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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.

Conservatorship of Edith Edward

Case Number

22PR00181

Case Type

Conservatorship

Hearing Date / Time

Wed, 06/12/2024 - 08:30

Nature of Proceedings

1st Accounting and Report; 2nd and Final Accounting and Report

Tentative Ruling

Probate Notes:

Appearances required.

After review of the supplement and financial documents filed on April 2, 2024, the following is noted for the Court at the hearing:

OSC re: Sanctions for Failure to File Accounting

The First Account and Report of Conservator was set for hearing on October 18, 2023, by the Conservatorship Compliance Order that was issued on August 3, 2022.  The Conservatee died before the first accounting.

The death of the conservatee spawned an Order to File Final Accounting by this Court, which was issued on January 18, 2023.  That order set the Final Accounting date for March 29, 2023.  After three hearings over several months, the Court issued an OSC re: Sanctions for the conservator’s failure to file a final accounting. The final accounting was finally submitted on October 3, 2023, but the OSC was never discharged.

The Court issued sanctions of $1,000 at the hearing on April 24, 2024, but stayed enforcement until this hearing.  It is recommended the Court enforce sanctions of $1,000 for failure to timely file the Final Accountings and respond to the posted probate notes related to discrepancies within those accountings.

First Accounting

The following are noted updates to the original posted notes:

  1. Account statements. (Prob. Code, § 2620; Local Rule 1743.)  The Final Inventory and Appraisal shows $544,249.47 was marshaled as of the date of appointment of the conservator, of which $219,249.47 was cash or securities spread over several accounts.  The account statements do not reflect the balances in the Final Inventory and Appraisal, nor do they reflect the balances listed on hand at the end of the accountings.  Thus, the statements do not report the accurate amount on hand at the beginning of the accounting period. The supplement does not cure this defect.
  1. A supplement was required that describes the sale of the PS Business Parks Inc. shares, in particular whether the proceeds of those shares were deposited into a conservatorship account or disbursed. If disbursed, the conservator was required to identify the distributee and the purpose of the distribution. (Prob. Code, § 1064, subd. (a)(1)-(2).)  In response, the supplement claim that the inadequate description was sufficient. This does not meet the requirements of the Probate Code, and are subject to surcharge of the entire value of the shares ($30,810).
  1. A supplement was required that addresses the transactions labeled “required minimum distribution” dated 9/9/22 and 10/21/22. Schedule C indicates these funds were transferred to the conservatorship account ending in 2816. If these funds were not distributed from the conservatorship estate, the transaction should be reported on a Change of Asset form, which would necessitate an amended accounting.  The Supplement claims the $7,043.90 transfer was to the joint account of the conservator and conservatee. This is sufficient to resolve this defect.

Second Accounting
 

The following are noted updates to the original posted notes:

  1. Account statements. (Prob. Code, § 2620; Local Rule 1743.) The account statements do not reflect the balances in the Property on Hand at Beginning of Account, nor do they reflect the balances listed on hand at the end of the accountings, because there are no statements past the date the second accounting period started.  Thus, the statements do not report the accurate amount on hand at the beginning of the accounting period. The supplement does not cure this defect.
  1. Proof of payment of the court investigator’s fees. (See 6/6/22 Order.)  This was sufficiently resolved by reference to the court’s financial records. However, payment was late and not sufficiently proven in the supplement. Sanctions are warranted but not recommended.
  2. The second period of account reports the distribution of the entire account to Thomas Edwards. The supplement claims Mr. Edwards had authority to distribute these funds to himself. This is correct, but only after the final accounting is approved.

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