can he request to present his case over the phone under the SCRA law?
also, can anyone tell me the procedure to file a written objection to the proposed name change?? i thought he could just send a notarized letter, but no one at the court house will tell me if that's the way to do it.
He can always request to "appear" over the telephone but it is up to the court, and California statute, as to whether his request would be granted. This has nothing to do with the SCRA. You can call the court to ask, or you may want to post this question in a 'Civil Law' forum where you are more likely to find a California practitioner. Generally, however, courts will not allow you to do business over the telephone.
As to "filing an objection", I think once again you would be best off posting in a forum where you'd more likely get a response from an actual California practitioner. Different jurisdictions have different rules. Frequently, you must not only provide a copy of your written objection to the court but you must also have it "served" upon the other parties. Then you have worry about proper "service" is. It is by far the best to use any standard forms and/or procedures used by that particular court.
Read section 202 of the SCRA carefully. You only qualify for a continuance under the SCRA if the military will not give you leave to deal with the legal issue. Military policy is to allow leave whenever possible to allow servicemembers to attend to legal problems. The CO will have to provide a letter stating that the servicemember will not be allowed to take leave, time off, etc. Most people in the military, even overseas, will not qualify! (combat zones being a notable exception). Indeed, if the military will allow you to "go in the hole" on leave (i.e. take leave before it is even earned) you must do that. For example, on Guam people would routinely come into legal to get their "letter from the CO" only to be told -- "No letter. You can take leave." People would be p***ed off, saying "You mean I have to take two weeks leave and buy plane tickets to go back and do this crap?" Simple answer "Yes." The SCRA is not there for the 'convenience' of the service member, it is to protect them when it is 'impossible' for them get away.
