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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.

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Case Number

test12345

Case Type

Civil Law & Motion

Hearing Date / Time

Thu, 06/22/2023 - 12:11

Nature of Proceedings

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Tentative Ruling

Posted Probate Notes:  

Supplements/corrections submitted after Monday, June 19, 2023, at 5pm will not be considered for the June 22, 2023, hearing (Local Rule 1721(c)(2)(2)).  If deficiencies cannot be cured by that date, a continuance must be secured pursuant to Local Rule 1722(a)(1). Deficiencies must be corrected, or a continuance secured prior to hearing, or an appearance is required. 

Supplement re: Bond. Sufficiency of the bond must be addressed. (See Local Rule 1714 (f)(6).) Here, per local rule, the petition must provide a statement addressing the bond. The statement must address whether the amount currently set at is sufficient, the need to increase/decrease, or that bond was never required, etc.  

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Notes to Judge:  

Trustee fees: $39,641.97 

Attorney fees: $2,000.00 

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Notes to Clerk:  

 NONE 

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MEMORANDUM 

CURRENT ​☒​ PREVIOUS ​☐​ 

Petitioner: 

Bank of America 

Relationship to Settlor(s): Trustee 

Relief  

Requested: 

​​☒​ Approval of Accounting 

​​☒​ Petition for Allowance of Fees 

NOTE: Even when an Accounting does not ask for specific relief:  (PC § 1064(b)) “The filing of an account shall be deemed to include a petition requesting its approval, and may include additional petitions for authorization, instruction or confirmation authorized by the code, including, but not limited to, a request for an order for compensation of the fiduciary and the attorney for the fiduciary.” 

Notice: 

​​☒​ At least 30 days before hearing (Prob. Code, § 17203) 

Accounting Period: 

PC § 1061(a) 

February 01, 2022 – January 31, 2023 

Issues with Merits: 

None 

Assets on Hand at End of Last Account: 

$ 4,3I0,776.I8 

Assets on Hand at End of This Account: 

$4,187,260.66 

Bond: 

Sufficiency of the bond must be addressed. (See Local Rule 1714 (f)(6).) – see above note.  

Trustee Fee: 

Fees Requested: $39,641.97 

Section 17200, subdivision (b)(9) requires that probate courts review the reasonableness of a trustee's compensation. When “presented with a section 17200 petition to settle an account, ‘the probate court has a duty imposed by law to inquire into the prudence of the trustee's administration.’ [Citations.]” (Conservatorship of Moore (2015) 240 Cal.App.4th 1101, 1111 [citing (Schwartz v. Labow (2008) 164 Cal.App.4th 417, 427].) 

Trustee fee awards are analyzed pursuant to the factors listed in CRC, Rule 7.776.  As such, trustees must submit documentation of the hours spent, nature of work performed, rate charged, etc. 

Attorney 

Fees: 

Fees Requested: $2,000.00 

No CRC governs attorney compensation in trusts.  However, the Court can likely rely on the same factors in CRC, Rule 7.776 that govern compensation of trustees. 

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