2005 California Code of Civil Procedure Sections 1275-1279.6 TITLE 8. CHANGE OF NAMES

1275.  Applications for change of names must be determined by the
Superior Courts.
1276.  (a) All applications for change of names shall be made to the
superior court of the county where the person whose name is proposed
to be changed resides, except as specified in subdivision (c),
either (1) by petition signed by the person or, if the person is
under 18 years of age, either by one of the person's parents, or by
any guardian of the person, or if both parents are dead and there is
no guardian of the person, then by some near relative or friend of
the person or (2) as provided in Section 7638 of the Family Code.
   The petition or pleading shall specify the place of birth and
residence of the person, his or her present name, the name proposed,
and the reason for the change of name, and shall, if neither parent
of the person has signed the petition, name, as far as known to the
person proposing the name change, the parents of the person and their
place of residence, if living, or if neither parent is living, near
relatives of the person, and their place of residence.
   (b) In an action for a change of name commenced by the filing of a
petition:
   (1) If the person whose name is proposed to be changed is under 18
years of age and the petition is signed by only one parent, the
petition shall specify the  address, if known, of the other parent if
living.  If the petition is signed by a guardian, the petition shall
specify the name and address, if known, of the parent or parents, if
living, or the grandparents, if the addresses of both parents are
unknown or if both parents are deceased, of the person whose name is
proposed to be changed.
   (2) If the person whose name is proposed to be changed is 12 years
of age or over, has been relinquished to an adoption agency by his
or her parent or parents, and has not been legally adopted, the
petition shall be signed by the person and the adoption agency to
which the person was relinquished.  The near relatives of the person
and their place of residence shall not be included in the petition
unless they are known to the person whose name is proposed to be
changed.
   (c) All applications 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.
   (d) If the petition is signed by a guardian, the petition shall
specify relevant information regarding the guardianship, the
likelihood that the child will remain under the guardian's care until
the child reaches the age of majority and information suggesting
that the child will not likely be returned to the custody of his or
her parents.
1277.  (a) Where an action for a change of name is commenced by the
filing of a petition, except as provided in subdivisions (b) and (c),
the court shall thereupon make an order reciting the filing of the
petition, the name of the person by whom it is filed and the name
proposed, and directing all persons interested in the matter to
appear before the court at a time and place specified, which shall be
not less than four or more than eight weeks from the time of making
the order, to show cause why the application for change of name
should not be granted.  A copy of the order to show cause shall be
published pursuant to Section 6064 of the Government Code in a
newspaper of general circulation to be designated in the order
published in the county.  If no newspaper of general circulation is
published in the county, a copy of the order to show cause shall be
posted by the clerk of the court in three of the most public places
in the county in which the court is located, for a like period.
Proof shall be made to the satisfaction of the court of this
publication or posting, at the time of the hearing of the
application.
   Four weekly publications shall be sufficient publication of the
order to show cause.  If the order is published in a daily newspaper,
publication once a week for four successive weeks shall be
sufficient.
   Where a petition has been filed for a minor by a parent and the
other parent, if living, does not join in consenting thereto, the
petitioner shall cause, not less than 30 days prior to the hearing,
to be served notice of the time and place of the hearing or a copy of
the order to show cause on the other parent pursuant to Section
413.10, 414.10, 415.10, or 415.40.
   (b) Where the petition for a change of name alleges that the
reason for the petition is to avoid domestic violence, as defined in
Section 6211 of the Family Code, or stalking, as defined in Section
646.9 of the Penal Code, and the petitioner is a participant in the
address confidentiality program created pursuant to Chapter 3.1
(commencing with Section 6205) of Division 7 of Title 1 of the
Government Code, the petition, the order of the court, and the copy
published pursuant to subdivision (a) shall, in lieu of reciting the
proposed name, indicate that the proposed name is confidential and
will be on file with the Secretary of State pursuant to the
provisions of the address confidentiality program.
   (c) An action for a change of name for a witness participating in
the state Witness Protection Program established by Title 7.5
(commencing with Section 14020) of Part 4 of the Penal Code who has
been approved for the change of name by the program is exempt from
the requirement for publication of the order to show cause under
subdivision (a).
   (d) Where application for change of name is brought as part of an
action under the Uniform Parentage Act (Part 3 (commencing with
Section 7600) of Division 12 of the Family Code), whether  as part of
a petition or cross-complaint or as a separate order to show cause
in a pending action thereunder, service of the application shall be
made upon all other parties to the action in a like manner as
prescribed for the service of a summons, as is set forth in Article 3
(commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2.
Upon the setting of a hearing on the issue, notice of the hearing
shall be given to all parties in the action in a like manner and
within the time limits prescribed generally for the type of hearing
(whether trial or order to show cause) at which the issue of the
change of name is to be decided.
