In the matter of Neil Smith
Respondent’s Demurrer
Motion type
Causes of action
Parties
Attorneys
Ruling
34-2023-00333493-PR-LA-FRC: In the matter of Neil Smith 09/02/2026 Hearing on Motion - Other Respondent's Demurrer in Department 126
Tentative Ruling
RESPONDENT JESSICA REYES DEMURRER TO PETITIONER GLEN SAWYERS SECOND AMENDED PETITION TO DETERMINE CLAIM TO PROPERTY, FOR EQUITABLE TITLE INTEREST, EQUITABLE LIEN AND SUBROGATION, FOR PRIORITY REIMBURSEMENT, AND FOR EQUITABLE RELIEF
Filed: 6/11/2026
Re: The Estate of: Neil Smith, Decedent
Moving Party: Jessica Reyes, Administrator and Respondent In pro per
Responding Party: Glen Sawyer, Petitioner 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) 875-2526 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 160 5926 9604. 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
34-2023-00333493-PR-LA-FRC: In the matter of Neil Smith 09/02/2026 Hearing on Motion - Other Respondent's Demurrer in Department 126
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 Administrator and Respondent Jessica Reyes (Respondent) demurrer to Petitioner Glen Sawyer (Petitioner) Second Amended Petition is CONTINUED for meet and confer efforts.
On September 2, 2025, Petitioner brought this petition to determine claim to real property and claim for priority reimbursement and equitable interest under Probate Code section 850. Petitioner seeks a determination that he holds an equitable interest in the real property located at 88 El Camino Ave, Sacramento, CA 95815, legally described APN: 275-0011-008-0000 (the Property), seeks reimbursements of mortgage payments and improvements, and seeks to enjoin the estate from transferring or disposing of the property until his claim is resolved.
Respondents demurrer to the petition was sustained with leave to amend on January 21, 2026. On January 22, 2026, Petitioner filed an amended petition, seeking priority reimbursement, a constructive trust or equitable lien, and other relief. On May 6, 2026, Respondents demurrer to the amended petition was sustained with leave to amend.
On May 20, 2026, Petitioner filed his second amended petition. Respondent filed this demurrer to the entire petition pursuant to Code of Civil Procedure, § 430.10(e).
The Court notes Respondent did not file a declaration stating her meet and confer efforts pursuant to Code of Civil Procedure, § 430.41. The moving party is required to file a declaration stating either:
(A) The means by which the demurring party met and conferred with the party who filed the pleading subject to demurrer, and that the parties did not reach an agreement resolving the objections raised in the demurrer. (B) That the party who filed the pleading subject to demurrer failed to respond to the meet and confer request of the demurring party or
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO
34-2023-00333493-PR-LA-FRC: In the matter of Neil Smith 09/02/2026 Hearing on Motion - Other Respondent's Demurrer in Department 126
otherwise failed to meet and confer in good faith. (Code Civ. Proc., § 430.41(a)(3).)
Thus, the mater is continued to October 7, 2026, at 1:30 p.m., in Department 129 so that the parties can engage in meet and confer efforts. Respondent is required to meet and confer in person, by telephone, or by video conference with Petitioner regarding his second amended petition.
No later than September 23, 2026, shall Respondent file and serve a supplemental declaration in compliance with Code of Civil Procedure, § 430.41(a)(3). Respondent shall identify any remaining unresolved issues following the meet and confer process.
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.)
Cited authorities
Looking for case law or statutes not cited here? Search published authorities
Ask about this ruling
Examples: “Why did the court rule this way?” · “What were the procedural grounds?” · “Is appearance required?”