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Name Change California Laws ~

CCP 1275-1279.6


UPDATE:  Effective September 1, 2018, the Name Change California Laws and Court Forms were substantially revised. EZ Name Change is using all the New Forms and they are also available at the Superior Court


People interested in changing names can look up the Name Change California Laws in the California Code of Civil Procedure at CCP 1275-1279.6. Here, you can read an abridged version of all those laws, copied exactly from the non-copyrighted California Legislative Information. This abridged version adopts the sections most often asked about by EZ Name Change customers and website users, and does not show the rest.  This abridged version of the Name Change California Laws is available subject to the terms and conditions for use of this website, and are freely available to anyone wishing to know the most useful and pertinent parts of those laws.  EZ Name Change has inserted “Name Change California Laws, within brackets, to conform to page SEO protocols. With that explanation, these are the abridged Name Change California Laws:

California Code of Civil Procedure – CCP

[About Where to File For Name Change, Name Change California Laws~CCP 1275]

1275. Applications for change of names must be determined by the Superior Courts.

[About What Goes In The Petition, Name Change California Laws~CCP 1276]

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, either (1) by petition signed by the person or, if the person is under 18 years of age, by one of the person’s parents. 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.

(c) In a proceeding for a change of name commenced by the filing of a petition, 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.

[About Publishing and Serving Notice, Name Change California Laws~CCP 1277]

1277(a) (1) If a proceeding for a change of name is commenced by the filing of a petition, except as provided in subdivisions (b), (c), and (e), or Section 1277.5, 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. The order shall direct all persons interested in the matter to appear before the court at a time and place specified, which shall be not less than 6 weeks nor more than 12 weeks from the time of making the order, unless the court orders a different time, to show cause why the application for change of name should not be granted. The order shall direct all persons interested in the matter to make known any objection that they may have to the granting of the petition for change of name by filing a written objection, which includes the reasons for the objection, with the court at least two court days before the matter is scheduled to be heard and by appearing in court at the hearing to show cause why the petition for change of name should not be granted. The order shall state that, if no written objection is timely filed, the court may grant the petition without a hearing.

[About Publishing and Serving Notice, Name Change California Laws cont’d~CCP 1277]

(2) 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 a newspaper of general circulation is not 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.

(3) 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.

(4)If 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 before 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. If notice of the hearing cannot reasonably be accomplished pursuant to Section 415.10 or 415.40, the court may order that notice be given in a manner that the court determines is reasonably calculated to give actual notice to the nonconsenting parent. In that case, if the court determines that notice by publication is reasonably calculated to give actual notice to the nonconsenting parent, the court may determine that publication of the order to show cause pursuant to this subdivision is sufficient notice to the nonconsenting parent.

[About Publishing and Serving Notice for Petitions seeking to Conform One’s Name to One’s Gender Identity~CCP 1277]

(5) If the petition for a change of name is sought in order to conform the petitioner’s name to the petitioner’s gender identity, the action for a change of name is exempt from the requirement for publication of the order to show cause under this subdivision.

[About Publishing and Serving Notice for Confidential Petitions, for Petitioners enrolled in California Safe-At-Home Program~CCP 1277]

(b) (1) If the petition for a change of name alleges a reason or circumstance described in paragraph (2), and the petitioner has established that the petitioner is an active 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, and that the name the petitioner is seeking to acquire is on file with the Secretary of State, the action for a change of name is exempt from the requirement for publication of the order to show cause under subdivision (a), and the petition and the order of the court shall, in lieu of reciting the proposed name, indicate that the proposed name is confidential and is on file with the Secretary of State pursuant to the provisions of the address confidentiality program.

[About Publishing and Hearing Dates for Petitions seeking to Conform One’s Name to One’s Gender Identity~CCP 1277]

1277.5. (a) (1) If a proceeding for a change of name to conform the petitioner’s name to the petitioner’s gender identity is commenced by the filing of a petition, 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. The order shall direct all persons interested in the matter to make known any objection to the change of name by filing a written objection, which includes any reasons for the objection, within six weeks of the making of the order, and shall state that if no objection showing good cause to oppose the name change is timely filed, the court shall, without hearing, enter the order that the change of name is granted.

