Estate of Jeffrey Allan Smith

26PR001793: ESTATE OF: JEFFREY ALLAN SMITH 09/02/2026 Hearing on Motion - Other Motion for Sanctions in Department 126

Tentative Ruling

NOTICE OF MOTION AND MOTION FOR SANCTIONS

Filed: 7/22/2026

Re: In the Estate of Jeffrey Allen Smith

Moving Party: Cynthia Farthing, Alleged Executor Attorney: Amber K. Gill, (916) 671-3138

Responding Party: Tiffany Gonzalez, Proposed Administrator 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) 875-2526 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 126 Zoom Link is https://saccourt-cagov.zoomgov.com/my/sscdept126 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-13.pdf.

A Stipulation and Appointment of Official Reporter Pro Tempore (CV/E-206) is required to be signed

26PR001793: ESTATE OF: JEFFREY ALLAN SMITH 09/02/2026 Hearing on Motion - Other Motion for Sanctions in Department 126

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 Cynthia Farthing’s motion for sanctions is unopposed but DENIED as follows.

Ms. Farthing states she is the fiancée of decedent Jeffrey Allen Smith (“Decedent”). She alleges Petitioner Tiffany Gonzalez (“Petitioner”), decedent’s daughter, filed her petition for letters of administration that “lacked any reasonable basis in law or fact.” (Notice of Motion, 2:6.)

Decedent died on June 25, 2026. Petitioner filed her petition on June 29, 2026. Ms. Farthing filed her opposition on July 16, 2026.

In relevant part, the petition’s caption seeks letters of administration, but provided no response to the portion of the petition regarding intestacy and whether or not the decedent left a will. Ms. Farthing alleges a valid will exists, that Petitioner knew of the will, and Petitioner filed her petition in bad faith. Accordingly, Ms. Farthing seeks sanctions pursuant to Code of Civil Procedure, §§ 128.5 and 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).)

“Under 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 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 July 22, 2026, and the proof of service indicates the papers were served the same day. Ms. Farthing has not established compliance 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]

SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO

26PR001793: ESTATE OF: JEFFREY ALLAN SMITH 09/02/2026 Hearing on Motion - Other Motion for Sanctions in Department 126

permitted to disregard them.” (Id., at p. 700.) Because Ms. Farthing did not comply with the mandatory notice provision in Code of Civil Procedure, § 128.7(c)(1), the motion for sanctions is DENIED without prejudice.

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.)