Shelly
Shelly v. Superior Court CA4/1
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].)