Preview
CM-110
ATTORNEY OR PARTY Win ROUT ATTORNEY (Name, State sar number and address): FOR COURT VSE ONL 7
Larry G. Lushanko (SB 69143)
Law Offices of Larry Lushanko
1241 E. Mission Road
Fallbrook, CA 92028
TELEPHONE NOJ (760) 728-9899 FAX NO. (Options/l:
5/9/2022
E MAu. AooREss (opiionag: office@lushankolaw.corn
ATTORNEY FOR (Nsmei: CrOSS-Defendant/CrOSS-COmplainant PatterSOn
SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE
BTREETADDREBR 1775 Concord Ave.
MAILING ADDRESS:
CITY AND ZIP CODE. Chico, CA 95928
BRANGH NAME: North Butte County Courthouse
PLAINTIFF/PETITIONER: Wayne A Cook, et al.
DEFENDANT/RESPONDENT: Edward F. Niderost, et al., and Related Cross-Actions
CASE MANAGEMENT STATEMENT
~
CASE NUMBER:
20CV00905
(Checkone)i ~x UNLIMITED CASE LIMITEDCASE
(Amount demanded (Amount demanded is $ 25,000
exceeds $ 25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: May 25, 2022 Time: 10:30 a.m. Dept.: 1 Dive Room:
Address of court (if different from the address above):
~x Notice of Intent to Appear by Telephone, by (name)i Larry G. Lushanko
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
1. Party or parties (answer one):
a. ~x This statement is submitted by party (name)( Cross-Defendant(Cross-Complainant Laurence Patterson
b. ~This statement is submitted jointly by parties (names)7
2 Complaint and cross-complaint ((o be answered by plaintiffs and cross-complainants only)
a. The complaint was filed on (dale): April 22, 2020
b, ~x The cross-complaint, if any, was filed on (dale)i February 17, 2021
a. ~
3. Service (lo be answered by plaintiffs and cross-complainan(s only)
All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed.
~x The following parties named in the complaint or cross-complaint
~
b.
(1) have not been served (specify names and explain why nol):
(2) ~x have been served but have not appeared and have not been dismissed (specify names):
Answer to Cross-Complaint of Patterson due from Erwin Williams and John Denton on March 24, 2021.
(3) ~ have had a default entered against them (specify names)i
c. ~ The following additional parties may be added (specify names, nature ofinvolvemenl in case, and date by which
they may be served):
4. Description of case
a. Type of case in ~
complaint
Breach of Contract; Declaratory Relief
~x cross-complaint (Describe, including causes of sc(ion):
page 1 of 3
Cal. Rules of Court,
Form Adopted for Mandatory Use
Judicial Counal of Csltfomta
CASE MANAGEMENT STATEMENT rule! 3 720-3 730
tume couna ce.gor
CM-110 [Rev July I, 2011)
CM-110
PLAINTIFF/PETITIONER: Wayne A Cook, et al. CASE NUMBER:
DEFENDANT/RESPONDENT: Edward F, Niderost, et el., end Related Cross-Actions 20CV00905
4. b. Provide a brief statement of the case, including any damages. (II personal injury damages are sought, specify the injury and
damages claimed, Including medical expenses Io date (indicate source and amount), estimated future medical expenses, lost
earnings Io date, and estimated future lost earnings. If equitable relief is sought, describe the nature of the relief)
See attachment 4b.
~ space is needed, check this box and attach a page designated as Attachment 4b.)
(If more
Jury or nonjury trial
a. The party or parties request
requesting a jury trial):
~
a jury trial ~
a nonjury trial. (If more than one party, provide the name of each party
Trial date
a.
b.
~
~ The trial has been setfor (dale)r
No trial date has been set. This case will be ready for trial within 12 months of the date of the filing of the complaint (If
not, explain):
c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability):
Estimated length of trial
a.
b.
~
The party or parties estimate that the trial will take (check one]:
~ days (specify number);
hours (short causes) (specify):
Trial representation (Io be answered for each party)
The party or parties will be represented at trial
a. Attorney:
~
by the attorney or party listed in the caption ~ by the following:
b. Firm:
c. Address:
d. Telephone number: f. Fax number:
e E-mail address: 9. PartY represented:
~
Preference
Additional representation is described in Attachment 8.
