In the Matter of: Thomas Alway

25PR002593: ESTATE OF: THOMAS ALWAY 09/02/2026 Hearing on Motion - Other Demurrer to Petition Of Lester Cole SGND 5-21-26 Alway-2 in Department 126

Tentative Ruling

DEMURRER OF DAVID ALWAY AND JIM ALWAY TO THE PETITION OF LESTER COLE

Filed: 5/28/2026

Re: Estate of Thomas Alway

Moving Parties: David Alway and Jim Alway, Respondents Attorney: Dylan P. Hyatt, (916) 920-5983

Responding Party: Lester Cole, Petitioner Attorney: D. Randall Ensminger, (916) 434-0220

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-ca-gov.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

25PR002593: ESTATE OF: THOMAS ALWAY 09/02/2026 Hearing on Motion - Other Demurrer to Petition Of Lester Cole SGND 5-21-26 Alway-2 in Department 126

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 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 On the Court’s own motion, this matter is continued to October 7, 2026, at 1:30 p.m., in Department 126.

Petitioner filed a late opposition before the hearing. Oppositions are due nine court days before the hearing. (Code Civ. Proc., § 1005(b).) The matter is continued to allow Respondents to file a reply.

Respondents are permitted to file and serve a reply no later than September 9, 2026.

No other briefing is allowed without prior permission from the Court.

The matter is continued to October 7, 2026, at 1:30 p.m., in Department 126.

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.

SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO

25PR002593: ESTATE OF: THOMAS ALWAY 09/02/2026 Hearing on Motion - Other Demurrer to Petition Of Lester Cole SGND 5-21-26 Alway-2 in Department 126