In the Matter of The Trudi Tucker Living Trust

26PR000648: IN RE: THE TRUDI TUCKER LIVING TRUST 08/19/2026 Hearing on Motion - Other Motion for Leave to File First Amended Petition and Concurrent Supplemental Petition in Department 129

Tentative Ruling

NOTICE OF MOTION AND MOTION FOR LEAVE TO FILE FIRST AMENDED PETITION AND CONCURRENT SUPPLEMENTAL PETITION; MEMORANDUM OF POINTS AND AUTHORITIES

Filed: 6/23/2026

Re: The Trudi Tucker Living Trust

Moving Party: Sherri Arfsten, Petitioner In Pro Per

Responding Party: Wendi Heise, Respondent Attorney: Nicholas D. Yonano, (916) 817-4422

Responding Party: Walter E. Price, Successor Trustee Attorney: Samuel K. Swenson, (916) 333-0833

NOTICE: Pursuant to Local Rule 1.06 (A), the court will make a tentative ruling on the merits of this matter by 2:00 p.m., the court day before the hearing. The complete text of the tentative ruling may be downloaded off the court’s website. If the party does not have online access, they may call the dedicated phone number for the Probate Department at (916) 875-2529 between the hours of 2:00 p.m. and 4:00 p.m. on the court day before the hearing and receive the tentative ruling. If you do not call the court and the opposing party by 4:00 p.m. the court day before the hearing, no hearing will be held.

Unless ordered to appear in person by the Court, parties may appear remotely either telephonically or by video conference via the Zoom video/audio conference platform with notice to the Court and all other parties in accordance with Code of Civil Procedure § 367.75. Although remote participation is not required, the Court will presume all parties are appearing remotely for non-evidentiary civil hearings. The Department 129 Zoom Link is https://saccourt-cagov.zoomgov.com/my/sscdept129 and the Zoom Meeting ID is 161 3352 9231. To appear on Zoom telephonically, call (833) 568-8864 and enter the Zoom Meeting ID referenced above. NO COURTCALL APPEARANCES WILL BE ACCEPTED.

Parties requesting services of a court reporter will need to arrange for private court reporter services at their own expense, pursuant to Government Code §68086 and California Rules of Court, Rule 2.956. Requirements for requesting a court reporter are listed in the Policy for

26PR000648: IN RE: THE TRUDI TUCKER LIVING TRUST 08/19/2026 Hearing on Motion - Other Motion for Leave to File First Amended Petition and Concurrent Supplemental Petition in Department 129

Official Reporter Pro Tempore available on the Sacramento Superior Court website at https://www.saccourt.ca.gov/court-reporters/docs/crtrp-6a.pdf. Parties may contact Court- Approved Official Reporters Pro Tempore by utilizing the list of Court Approved Official Reporters Pro Tempore available at https://www.saccourt.ca.gov/court-reporters/docs/crtrp- 13.pdf.

A Stipulation and Appointment of Official Reporter Pro Tempore (CV/E-206) is required to be signed by each party, the private court reporter, and the Judge prior to the hearing, if not using a reporter from the Court’s Approved Official Reporter Pro Tempore list.

Once the form is signed it must be filed with the clerk. If a litigant has been granted a fee waiver and requests a court reporter, the party must submit a Request for Court Reporter by a Party with a Fee Waiver (CV/E-211) and it must be filed with the clerk at least 10 days prior to the hearing or at the time the proceeding is scheduled if less than 10 days away. Once approved, the clerk will forward the form to the Court Reporter’s Office and an official reporter will be provided.

TENTATIVE RULING Petitioner Sherri Arfsten’s (“Petitioner”) motion for leave to file a first amended petition is denied without prejudice as follows.

On March 9, 2026, Petitioner filed a petition for suspension of ‘acting trustee’ and Respondent Wendi Heise (“Respondent”), appointment of temporary neutral trustee, freeze of trust assets, surcharge, double damages, and related relief. On March 18, 2026, Respondent filed a demurrer to the petition, which was sustained in part.

Petitioner now seeks leave to file a first amended petition and a concurrent supplemental petition. Petitioner alleges discovery of various pre-filing facts and the addition of these facts in an amended petition is necessary. Petitioner also alleges subsequent factual allegations occurring after the filing of the original petition are required by way of a supplemental petition. The Court notes that Petitioner's basis to file a concurrent supplemental petition instead of one amended petition is unclear.

The Court, in its discretion and on any terms as may be proper, may allow an amendment to any pleading. (Code Civ. Proc., § 473(a)(1).) A motion to amend a pleading before trial must “[s]tate what allegations in the previous pleading are proposed to be deleted, if any, and where, by page, paragraph, and line number, the deleted allegations are located” and “[s]tate what allegations are proposed to be added to the previous pleading, if any, and where, by page, paragraph, and line number, the additional allegations are located.” (Cal. Rules of Court, rule 3.1324(a)(2)-(3) [emphasis added].)

Petitioner summarizes the additional facts she intends to set forth in her first amended petition

SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO

26PR000648: IN RE: THE TRUDI TUCKER LIVING TRUST 08/19/2026 Hearing on Motion - Other Motion for Leave to File First Amended Petition and Concurrent Supplemental Petition in Department 129

and concurrent supplemental petition, and attaches the amended petition and supplemental petition to her declaration as Exhibits A and B, respectively. However, Petitioner has not provided a redlined version clearly identifying the proposed changes to the original petition. Petitioner similarly does not provide the page, paragraph, and line number to locate the deleted and added allegations. The requirements in Rule 3.1324 are mandatory, and the Court will not grant a motion for leave to amend unless the moving party has complied with all mandatory requirements.

The motion for leave to file a first amended petition is DENIED without prejudice to the filing the compliant motion for leave to amend.

This minute order is effective immediately. No formal order or other notice is required. (Code Civ. Proc., § 1019.5; Cal. Rules of Court, rule 3.1312.)