Motion to Continue Trial Date and Extend Trial Length
23PR001873: ESTATE OF: JOSEPH FRANK SIMONI 08/20/2025 General Probate in Department 129
Tentative Ruling
NOTICE OF MOTION AND MOTION CONTINUE TRIAL DATE AND EXTEND TRIAL LENGTH; POINTS AND AUTHORITIES; DECLARATION OF MISSA YOEST MOTION FILED: 4/22/2025 RE: Estate of Joseph Frank Simoni, DOD: 10/28/2023 MOVING PARTY: Petitioner David Gold Atty: Melissa Yoest, (916) 957-5840 RESPONDING PARTY: Objector Linda Simoni Atty: Stacey K. Brennan, (916) 321-4444
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.
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
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23PR001873: ESTATE OF: JOSEPH FRANK SIMONI 08/20/2025 General Probate in Department 129
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 This matter is DROPPED as moot.
Movant David Gold filed a Motion to Continue Trial Date (6/2/2025) and Extend Trial Length on April 22, 2025.
On April 30, 2025 Movant filed a Request to Drop or Continue Hearing, Long Cause Hearing, or Trial by Stipulation. Movant and Petitioner Linda Simoni stipulated to continue the Trial to a mutually agreed-upon date and extend the estimated time for trial to 2 days. The parties proposed a continuance of the trial date from June 2, 2025 to November 10, 2025, November 17, 2025, or December 5, 2025.
The 4/30/2025 Request to Continue was granted and the new trial dates were set for November 10, 2025 and November 17, 2025. Thus, this motion is now moot. This minute order is effective immediately. No formal order or other notice is required. (Code Civ. Proc. §1019.5; CRC, Rule 3.1312.)