Shelly

Shelly v. Superior Court CA4/1

Good Law
Court of Appeal of CaliforniaFebruary 10, 2015D065580California931 words

Opinion

Opinion

Rourke, J.

BACKGROUND

On November 19, 2013, Daniel Patrick Shelley petitioned the superior court to

change his name to "Daniel Hector MacKinnon," asserting his great-great-grandfather

was named Hector MacKinnon and he likes that name more than his own. The superior

court set a hearing for January 10, 2014, directing all persons objecting to the name change to file written objections and appear on that date. On the day set for the hearing,

the court did not conduct a hearing, but issued a minute order denying Shelley's petition,

stating the court "is not at liberty to disclose the reasons for the denial. The Court advises

petitioner that he may wish to speak to an attorney." No written objections appear in the

record. Shelley appeals, contending the court abused its discretion by denying his

petition without stating its reasons. We agree.

DISCUSSION

The standard governing our review of a court's denial of a name change petition is

abuse of discretion. (In re Ross (1937) 8 Cal.2d 608, 610 [concluding the court abused

its discretion in denying petition for name change because there was no substantial reason

for the denial].)

The court is not required to approve every…

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