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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:

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

Jury Scam alert -

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Estate of Enrique Mendoza Hernandez

Case Number

24PR00317

Case Type

Spousal Property

Hearing Date / Time

Mon, 06/24/2024 - 08:30

Nature of Proceedings

Petition: Spousal Property

Tentative Ruling

Probate Notes:

The following must be submitted:

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 Died Testate: Copy of the will and any codicil “shall” be attached.  (PC § 13651, subd. (b).)
  • 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, which REQUIRES THE COPY OF A DEED:

  • 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))

Amended Petition. A spousal property petition contains only two primary requests for relief.  First, is to determine that the deceased spouse’s share of the community property passes to the surviving spouse.  The second is for the Court to confirm the surviving spouse owns the surviving spouse’s rightful share of the community property.

On the mandatory Judicial Council form, in order to properly request the first relief (i.e. determine), petitioner would check paragraph 1a on the petition, and also check paragraph 7a, as well as include the required information attached as attachment 7a.  The proposed order would then be checked at paragraph 5a.

On the mandatory Judicial Council form, in order to properly request the second relief (i.e. confirm), petitioner would check paragraph 1b on the petition, and also check paragraph 7b, as well as include the required information attached as attachment 7b. The proposed order would then be checked at paragraph 7a.

THE RELIEF INDICATED IN THE PROPOSED ORDER MUST MATCH THE RELIEF REQUESTED IN THE PETITION.

In this case, the proposed order indicates that the petitioner desires only confirmation, and not determination (i.e. only paragraph 7a was checked).  But the petition only indicates that the relief requested is determination, because only paragraph 1a and 7a were checked. (i.e. confirmation paragraphs 1b and 7b were left blank.)

The court cannot approve the proposed order as presented, because signing the proposed order would be granting relief that was not requested.

Proposed Order. A proposed order using Judicial Council Form DE-226 that conforms to the relief requested. (Local Rule 1724, subd. (b).)

If the documents curing these deficiencies are not processed by 8:00 a.m. on June 21, 2024, it is recommended that the matter be continued to a date to be set by the Court at the hearing, unless the party appears and requests a different date, or submits a request for a different continuance date prior to the hearing. (Local Rule 1721(c)(2)(A-B).) If the matter is continued, documents must be submitted at least 10 days prior to the new hearing date to be considered.

 

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).

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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