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Fraud Alert: Scam Text Messages Claiming DMV Penalties -

We have been made aware of fraudulent text messages being sent to individuals claiming to be from the Department of Motor Vehicles (DMV) or the court system. These messages often state that the recipient owes penalties or fees related to traffic violations or DMV infractions and may include a link or phone number to resolve the matter. 

Take these steps to reduce the chances of falling victim to a text message scam:

  • Never respond to unsolicited or suspicious texts — If you receive a message asking for personal or financial information, do not reply.
  • Verify the source — If you are unsure, always contact the DMV through official channels.
  • Call the DMV if you have concerns — The DMV customer service team is available to help you at 800-777-0133.

Please see DMV warning about fraudulent texts: https://www.dmv.ca.gov/portal/news-and-media/dmv-warns-of-fraudulent-te…

Jury Scam alert -

The Santa Barbara Superior Court has received complaints about individuals trying to scam members of the public by pretending to be court officers or officials. The Jury Services office of the Santa Barbara Superior Court does not call citizens to request payments for failing to appear for jury duty. California law does not permit citizens to pay a fine in lieu of jury duty. If you receive such a call simply hang up and, if the scammer persists, call your local law enforcement agency. Learn more about the recent scam warning.

Notice to Jurors:

Prospective jurors summoned for jury service can expect to receive their jury summons in postcard form. Please check your mail for a postcard with important instructions to fulfil your jury service. Visit the Jury Services page for more information.

Estate of Jesus Hernandez

Case Number

19PR00597

Case Type

Decedent's Estate

Hearing Date / Time

Tue, 03/26/2024 - 09:00

Nature of Proceedings

Petition for Approval of Transfer of Beneficial Interest

Tentative Ruling

Probate Notes:

Appearance required. After review of the Declaration filed on March 4, 2024, the following is noted for the court at the hearing:

Petition Untimely.  There is no procedure authorized in Division 7, Part 10, Chapter 1 of the Probate Code for a petition seeking mere approval of the agreement to transfer the beneficial interest of an estate, absent an accompanying petition for distribution.  Petitions for the approval of a transfer of a beneficial interest in an estate distribution may only be made if accompanying a request for preliminary distribution or final distribution. (Prob. Code, §§11600 [“The personal representative or an interested person may petition the court under this chapter for an order for preliminary or final distribution of the decedent’s estate to the persons entitled thereto.”], 11604.)  [“This section applies where distribution is to be made to any of the following persons:”.] 

This requirement exists, because the Court must determine the reasonableness and equity of the assignment, and cannot do so without evidence of the specific nature of the property the assignee assigned to the third party stranger to the estate.  The specific inventory of the estate is usually not known until a later time (usually time for final distribution).  Therefore, it is recommended the Court strike this petition as not filed in conformity with the laws of this state (CCP, §436(b)), or take the matter off calendar until a petition for preliminary or final distribution is filed.
 

Proof of Personal Service of Notice of Hearing (Form DE-120 & 120(P)).  Notice on “[t]he transferee of a beneficiary” and “[a]ny person other than a beneficiary under an agreement, request, or instructions of a beneficiary or the attorney in fact of a beneficiary” is governed by Probate Code section 11604(a, d).  This means that notice of the hearing on the persons above must be provided in the “in the manner provided in Section 415.10 or 415.30 of the Code of Civil Procedure.”  Thus, Petitioner must personally serve the above persons (using DE-120(P) for Proof of Service) or serve those persons via mail with a notice and acknowledgment returned.

Proof of Mailed Service of Notice of Hearing (Form DE-120).  Notice of the hearing to all other interested persons shall be given as provided in Section 1220 (notice, no copy of the petition required, at least 15 days before hearing) to (a) Each person listed in Section 1220 (Personal Rep. and Special Notice requesters); (b) Each known heir whose interest in the estate would be affected by the petition; (c) Each known devisee whose interest in the estate would be affected by the petition; and (d) The Attorney General, at the office of the Attorney General; if any portion of the estate is to escheat. Notice must be sent to the person, not the person’s representative. (§1220.)  No such document was filed.

PLEASE NOTE: The proof of service attached to the petition is insufficient.

Supplement re: sufficient evidence.  Because the Court must inquire into the circumstances of the agreement sought to be approved, in order to determine if the agreement is just and equitable, Petitioner must submit sufficient evidence to identify the fees, charges, or consideration paid or agreed to be paid by a beneficiary and that the transfer, agreement, request, or instructions were not obtained by duress, fraud, or undue influence.  (Prob. Code, §11604(b-c).)  Neither the petition on file, nor the Declaration filed on March 4th, contains a document of the actual agreement…both only contain a document referencing the actual agreement.

Thus even if the petition was timely, the petition must be supplemented with facts the court can rely upon to find just and equitable terms.

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