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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 Rosalia Rodriguez Gauna

Case Number

24PR00429

Case Type

Decedent's Estate

Hearing Date / Time

Tue, 05/20/2025 - 09:00

Nature of Proceedings

Petition for Letters of Special Administration

Tentative Ruling

Probate Notes:

On October 22, 2024, Gilbert R. Gauna was appointed Personal Representative over this estate. The Order for Probate finds the Decedent died intestate, as no will was presented for admission to probate.  Mr. Gauna has not been removed. 

On March 18, 2025, Thomas R. Gauna filed a Petition for Special Letters of Administration.  Thomas requests special letters to do the following:

  1. “To lodge Decedent’s holographic will into the probate system for approval.”
  2. “To be able to halt the sale of my home which is about to close escrow, considering I am the only beneficiary and I plan to live in the house as our mother wished.”
  3. “To return to my home to live in as our mother wished after being evicted on March 11, 2025, and have been left homeless.”

(Pet. for Spec. Ltr., dgtl. p. 12.)

On April 21, 2025, Gilbert R. Gauna filed an answer to the petition of Thomas R. Gauna, and objection to the appointment of Thomas as special administrator.  The objection places this matter at issue, requiring Evidentiary Hearing to resolve. (In re Estate of Lensch (2009) 177 Cal.App.4th 667, 676; Conservatorship of Farrant (2021) 67 Cal.App.5th 370, 377.)

Despite the matter needing evidentiary hearing to resolve, the following procedural problems with Thomas’ petition must be remedied before the evidentiary hearing can be set:

Proof of Publication.  Because Petitioner seeks general powers and the admission of a previously unpresented will, publication is required.  Jurisdiction of the Probate Court is obtained by publication in accordance with Article 3 of Division 7, Part 2, Chapter 2 Probate Code.  (Prob. Code, § 8003(b).)

Publication requires the notice to be published in a newspaper adjudicated as a newspaper of general circulation in the city of decedent’s residence (Prob. Code, §§ 8121, 7122) and to contain the substantially same language and format shown in Probate Code section 8100.  If the city of decedent’s residence has no newspaper adjudicated as a newspaper of general circulation, publication must occur “in a newspaper of general circulation in the county which is circulated within the area of the county in which the decedent resided or the property is located.” (Prob. Code, §8121(b).)

Proof of Service of Notice of Hearing (Form DE-121).  Notice must be given 15 days prior to hearing, served on all known heirs and devisees, as well as on the Personal Representative (if not the petitioner) and special notice requestors.  (Prob. Code, §§ 8100 & 8110.) Notice must be sent to the person, not the person’s representative. (§1220.)  No such document was filed.

Original Will.  An original will and any codicil to that will must be lodged with the Court. (Prob. Code, §§ 8200, et seq.)  It is insufficient to attach a copy of the will to the petition without lodging the original.  It is insufficient to submit a copy of the will as the original, as was done in this case on March 18, 2025. It is obvious the lodged will is a copy, because it was photocopied from a much smaller “note” format to a letter sized format.  The original must be lodged.

Proof of Holographic Instrument (Form DE-135). The petition requests a holographic will be admitted to probate.  All holographic instruments must be proven by submission of evidence that that the holographic instrument is in fact in the testator’s handwriting. (Prob. Code, §§ 88, 6110, 8222.) Form DE-135 must be used to do so.

Appearances:

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

Meeting ID: 160 543 3416

Passcode: 5053334

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