California Courts of Appeal, 1950

In re Smulevitz

In re Smulevitz
California Courts of Appeal · Decided December 8, 1950 · Vallée
101 Cal. App. 2d 70; 224 P.2d 911; 1950 Cal. App. LEXIS 1076

In re Smulevitz

Opinion of the Court

VALLÉE, J.

Appeal by petitioners from a minute order denying their petition for change of name.

The ground on which the petition was denied was that petitioners had not resided within the state for at least one year prior to the filing of the petition. In Turesky v. Superior Court, 97 Cal.App.2d 838 [218 P.2d 784], it was held that the refusal to grant a change of name on that ground is arbitrary, without warrant of law, and an abuse of discretion.

On the authority of the Turesky case, the order denying the petition is reversed.

Shinn, P. J., and Wood (Parker), J., concurred.

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