Blog
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The Other da Vinci Code
Artist-inventor Leonardo da Vinci was born out of wedlock to Ser Piero da Vinci, a Notary, and a peasant girl, Caterina, in 1542. Later in life he would safeguard his ideas with a special kind of shorthand he invented and by writing backwards; in order to read it the backward script the page would be held up to a mirror.
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Live Scan for Veterinary Licensing
The California Veterinary Medical Board now requires a Live Scan background check before issuing a license. Although Live Scan is not required for approval to take an examination or obtain intern/resident or reciprocity temporary license, the results from Live Scan must be received and reviewed prior to issuance of a license or registration.
Learn more about the requirements: https://www.vmb.ca.gov/applicants/liveinst.shtml
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Consular IDs
A California Notary may identify a person using their Consular ID (CID) or Foreign Passport (Bill 2566). Some governments issue a CID to their citizens who are living in other countries. A CID does not establish or prove residency. A foreign passport is acceptable as well and is not required to be stamped at entry by immigration services when used as ID for notarization.
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Adermatoglyphia
Almost every person is born with fingerprints, and everyone's are unique. But people with a rare disease known as adermatoglyphia do not have fingerprints from birth. Affecting only four known extended families worldwide, the condition is also called immigration-delay disease, since a lack of fingerprints makes it difficult for people to cross international borders.
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Interview in SDVoyager
I was honored to be interviewed about Moonlight’s sister business, Luna Live Scan + Notary, in the Hidden Gems section of SDVoyager.
Read the Interview: http://sdvoyager.com/interview/hidden-gems-meet-julie-miller-luna-live-scan-notary/
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FBI Channeler Services Available
Moonlight’s sister business, Luna Live Scan + Notary, is pleased to offer FBI Channeler services to expedite FBI criminal background records for security clearances, visa and travel requirements, adoptions or other needs. You can get your FBI criminal history record (Identity History Summary Report) in less than 24 hours. The Identity History Reports (PDF Version) are often available the same day.
Learn more: https://www.lunalivescan.com/index.php/fbi-channeler
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History's First Notary
Many regard history’s first Notary to be a Roman slave named Tiro, who developed a shorthand system which he called notae for taking down the speeches of the famed orator Cicero. Other witnessing stenographers came to be known as notarii and scribae. As literacy was not widespread, the Notary, or “Notarius” as they were called, served to prepare contracts, wills, and other important documents for a fee. As the Roman Empire grew and literacy increased, demand for the Notary also increased.
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November 7 is Notary Public Day!
The first Notary Public Day was celebrated on November 7, 1975, and created to “recognize notaries for their public service and their contributions to national and international commerce.”
The date of November 7 was chosen as Notary Public Day in recognition of the day that America's first notary, Thomas Fugill, was appointed. Fugill's appointment by the Colony of New Haven occurred on November 7, 1639!
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Notary Fact
California notaries may not use their personal knowledge to identify a signatory. Even if the notary is acquainted with the person signing the document, that person must still present a drivers' license or another official form of identification.
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Disposable Fingerprint Strips Now Available
Moonlight Mobile Notary now has one time use disposable ink pads for use with the elderly or other vulnerable people and upon request. These ink strips are protected by thin strips of plastic before use and produce excellent fingerprint images. An additional level of protection of protection for my customers during these trying times.
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There is No Notary Magic!
As a Notary Public, I constantly receive requests to notarize someone's Will. This is a dilemma for me because during my initial Notary training in 2002, an attorney said, "When asked to notarize a document that purports to be a Will, decline and refer them to seek advice from a member of the California State Bar." In 2020, I still agree. This is why, a real life example is the Estate of Saueressig (2006) 38 Cal.4th 1045. Sauerssig requested a notarization of his typed Will in 2000 and he gave copies of the Will to his executor. He died two years later in 2002. When the executor filed a petition to probate the will, the court denied the Will because it was not signed by two required witnesses. The Notary was considered a single witness. The case was brought to the California Supreme Court and was denied.
People constantly say to me, "I just want it to be more legitimate with a Notary seal." A notarization is not magic, it does not make a will less contestable. A Notary does not notarize documents, they verify the identity of the signers and notarize the signatures. I tell the caller, "please contact an attorney about the requirements for a Will in California, otherwise, it may be easily contestable."
California Probate Law has the following requirements for a Will:
- The author (or testator) must be at least 18 years old.
- There are two types of Wills:
- A holographic Will has been entirely handwritten and signed by the testator.
- The Will must be handwritten. After it is handwritten it is then called a holographic Will, dated and signed by the testator.
- A holographic Will does not have to be notarized or witnessed, but just have a signature.
- A drafted Will is when a testator types a will or has it prepared by someone else.
- The Will must be signed by the testator in the presence of no less than two people, who will also have to sign.
- The two witnesses must not be beneficiaries of the Will and have no financial interest.
- Witnesses must be over the age of 18
- A holographic Will has been entirely handwritten and signed by the testator.
Please seek the advise of an Attorney if you know that your Estate is complicated and involves assets over $150,000.
Contact me with other questions or if you'd like a referral to an Attorney.
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North County San Diego Spotlight: San Marcos
According to historical legends, in 1797 while pursuing some sheep rustlers, Spaniards from the nearby San Luis Rey Mission came upon a fertile valley. Since it was St. Marks day, they named the area Los Vallecitos de San Marcos (Little Valleys of Saint Mark). It wasn’t to the 1850s that Major Gustavus French Merriam made the first permanent settlement and began wine and honey production.
San Marcos is one of the many communities in North San Diego County that I bring my notary and Live Scan services to. Visit my FAQ page to see all the cities I visit.
