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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 Raymundo Daniel Rosas-Espinosa

Case Number

24PR00581

Case Type

Determine Succession to Real Property

Hearing Date / Time

Wed, 11/20/2024 - 08:30

Nature of Proceedings

Petition to Determine Succession to Real Property

Tentative Ruling

Probate Notes:

Appearances required.

The following is noted for the Court:

DENIAL recommended.  The Petition is recommended for DENIAL as an improper use of the Probate Code section 13150 procedure.  The procedure located at Probate Code section 13150 et seq. is a procedure related to determining the succession to real property.  While the right to succession to personal property may be an ancillary finding as authorized by Probate Code section 13151, it is ONLY ancillary to a request to determine the succession to real property:

A petition under this chapter may include an additional request that the court make an order determining that the petitioner has succeeded to personal property described in the petition.

(Prob. Code, §13151 [emphasis added].)  Thus, a petition under that section that does not include a determination to succession of real property, cannot contain solely a request for the succession to personal property, and must be denied.

A commonly referenced treatise by the Continuing Education of the Bar confirms this outcome:

Use of the Judicial Council form Petition to Determine Succession to Real Property (Judicial Council Form DE-310) is mandatory. See §3.41 for form. The form contains the allegations required by Prob C §13152 and most items in the form are clear. However, the authors call the attorney’s attention to the following:

Although this procedure cannot be used to determine succession solely to personal property, it may be used to determine succession to both real and personal property. Prob C §13151.

(California Decedent Estate Practice (CEB 2024), §3.38 “Preparing Petition.”)

Therefore, DENIAL is recommended for the above and following additional reasons:

Standing defects.  Every person to whom the interest passes must either join in the petition or disclaim their interest. (Prob. Code, § 13152; Pet. at ¶12, Prop. Ord., at ¶9.)  It appears only Daniel Raymundo Rosas Uribe is the petitioner, and no one has disclaimed any interest in the subject property.

No Inventory and Appraisal on Judicial Council Form.  Inventory and Appraisal must be signed by the Probate Referee (Prob. Code, § 13152, and the date of death value of all CA property must equal $166,250 or less.  If property value higher, probate must be sought unless any property can be excluded under Prob. Code, § 13152.

No Verification by all parties.  Verification of the petition must be given by all parties.  Since the petition was not brought by all those alleged to take, verification of only the sole petitioner was given.

No Proof of Service of Notice. A proof of service must be submitted showing all persons named in the petition were served 15 days’ notice of the hearing date, and the notice was timely filed. (Prob. Code, §§ 13152, 1020 [all heirs/beneficiaries, guardian or conservator of the estate at time of death, executor named in will].) 

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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