In re: The Trudi Tucker Living Trust
Ex Parte Application for judicial approval of lis pendens; Temporary Restraining Order; Emergency order preserving trustor accounts
Motion type
Parties
Ruling
26PR000648: IN RE: THE TRUDI TUCKER LIVING TRUST 04/15/2026 Ex Parte - Probate in Department 129
Tentative Ruling
APPLICATION FOR: (1) JUDICIAL APPROVAL AND SIGNATURE OF LIS PENDENS [CCP §405.21]; (2) TEMPORARY RESTRAINING ORDER PROHIBITING SALE OF REAL PROPERTY; AND (3) EMERGENCY ORDER PRESERVING TRUSTOR ACCOUNTS PENDINF HEARING
FILED: 4/2/2026
RE: IN RE: THE TRUDI TUCKER LIVING TRUST, 26PR000648
MOVING PARTY: Sherri Arsten, In Pro Per
RESPONDING PARTY: Wendi Heise, In Pro Per
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 courts 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-ca-gov.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
26PR000648: IN RE: THE TRUDI TUCKER LIVING TRUST 04/15/2026 Ex Parte - Probate in Department 129
California Rules of Court, Rule 2.956. Requirements for requesting a court reporter are listed in the Policy for 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 Courts 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 Reporters Office and an official reporter will be provided.
TENTATIVE RULING Movant Sherri Arfsten filed an ex parte application for judicial approval of her notice of pendency action pursuant to Code of Civil Procedure, section 405.21. Movant also seeks a temporary restraining order and emergency order preserving the trustors accounts pending this hearing.
The motion is DENIED as follows.
While Movant cites to Code of Civil Procedure, section 405.21 in her caption, the moving papers do not comply with Code of Civil Procedure, section 1010 or California Rules of Court, Rule 3.1110(a), requiring a notice of hearing/motion which sets forth the specific grounds for the motion presented. Defective notice deprives the court of jurisdiction to act. (Lee v. Placer Title Co. (1994) 28 Cal.App.4th 503, 509.) Movants only filed document regarding notice, her declaration of notice of ex parte application on 3/26/2026, likewise does not list the specific grounds for the motion presented.
Further, all arguments are unsupported by any legal authority and are thus rejected. (See Tanguilig v. Valdez (2019) 36 Cal.App.5th 514, 520.) Movant does not provide
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO
26PR000648: IN RE: THE TRUDI TUCKER LIVING TRUST 04/15/2026 Ex Parte - Probate in Department 129
case law, statutory authority, or any other legal basis supporting her request for relief.
The motion is DENIED.
This minute order is effective immediately. No formal order or other notice is required. (Code Civ. Proc. §1019.5; CRC, Rule 3.1312.)
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