IN RE: THE TRUDI TUCKER LIVING TRUST

26PR000648: IN RE: THE TRUDI TUCKER LIVING TRUST 06/17/2026 Hearing on Motion - Other Motion for Sanctions in Department 129

Tentative Ruling

NOTICE OF MOTION AND MOTION FOR SANCTIONS (CCP §128.7); MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF SHERRI ARFSTEN; AND MOTION TO STRIKE SCANDALOUS AND IRRELEVANT MATERIAL

Filed: 5/5/2026

Re: The Trudi Tucker Living Trust

Moving Party: Sherri Arfsten, Petitioner In pro per

Responding Party: Wendy Heise, Respondent 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 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 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-

26PR000648: IN RE: THE TRUDI TUCKER LIVING TRUST 06/17/2026 Hearing on Motion - Other Motion for Sanctions in Department 129

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 Movant and Petitioner Sherri Arfsten’s (“Petitioner”) unopposed motion for sanctions and motion to strike is DENIED as follows.

The notice of motion does not provide notice of the Court’s tentative ruling system, as required by Local Rule 4.02.01(D) and 1.06(D). Movant is directed to contact counsel for opposing party forthwith and advise counsel of Local Rule 1.06 and the Court’s tentative ruling procedure. If Movant is unable to contact opposing party prior to the hearing, Movant shall be available at the hearing, in person or by telephone, in the event opposing party appears without following the procedures set forth in Local Rule 1.06(B).

On March 9, 2026, Petitioner Sherri Arfsten filed a Petition for suspension of acting trustee Wendi Heise, appointment of temporary neutral trustee, freeze of trust assets, surcharge, double damages, and related relief. Petitioner now seeks sanctions and to strike various pleadings filed by Respondent Wendy Heise (“Respondent”) pursuant to Code of Civil Procedure, § 128.7.

“A motion for sanctions under this section shall be made separately from other motions or requests and shall describe the specific conduct alleged to violate subdivision (b). Notice of motion shall be served as provided in Section 1010, but shall not be filed with or presented to the court unless, within 21 days after service of the motion ” (Code Civ. Proc., § 128.7 (c)(1).)

In this case, Petitioner’s motion for sanctions was not filed separately from other motions or requests. The motion for sanctions also includes a motion to strike pursuant to Code of Civil Procedure, § 436. (Motion, 16:15-19.)

Further, “[u]nder section 128.7, ‘[a] party seeking sanctions must follow a two-step procedure. First, the moving party must serve on the offending party a motion for sanctions. Service of the

SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO

26PR000648: IN RE: THE TRUDI TUCKER LIVING TRUST 06/17/2026 Hearing on Motion - Other Motion for Sanctions in Department 129

motion on the offending party begins a [21]-day safe harbor period during which the sanctions motion may not be filed with the court. (Martorana v. Marlin & Saltzman (2009) 175 Cal.App.4th 685, 698, citing Malovec v. Hamrell (1999) 70 Cal.App.4th 434, 440 [emphasis added].) The Court’s records indicate the motion was filed on May 5, 2026, and the proof of service filed May 12, 2026 indicates service of the motion was completed by mail on May 12, 2026, one week after filing the motion. This does not comply with the two-step, 21-day safe harbor period procedure.

Notice requirements of section 128.7, subdivision (c)(1) are mandatory, and “neither the parties nor the trial court [are] permitted to disregard them.” (Id., at p. 700.) Because the motion was not filed separately from other requests and because Petitioner did not comply with the mandatory notice provision in Code of Civil Procedure, § 128.7(c)(1), the motion is DENIED.

Next, Petitioner seeks to strike various filings by Respondent pursuant to Code of Civil Procedure, § 436. It is unclear which documents Petitioner seeks to strike, but includes in her request for sanctions documents such as the response and objection to petition, declaration of Wendi Heise, demurrer and motion to dismiss petition and expunge lis pendens, ex parte motion to expunge the pending lis pendens and motion to dismiss the petition and all exhibits referenced in these filings. (Motion, 2:11-17.)

Code of Civil Procedure, § 436 indicates a court has discretion to strike any “irrelevant, false, or improper matter inserted in any pleading” or “all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court.” “As used in this section The term “complaint” includes a cross-complaint The term “pleading” means a demurrer, answer, complaint, or cross-complaint.” (Code Civ. Proc., § 435 (a).) The demurrer is the only document that falls within the definitions set forth in Code of Civil Procedure, § 435(a). The request to strike all other listed documents is denied as improper. In the Court’s discretion, the Court declines to strike the demurrer, which was heard concurrently with this motion.

The motion is denied.

Again, Movant is directed to contact the opposing party forthwith and advise opposing party of Local Rule 1.06 and the Court’s tentative ruling procedure. If Movant is unable to contact opposing party prior to the hearing, Movant shall be available at the hearing, in person or by telephone, in the event opposing party appears without following the procedures set forth in Local Rule 1.06(B).

This minute order is effective immediately. No formal order or other notice is required. (Code Civ. Proc. §1019.5; CRC, Rule 3.1312.)