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A Notary's Responsibility
A Notary in the State of California is commissioned to identify the person signing the document and notarizing their signature. We do not notarize documents, we notarize signatures. A California Notary (who is not an attorney) is not a licensed professional adviser and is not allowed to give legal advice otherwise known as the unauthorized practice of law (UPL). While the "practice of law" may be a broad and open definition, courts use one or more general tests as a guide to determine if someone is practicing law without being a licensed attorney.
Example: John Doe calls me and asks if I can notarize a Power of Attorney for his mother who's health is deteriorating and she can no longer take care of her finances. He has asked me to draft the Power of Attorney and if I am not able he has asked me to choose one for him.
First Test:
- Professional Judgement Test - Is John Doe asking me a question that requires specific knowledge of the law and is it related specifically to his case? Yes, as a California Notary, I am not allowed to draft a legal document, Power of Attorney, nor am I allowed to choose a Power of Attorney for him or sell a template of a POA to him. The legal verbiage contained within the document would be considered specific to his case. However, he can choose and complete a POA and complete himself withA out my advice or instruction.
I could also recommend that he call a licensed Attorney (preferred) and or contact the end user and find out if they will accept a do-it-yourself from an Office Supplies Store or other. - General Public or Personal - Is the service personal to the situation or is it public and common legal knowledge not applied to a specific person? There are several DIY books about Wills, however, they do not address a specific situation therefore passing the second test. In this situation, providing them with a POA form is specific to the situation and not allowed.
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North County San Diego Spotlight: Hidden Meadows
The first recorded title to the land that is now Hidden Meadows was issued to George C. Kuchel in 1882. They kept the property, which they called Big Rock Ranch, in the family until the 1940s. The land then passed through a series of owners during which time a golf course was built and surrounding lots were sold. It wasn’t until 1970, when the area was purchased Continental Heritage Corporation, that the area surrounding the club became known as Hidden Meadows.
Hidden Meadows is one of the many communities in North San Diego County that I bring my notary and Live Scan services to. Visit my FAQ page to see all the cities I visit.
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Background Checks for School Volunteers
If your school is looking for volunteers, and those volunteers need Live Scan background checks, let me come to your campus! Back-to-school nights, orientations, and parent-teacher conferences are a great time to encourage volunteer participation. Super convenient for your volunteers because they won’t have to travel to another site. Plus, I will offer you a reduced travel fee and a discount on each Live Scan done! Call me for details!
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A Domestic Partnership: An Alternative to Marriage
Heterosexual couples now have an alternative to marriage in California. California has recognized domestic partnerships since 2000. But the law only applied to same-sex couples who, at the time, were not allowed to get married. The law's goal was to give same-sex couples the same legal protections as marriage. Last July, Governor Gavin Newsom signed a law authored by San Francisco Democratic state Sen. Scott Wiener. California treats domestic partners and married people the same for tax purposes and offers the same rights, protections, and benefits.
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North County San Diego Spotlight: Olivenhain
The neighborhood of Olivenhain is located on the Rancho Las Encinitas Mexican land grant, and was settled by a German colony in the 1890s. The name Olivenhain is from the German and means "olive grove”. The German settlers built the meeting hall which still stands and is still used by the residents today for a variety of civic and private functions.
Olivenhain is one of the many communities in North San Diego County that I bring my notary and Live Scan services to. Visit my FAQ page to see all the cities I visit.
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North County San Diego Spotlight: Solana Beach
The George H. Jones family were the first settlers in the area now known as Solana Beach, arriving in 1886. In 1922 Colonel Ed Fletcher, an early community leader and developer, purchased 140 acres to develop the town. To provide access to the beach for the development, hydraulic water pressure was used to erode away tons of earth to create the Fletcher Cove entry and beach. This took one man three months with a fire hose, using water that was coming over the spillway at Lake Hodges Dam.
Solana Beach is one of the many communities in North San Diego County that I bring my notary and Live Scan services to. Visit my FAQ page to see all the cities I visit.
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North County San Diego Spotlight: Fallbrook
Although Fallbrook was first settled by the Payomkawichum people, the first permanent recorded settlement was during the Mexican period in 1846, when Ysidro Alvarado was granted Rancho Monserate. Later a Canadian immigrant by the name of Vital Reche settled with his family at the site now known as Live Oak Park. They named the new community Fall Brook after their former homestead in Pennsylvania.
Fallbrook is one of the many communities in North San Diego County that I bring my notary and Live Scan services to. Visit my FAQ page to see all the cities I visit.
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North County San Diego Spotlight: La Costa
La Costa Resort and Spa stands on the border of two old Mexican land grants from the 1850’s, Agua Hedionda to the north and Rancho Las Encinitas to the south. The idea for the resort was first planted in 1960 when real estate entrepreneur Allard Roen discovered this gorgeous rustic landscape on horseback. Roen’s original vision for Rancho La Costa called for a residential community that would include facilities for golf, tennis and horseback riding. Roen capitalized on Carlsbad history of having therapeutic mineral waters when in 1965, La Costa became the first US resort to introduce a full-service spa.
La Costa is one of the many communities in North San Diego County that I bring my notary and Live Scan services to. Visit my FAQ page to see all the cities I visit.
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North County San Diego Spotlight: Cardiff-by-the-Sea
In 1875 the Mackinnon’s from Cleveland started a farm on the north shore of the San Elijo Lagoon. In 1909 he sold the property to a developer from Boston, J. Frank Cullen, who began selling plots of land for as little as $30. Cullen initially wanted to give his little town a Spanish name, but his wife, a native of Cardiff, Wales, persuaded him to name the community “Cardiff". The “by-the-Sea” was added to the name by German musician Victor Kremer, whom took it from the song “By the Beautiful Sea.”
Cardiff-by-the-Sea is one of the many communities in North San Diego County that I bring my notary and Live Scan services to. Visit my FAQ page to see all the cities I visit.
