Petition for Leave to Submit Tardy Expert Witness Information
23PR001873: ESTATE OF: JOSEPH FRANK SIMONI 06/03/2026 Hearing on Motion - Other Motion in Department 126
Tentative Ruling
PETITIONERS MOTION FOR LEAVE TO SUBMIT TARDY EXPERT WITNESS INFORMATION
Filed: 3/3/2026
Re: Estate of Joseph Frank Simoni
Moving Party: David Gold Attorney: Melissa Yoest, (916) 957-5840
Responding Party: Linda Simoni Attorney: 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) 875-2526 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 Reporters Pro Tempore available at https://www.saccourt.ca.gov/court-reporters/docs/crtrp- 13.pdf.
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23PR001873: ESTATE OF: JOSEPH FRANK SIMONI 06/03/2026 Hearing on Motion - Other Motion in Department 126
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 Moving party David Golds motion to submit tardy expert witness Dr. Bret McLaughlin is dropped as moot. Trial commenced on March 23, 2026. On April 6, 2026, during trial, moving partys counsel Melissa Yoest made an oral motion to have Dr. Bret McLaughlin deemed an expert witness. The Court ordered Dr. McLaughlin to be deemed an expert on the subjects of undue influence, testamentary capacity, and mental capacity. (Minute Order, 4/6/2026, pg. 2.) The motion is dropped as moot.
This minute order is effective immediately. No formal order or other notice is required. (Code Civ. Proc. §1019.5; CRC, Rule 3.1312.)