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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 William H Harmon

Case Number

24PR00509

Case Type

Spousal Property

Hearing Date / Time

Tue, 10/22/2024 - 09:00

Nature of Proceedings

Petition for Spousal Property

Tentative Ruling

Probate Notes:

Appearances required.

The following must be submitted before the hearing:

Supplement containing further briefing.  A supplement to the petition must be filed with additional allegations, and a Memorandum of Points and Authorities addressing how this court has authority to issue an order that divests title in real property that is currently vested in a trust, using the Spousal Property Petition procedure in Probate Code section 13650 et seq., when that procedure only allows this Court to confirm or determine a title to property held in decedent’s name either passed to the decedent’s spouse, or was already owned by the spouse under community property law as outlined in the Family Code and Probate Code section 100 et seq.

From the allegations in the petition, and the supporting documents attached to the petition, it does not appear this Court has authority to grant the petition.  According to the facts alleged in the petition, and officially recorded documents, title to 306 S. Scott Drive, Santa Maria, CA is currently held in the name of the Colleen Sternjacob as trustee of the Mildred S. Harman Trust.  Thus, before this Court can make any order transferring title to the subject property via a Spousal Property Petition, a proper procedure must be employed to take title out of the trust and place title in the name of the Decedent.­­

Stated in more simple terms, the Court cannot skip a procedure required by the language of the trust, and trust law firmly governed by the Probate Code, to divest title from the trustee of the trust and vest title in the name of the surviving spouse.

The supplement must also address the following factual gaps in the allegations:

  • Date and place of marriage (Local Rule 1761, subd. (a))
  • 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.)

Proposed Order. A proposed order using Judicial Council Form DE-226 must be filed (Local Rule 1724, subd. (b)) that includes 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)).  This was done in the petition, but not in the proposed order.

If the documents curing these deficiencies are not processed by 8:00 a.m. on October 21, 2024, it is recommended that the matter be DENIED for the reasons stated above.

 

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: 160 543 3416

Passcode: 5053334

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