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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 Joanne Bentley

Case Number

24PR00110

Case Type

Decedent's Estate

Hearing Date / Time

Mon, 04/15/2024 - 08:30

Nature of Proceedings

Spousal Property Petition

Tentative Ruling

Probate Notes:

Appearances required.  The following must be submitted:

Proof of Timely Mailed Service. Service of Notice of Hearing (form DE-120) and a copy of the petition must be given 15 days prior to hearing (Prob. Code, §§ 13655 &1220), and must be served on all heirs, devisees, trustee (Id. at subd. (a)(2)), and any named executor in a decedent’s will (Prob. Code, §13651(a)(5)).  The Decedent appears to have left three surviving issue, none of which received notice.

Supplement/Declaration of Facts.  A supplement to the petition alleging facts that should have been alleged in attachment 7:

  • Facts necessary to determine the county in which the estate of the deceased spouse may be administered.  (Date and place of death, domicile/residence at time of death, etc.) (PC § 13652, subd. (a)(1))
  • Date and place of marriage (Local Rule 1761, subd. (a))
  • Whether decedent owned any real and personal property on date of marriage, and if so, a description and approximation of values (Ibid.)
  • For each asset for which a determination that it pass or be confirmed to the surviving spouse, a description of the manner in which the asset was acquired by decedent, including source of funds or loans, title to asset, etc. (Ibid.)
  • Any additional facts upon which the claim that property is community or quasi-community property is based. (Ibid.)
  • Name, age, address, and relation to the deceased spouse of heir/devisee (PC § 13651, subd. (a)(5).)
  • Names and addresses of all known persons named as executors and or appointed Personal Representatives.  (PC § 13651, subd. (a)(5).)
  • If Decedent and spouse had a written, non pro rata agreement: Copy of the agreement “shall” be attached.  (PC § 13651, subd. (c).)
  • If Decedent Died Intestate: 1) facts upon which the petitioner bases the allegations that all or part of the estate of deceased spouse is property passing to the surviving spouse, AND 2) a description of any interest in the community property or quasi-community property, or both, which the petitioner requests the court to confirm to the surviving spouse as belonging to the surviving spouse pursuant to § 100 or 101 (PC § 13651, subd. (a)(3)-(a)(4).)

Supplement re: Property Description.  A supplement to the petition must be submitted that alleges sufficient facts to describe the property:

  • Allegations must “list and describe in detail the property to be distributed, in the body of the petition or in an attachment that is incorporated in the petition by reference.”  (CRC, Rule 7.651, subd. (a))
  • Allegations include the amount of cash on hand (CRC, Rule 7.651, subd. (b)(1))
  • Allegations state whether promissory notes are secured or unsecured, and describe in detail the security interest of any secured notes (CRC, Rule 7.651, subd. (b)(2))
  • Allegations include the complete legal description, street address (if any), and assessor's parcel number (if any) of real property CRC, Rule 7.651, subd. (b)(3))
  • Allegations include the complete description of each individual security held in "street name" in security brokers' accounts (CRC, Rule 7.651, subd. (b)(4))
  • Allegations include the character of the property to be distributed (e.g. separate, community, or quasi-community) (CRC, Rule 7.652, subd. (a)(1); see also PC § 8850)
  • IF community/quasi-community property is to be distributed, allegations include whether or not property is the decedent's one-half interest only, or the entire interest of the decedent and the decedent's spouse (CRC, Rule 7.652, subd. (a)(2))

THESE REQUIREMENTS MANDATE A RECORDED DEED BE SUBMITTED.  The deed may be attached to the supplement.

Due to staffing limitations, processing times may be delayed. To assist in processing, attorneys and parties should include the next court date in the “Filing Description” field provided by the electronic service provider. That field is also used for further descriptions of the document being e-filed, so be sure to put the calendar date FIRST in the field – BEFORE any further description of the document being e-filed (e.g.: 06/28/16 For XYZ).

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