~x This case is entitled to preference (specify code section): CCP section 36(a)
10. Alternative dispute resolution (ADR)
a. ADR information package. Please note that different ADR processes are available in different courts and communities; read
the ADR information package provided by the court under rule 3.221 for information about the processes available through the
court and community programs in this case.
(1) For parties represented by counsel: Counsel ~x has ~
has not provided the ADR information package identified
(2) For self-represented parties: Party ~ ~
in rule 3.221 to the client and reviewed ADR options with the client.
has has not reviewed the ADR information package identified in rule 3.221.
(1) ~
b. Referral to judicial arbitration or civil action mediation (if availabls).
This matter is subject to mandatory judicial arbitration under Code of Civil Procedure section 1141.11 or to civil action
mediation under Code of Civil Procedure section 1775.3 because the amount in controversy does not exceed the
(2) ~ statutory limit.
Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount specified in Code of
(3) ~ Civil Procedure section 1141.11.
This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Court or from civil action
mediation under Code of Civil Procedure section 1775 et seq. (specify exemption):
CM-1 10 IRuu. July 1, 2011]
Pueu 2 uf 0
CASE MANAGEMENT STATEMENT
CM-1 10
PLAINTIFF/PETITIONER: Wayne A Cook, et el. CASE NUMBER
DEFENDANT/RESPONDENT: Edward F. Niderost, et el., end Related Cross-Actions 20OV00905
10. c. Indicate the ADR process or processes that the party or parties are willing to participate in, have agreed to participate in, or
have already participated in (check all that apply and provide the specified information):
The party or parties completing If the party or parties completing this form in the case have agreed to
this form are willing to participate in or have already completed an ADR process or processes,
participate in the following ADR indicate the status of the processes (atlach a copy of the parties'ADR
processes (check a/I that apply): stipe(ation)r
~
~ Mediation session not yet scheduled
Mediation session scheduled for (dale):
(1) Mediation
~
~
Agreed to complete mediation by (date)r
Mediation completed on (dale):
~
~ Settlement conference not yet scheduled
Settlement conference scheduled for(date):
(2) Settlement
conference ~
~ Agreed to complete settlement conference by(date):
Settlement conference completed on(date):
~
~ Neutral evaluation not yet scheduled
Neutral evaluation scheduled for (dale):
(3) Neutral evaluation
~
~ Agreed to complete neutral evaluation by (date)r
Neutral evaluation completed on (date):
~
~ Judicial arbitration not yet scheduled
Judicial arbitration scheduled for (date):
(4) Nonbinding judicial
arbitration ~
~ Agreed to complete judicial arbitration by (dale)r
Judicial arbitration completed on (date)r
~
~ Private arbitration not yet scheduled
Private arbitration scheduled for (date):
(5) Binding private
arbitration ~
~ Agreed to complete private arbitration by (dale):
Private arbitration completed on (dale)r
~
~ ADR session not yet scheduled
ADR session scheduled for (date):
(6) Other (specify):
~
~
Agreed to complete ADR session by (dale)r
ADR completed on (dale):
CM-1 1 g [Rev. July 1, 2011]
page 3 of s
CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER: Wayne A Cook, et Bl. CASE NUMBER:
DEFENDANT/RESPONDENT: Edward F. Niderost, et al., and Related Cross-Actions 20CV00905
11. Insurance
a.
b.
~ Insurance carrier,
Reservation of rights: ~ ~
if any,
Yes
for party filing this statement (name):
No
c. ~ Coverage issues will significantly affect resolution of this case (exp/a/n):
12. Jurisdiction
Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status.
~ Bankruptcy
Status:
~ Other (specify):
13. Related cases, consolidation, and coordination
a. ~x There are companion, underlying, or related cases.
(1) Name of case: Estate of Edward Niderost
(2) Name of court: Butte County Superior Court
(3) Case number: 20PR00122
(4) Status: Hearing on 5/1 7/22 for Conservatorship Review Accounting
~ Additional cases are described in Attachment 13a.
