Motion to strike purported original will
24PR002904: ESTATE OF: JIMME LEE MALLOY 01/21/2026 General Probate in Department 129
Tentative Ruling
ELAINE MALLOYS NOTICE OF MOTION TO STRIKE PURPORTED ORIGINAL WILL FILED ON 5/5/2025
MOTION FILED: 12/1/2025
RE: In re the Estate of: Jimmie Lee Malloy
MOVING PARTY: Respondent Wanda Lee-Malloy Attorney: Simran Sekhon, (209) 425-5225
RESPONDING PARTY: Elaine Malloy, 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) 875-2529 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.
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24PR002904: ESTATE OF: JIMME LEE MALLOY 01/21/2026 General Probate in Department 129
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 Petitioner Elaine Malloys motion to strike is DENIED as follows.
Petitioners notice of motion cites only to Probate Code section 8220. (Notice, 1:25, 27.) Indeed, the motions sole legal authority is Probate Code section 8200. Thus, Petitioner may only seek under the grounds listed in the notice. (CRC, Rule 3.1110(a).)
Petitioner alleges that the filed will in this matter must be stricken because of alleged deficiencies in the will, such as providing photocopies for some pages instead of the originals. Petitioners attached exhibits are not authenticated and were not considered. (Evid. Code, § 1401.) No declaration or other supporting evidence was provided.
Respondent Wanda Lee-Malloy opposes on several grounds. Respondent asserts, among other points, that Petitioner is seeking relief outside her cited Probate Code, that Probate Code section 8220 does not permit a party to strike a will, and that Probate Code sections 8220, 8221, and 8223 already provide the statutory scheme for contesting a will. (Opposition, 3:12-13, 4:6-7, 5:19-23.)
Petitioner did not establish a clear legal basis for the requested relief or provide supporting evidence. Without a discernible legal basis or theory, the Court cannot grant Petitioner the relief sought. Probate Code section 8220 does not create a basis for Petitioner to file a motion to strike. Because Petitioners arguments are unsupported by any legal authority, they are rejected. (See Tanguilig v. Valdez (2019) 36 Cal.App.5th 514, 520.)
To the extent Petitioner wishes this Court to construe the motion as a motion to strike under Code of Civil Procedure section 436, that legal basis is not cited in the notice or motion. Thus, relief cannot be granted on that basis, as Respondent was not given proper notice of that legal basis.
The motion to strike is DENIED.
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO
24PR002904: ESTATE OF: JIMME LEE MALLOY 01/21/2026 General Probate in Department 129
Respondent requested an award of costs under Probate Code section 1002 and an award of reasonable attorneys fees incurred. (Opposition, 2:18-19.) In the Courts discretion, the request for costs and fees is similarly DENIED, as the motion was brought in good faith following Petitioners inspection of the lodged will. (Decl. of Petitioner, ¶ 9.)
This minute order is effective immediately. No formal order or other notice is required. (Code Civ. Proc. §1019.5; CRC, Rule 3.1312.)