   (e) Where a guardian files a petition to change the name of his or
her minor ward pursuant to Section 1276:
   (1) The guardian shall provide notice of the hearing to any living
parent of the minor by personal service at least 30 days prior to
the hearing.
   (2) If either or both parents are deceased or cannot be located,
the guardian shall cause, not less than 30 days prior to the hearing,
to be served a notice of the time and place of the hearing or a copy
of the order to show cause on the child's grandparents, if living,
pursuant to Section 413.10, 414.10, 415.10, or 415.40.
1278.  (a) Except as provided in subdivisions (c) and (d), the
application shall be heard at the time designated by the court, only
if objections are filed by any person who can, in those objections,
show to the court good reason against the change of name.  At the
hearing, the court may examine on oath any of the petitioners,
remonstrants, or other persons, touching the application, and may
make an order changing the name, or dismissing the application, as to
the court may seem right and proper.
   If no objection is filed the court may, without hearing, enter the
order that the change of name is granted.
   (b) Where the provisions of subdivision (b) of Section 1277 apply,
the court shall not disclose the proposed name unless the court
finds by clear and convincing evidence that the allegations of
domestic violence or stalking in the petition are false.
   (c) Where the application for a change of name is brought as part
of an action under the Uniform Parentage Act (Part 3 (commencing with
Section 7600) of Division 12 of the Family Code), the hearing on the
issue of the change of name shall be conducted pursuant to statutes
and rules of court governing those proceedings, whether the hearing
is conducted upon an order to show cause or upon trial.
   (d) Where the application for a change of name is filed by a
guardian on behalf of a minor ward, the court shall first find that
the ward is likely to remain in the guardian's care until the age of
majority and that the ward is not likely to be returned to the
custody of his or her parents.  Upon making such findings, the court
shall consider the petition and may grant the petition only if it
finds that the proposed name change is in the best interest of the
child.
1278.5.  In any proceeding pursuant to this title in which a
petition has been filed to change the name of a minor, and both
parents, if living, do not join in consenting thereto, the court may
deny the petition in whole or in part if it finds that any portion of
the proposed name change is not in the best interest of the child.
1279.5.  (a) Except as provided in subdivision (b), (c), (d), or
(e), nothing in this title shall be construed to abrogate the common
law right of any person to change his or her name.
   (b) Notwithstanding any other law, no person imprisoned in the
state prison and under the jurisdiction of the Director of
Corrections shall be allowed to file an application for change of
name pursuant to Section 1276, except as permitted at the discretion
of the Director of Corrections.
   (c) A court shall deny an application for a name change pursuant
to Section 1276 made by a person who is under the jurisdiction of the
Department of Corrections, unless that person's parole agent or
probation officer grants prior written approval.  Before granting
that approval the parole agent or probation officer shall determine
that the name change will not pose a security risk to the community.
   (d) Notwithstanding any other law, a court shall deny an
application for a name change pursuant to Section 1276 made by a
person who is required to register as a sex offender under Section
290 of the Penal Code, unless the court determines that it is in the
best interest of justice to grant the application and that doing so
will not adversely affect the public safety.  If an application for a
name change is granted for an individual required to register as a
sex offender, the individual shall, within five working days, notify
the chief of police of the city in which he or she is domiciled, or
the sheriff of the county if he or she is domiciled in an
unincorporated area, and additionally, with the chief of police of a
campus of a University of California or California State University
if he or she is domiciled upon the campus or in any of its
facilities.
   (e) For the purpose of this section, the court shall use the
California Law Enforcement Telecommunications System (CLETS) and
Criminal Justice Information System (CJIS) to determine whether or
not an applicant for a name change is under the jurisdiction of the
Department of Corrections or is required to register as a sex
offender pursuant to Section 290 of the Penal Code.  Each person
applying for a name change shall declare under penalty of perjury
that he or she is not under the jurisdiction of the Department of
Corrections or is required to register as a sex offender pursuant to
Section 290 of the Penal Code.  If a court is not equipped with CLETS
or CJIS, the clerk of the court shall contact an appropriate local
law enforcement agency which shall determine whether or not the
applicant is under the jurisdiction of the Department of Corrections
or is required to register as a sex offender pursuant to Section 290
of the Penal Code.
1279.6.  No person engaged in a trade or business of any kind or in
the provision of a service of any kind shall do any of the following:
   (a) Refuse to do business with a woman, or refuse to provide the
service to a woman, regardless of her marital status, because she has
chosen to use or regularly uses her birth name or former name.
   (b) Impose, as a condition of doing business with a woman, or as a
condition of providing the service to a woman, a requirement that
the woman, regardless of her marital status, use a name other than
her birth name or former name if she has chosen to use or regularly
uses her birth name or former name.