(2) The proceeding for a change of name to conform the petitioner’s name to the petitioner’s gender identity is exempt from any requirement for publication.

(b) A hearing date shall not be set in the proceeding unless an objection is timely filed and shows good cause for opposing the name change. Objections based solely on concerns over the petitioner’s actual gender identity shall not constitute good cause. At the hearing, the court may examine under oath any of the petitioners, remonstrants, or other persons touching the petition or application, and may make an order changing the name or dismissing the petition or application as the court may deem right and proper.

(c) This section shall become operative on September 1, 2018.

[About Hearings and Objections, Name Change California Laws~CCP 1278]

1278. (a) (1) Except as provided in subdivisions (c) and (d), the petition or application shall be heard at the time designated by the court, only if objections are filed by a person who can, in those objections, show to the court good cause against the change of name. At the hearing, the court may examine on oath any of the petitioners, remonstrants, or other persons touching the petition or application, and may make an order changing the name, or dismissing the petition or application, as the court may seem right and proper.

(2) If no objection is filed at least two court days before the date set for hearing, the court may, without hearing, enter the order that the change of name is granted. If the petition seeks to conform the petitioner’s name to the petitioner’s gender identity and no objection is timely filed, the court shall grant the petition without a hearing.

(b) If 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, stalking, sexual assault, or gender identity in the petition are false.

[About 1-Parent Petitions for Minor Child, Name Change California Laws~CCP 1278.5]

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 consent, 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.

[About Criminal History Assessment, Name Change California Laws~CCP 1279.5]

1279.5. (a) Except as provided in subdivision (e) or (f), this title does not abrogate the common law right of a person to change his or her name.

(b) A person under the jurisdiction of the Department of Corrections and Rehabilitation or sentenced to county jail has the right to petition the court to obtain a name or gender change pursuant to this title or Article 7 (commencing with Section 103425) of Chapter 11 of Part 1 of Division 102 of the Health and Safety Code.

(c) A person under the jurisdiction of the Department of Corrections and Rehabilitation shall provide a copy of the petition for a name change to the department, in a manner prescribed by the department, at the time the petition is filed. A person sentenced to county jail shall provide a copy of the petition for name change to the sheriff’s department, in a manner prescribed by the department, at the time the petition is filed.

(d) In all documentation of a person under the jurisdiction of the Department of Corrections and Rehabilitation or imprisoned within a county jail, the new name of a person who obtains a name change shall be used, and prior names shall be listed as an alias.

(e) Notwithstanding any other law, a court shall deny a petition for a name change pursuant to this title 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 petition and that doing so will not adversely affect the public safety. If a petition 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.

(f) 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 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 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 petitioner is required to register as a sex offender pursuant to Section 290 of the Penal Code.

[About Discrimination Related to Name Change Issues, Name Change California Laws~CCP 1279.6]

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 person, or refuse to provide the service to a person, regardless of the person’s marital status, because he or she has chosen to use or regularly uses his or her birth name, former name, or name adopted upon solemnization of marriage or registration of domestic partnership.(b) Impose, as a condition of doing business with a person, or as a condition of providing the service to a person, a requirement that the person, regardless of his or her marital status, use a name other than his or her birth name, former name, or name adopted upon solemnization of marriage or registration of domestic partnership, if the person has chosen to use or regularly uses that name.

[Name Change California Laws~CCP 1275-1279.6 Abridged]

You can read the Name Change California Laws in their entirety, within the California Code of Civil Procedure. EZ Name Change Customers have shown interest in the sections printed above, over time. Our Customers have not asked, as often, about the omitted sections of the Name Change California Laws. Upon request, EZ Name Change sometimes, upon request or when deemed useful, provides customers with a full copy of the Name Change California Laws. EZ Name Change is not a law firm, does not have attorney employees, and does not provide legal opinions. Rather, EZ Name Change is a Registered and Bonded Legal Document Assistant and relates to the Name Change California Laws from that perspective. Contact Us Anytime, if you would like us to email you a complete copy of the Name Change California Laws or have other questions.

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