In re Harper CA5

FACTS

Harper is an inmate in the California Department of Corrections and Rehabilitation. He was previously involved in a prison incident that negatively associated his name in the minds of other prisoners. Desiring to change his name, Harper filed a Petition for Change of Name in the superior court.1 Pursuant to Code of Civil Procedure, section 1277, subdivision (a)(2),2 Harper was required to publish the trial court’s order to show cause for the name change in a newspaper of general circulation in Kings County. Such a newspaper existed and required $222.50 to publish the order to show cause. Harper claimed he was indigent and thus unable to produce this sum. He argued, nevertheless, that the court had discretion to and should apply the provision that allows publication by clerk’s posting when a county has no newspaper of general circulation. (Ibid.) Ultimately, the trial court denied Harper’s petition because it determined it lacked discretion to permit publication of the order to show cause via clerk’s posting when a newspaper of general circulation exists.

The procedure for changing one’s name is set forth in Code of Civil Procedure section 1277, subdivision (a)(1), which…