2017-00219997-CU-PT

In Re: Julian Ivvyon Simms-Isack

Nature of Proceeding: Petition for Change of Name

Filed By: Ward, Claudette

Petitioner Claudette Ward’s Petition for Change of Name of Minor Julian Ivvyon Simms -Isack to Julian Durrell Ward is DENIED WITHOUT PREJUDICE.

Petitioner Claudette Ward, who petitions for the minor’s name change in her capacity as his court-appointed guardian, represents that the minor’s parents cannot be located for purposes of serving notice of this hearing. (See Petition (identifying Case No. 34-2012-00128126, Dept. 129 as the court in which she was appointed guardian).)

Code of Civil Procedure § 1276(e) provides that “All petitions for the change of the name of a minor submitted by a guardian appointed by the juvenile court or the probate court shall be made in the appointing court.” (emphasis added).) Petitioner has not shown that this Court, rather than the probate court in which she was appointed as the minor’s guardian, is the proper court in which to bring this petition to change the minor’s name.

Further, the papers currently before the Court indicate that the minor’s grandmother lives at an address in Elk Grove. Petitioner did not file any Proof of Service of notice of this hearing on the minor’s living grandparents not less than 30 days before the hearing. (Code Civ. Proc. §§ 1276, 1277(e)(1)-(2).) Petitioner did not demonstrate that she provided notice of the proposed name change to the minor’s living grandparents.

For the foregoing reasons, the Court must deny the Petition without prejudice. The Court takes no position as to whether Petitioner’s request to change the minor’s name might be successful if brought in the probate court where she was appointed as the minor’s guardian.