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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.

Guardianship of Max Edward Lopez

Case Number

22PR00159

Case Type

Guardianship - Person

Hearing Date / Time

Mon, 06/17/2024 - 08:30

Nature of Proceedings

1st Accounting & Report of Guardian

Tentative Ruling

Probate Notes:

Personal Appearances of the Ward and Guardian are required.  NO REMOTE (I.E., ZOOM) APPEARANCES ALLOWED.  The following is noted for the Court:

Donna Michelle Flores was appointed Guardian of this ward’s estate on March 13, 2023.  On March 29, 2023, the Court issued an Order to Deposit Funds in a Blocked Account (MC-355) that did not contain a stated amount at paragraph 4 of the order, as is usually done in the common practice of issuing these orders.

A Guardianship Compliance Order was filed on March 14, 2023, which required the Guardian to file an Inventory and Appraisal, and Notice of How to Object to that Inventory and Appraisal.  That order set a Compliance Hearing on June 17, 2023.  On May 8, 2023, the Inventory and Appraisal was filed, listing $6,875.99 in assets, all cash and on deposit with the same bank in two separate accounts.

At the June 17, 2023, Compliance Hearing the Guardian appeared and informed the Court that all money from the estate had been withdrawn and spent on the purchase of a vehicle for the Ward.  The Court expressed displeasure with that report, and informed the Guardian that an Order to Show Cause re: Surcharge would be issued, and ordered said OSC to issue.  However, no OSC was filed or sent to the Guardian.

This hearing was also set by the Guardianship Compliance Order as a First Account and Report of the Guardianship Estate.  No Accounting is on file.  Instead, Guardian filed a Request for Waiver of Accounting on June 5, 2024, due to the estate no longer containing any property.  This request should be denied.

“The relationship of guardian and ward and of conservator and conservatee is a fiduciary relationship that is governed by the law of trusts, except as provided in this division.” (Prob. Code, § 2101.)  Thus, all trustee duties are applicable to guardians.  By withdrawing the money from the two accounts listed on the Inventory and Appraisal, the Guardian not only violated the Order to Deposit Funds in a Blocked Account, but also could have breached the following fiduciary duties:

    • Duty to make estate property productive (§16007)
    • Duty to preserve estate property (Prob. Code, §16006)
    • Duty to avoid comingling estate with non-estate property (§16009)

Accordingly, it is recommended the Court surcharge the Guardian the full amount withdrawn from the estate.

Appearances:

The court is open to the public for court business. The court is also conducting hearings via Zoom videoconference.

Meeting ID: 161 797 5412

Passcode: 8749009

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