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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 Armondo J. Mendoza

Case Number

24PR00341

Case Type

Decedent's Estate

Hearing Date / Time

Wed, 12/11/2024 - 08:30

Nature of Proceedings

Petition for Letters Administration

Tentative Ruling

Probate Notes:

Appearances required.

The following must be submitted:

Further briefing.  Further briefing must be submitted addressing the following:

  1. Standing.  Petitioner is a lender that loaned what appears to be $5,000 and $20,000 to the surviving spouse of the Decedent in exchange for assignment of a payment of $9,900 and $36,000 from the surviving spouse’s share of the final distribution of the estate. Therefore, petitioner is not a creditor of the estate, and meets no definition of “interested person” in  Probate Code sections 48 and 8000.  Further briefing is required to show how Petitioner has standing to petition and be appointed the personal representative in this case.
  1. Validity of Assignment.  The Court will also review whether the assignment to Probate Advance, LLC meets the procedural requirements of Probate Code section 11604.5, subdivision (d), and whether the assignment was “grossly unreasonable” pursuant to subdivision (h)(1).  Petitioner must file further briefing explaining how the requirements of subdivision (d) were met, and why the Court should not find the assignment of $9,900 and $36,000 in exchange $5,000 and $20,000 are not grossly unreasonable loans.  Further briefing must discuss how the choice of law clause designating NY law should not be viewed as a void-as-against-public-policy attempt to circumvent California law.

In addition to further briefing, the following procedural defects must be corrected:

Nomination of Administrator.  Petitioner does not have priority of administration over Decedent’s spouse and children pursuant to Probate Code section 8461. Please submit a nomination from all those with equal or greater priority. A written declination must be filed by or on behalf of an individual who is entitled to priority for issuance of Letters of administration but does not desire to act, or evidence must be produced that the person with priority is not competent under Probate Code section 8402 or refuses to act. (Local Rule 1752(d)1.)

Supplement re: Probate vs. Spousal Property Petition.  The petition requests probate of a Decedent’s estate who left a surviving spouse.  Petitioner must submit supplement explaining why probate of this estate is favorable over the following procedures:

  • Spousal or Domestic Partner Property Petition (form DE-221)
  • Affidavit for Disposition of Community Property Real Estate (Probate Code 13540-13541)
  • Disposition of Community Property Securities (Probate Code 13545)
  • Affidavit for Collection of Compensation Owed to Deceased Spouse or Registered Domestic Partner (Probate Code 13600)

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: 161 956 1423

Passcode: 137305

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