~
b. A motion to ~ consolidate ~ coordinate will be filed by (name party):
14. Bifurcation
~ The party or parties intend to file a motion for an order bifurcating, seveding, or coordinating the following issues or causes of
action (spec//y moving party, type of motion, and reasons):
15. Other motions
~ The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):
16. Discovery
a.
b.
~
~ The party or parties have completed afi discovery.
The following discovery will be completed by the date specified (describe a// anticipated discovery):
Description ~Da
c. ~ The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (spec//y)i
CM-110 IReu. July 1, get 1] Page 4 of g
CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER: Wayne A Cook, e( al. CASE NUMBER.
DEFENDANT/RESPONDENT: Edward F. Nlderost, et sl., and Related Cross-Actions 20CV00905
17. Economic litigation
a. ~ This is a limited civil case (i.e., the amount demanded is $ 25,000 or less) and the economic litigation procedures in Code
of Civil Procedure sections 90-98 will apply to this case.
b. ~ This is a limited civil case and a motion to withdraw the case from the economic litigation procedures or for additional
discovery will be filed (if checked, explain specifically why economic litigation procedures relating io discovery or trial
should not app/y ro this case)i
Otherissues
18.
~ The party or parties request that the following additional matters be considered or determined at the case management
conference (specify):
19. Meet and confer
a. ~x The party or parties have met and conferred with all parties on all subjects required by rule 3.724 of the California Rules
of Court (if noi, explain):
b. ~ After meeting and confemng as required by rule 3.724 of the Cahfomia Rules of Court, the parties agree on the following
(specify)i
20. Total number of pages attached (if any): Ir
am completely familiar with this case and will be fully prepared to discuss the status of discovery and alternative dispute resolution,
I
as well as other issues raised by this statement, and will possess the authority to enter into stipulations on these issues at the time of
the case management conference, including the written authority of the party where re
Date: May 9,2022
LARRY G. LUSHANKO
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY 0 R ATTORNEY)
~
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
Additional signatures are attached.
CM-1 15 (Reu. July I, 2011) Pus5 5 uf 5
CASE MANAGEMENT STATEMENT
Cook v. Niderost, and related Cross-actions
Butte County Superior Court Case No. 20CV00905
ATTACHMENT 4b TO CASE MANAGEMENT STATEMENT
The Niderost v. Patterson, et al., portion of the Niderost Cross-complaint was bifurcated
from the Cook v. Niderost, et al., case and was scheduled for trial on February 6, 2022
(collectively called "Niderost v. Patterson Case" ). On December 22, 2021, the Niderost
v. Patterson Case was globally resolved in a Settlement Conference before the
Honorable Judge Stephen E. Benson.
Judge Benson assigned the task of drafting the Settlement Agreement to Attorney Sara
Knowles. I, Larry G. Lushanko, received the first draft of the Settlement Agreement
from Ms. Knowles on January 31, 2022. All parties signed the Settlement Agreement
and a fully executed copy was sent to my office on March 30, 2022, by Ms. Knowles
with an email stating that she "will now prepare the petition for authorization by the
probate court." sent follow-up emails to Ms. Knowles on April 27, 2022, and May 5,
I
2022, but have not received a response.
To my knowledge, there are no outstanding unresolved issues in this case, other than
the Court approval of the settlement for purposes of Mr. Niderost's conservatorship.
Cook v. Niderost, and related Cross-Actions
Butte County Superior Court, Case No. 20CV00905
DECLARATION OF SERVICE
I declare that I am over the age of eighteen years, and not a party to the within action. I
am employed in, or am a resident of, the County of San Diego, California; my business address
is 1241 E. Mission Road, Fallbrook, California 92028.
I further declare that on May 9, 2022, I served a copy of the following document(s):
1. Case Management Statement
on the following in the manner described below:
Raymond L. Sandelman Sara M. Knowles
Attorney at Law Leland, Morrissey & Knowles, LLP
196 Cohasset Road, Suite 225 1660 Humboldt Road, Ste. 6
Chico, CA 95926-2284 Chico, CA 95928
(530) 343-5090 (530) 342-4500
Attorney for Plaintiff/Cross-Defendant Attorney for Conservator John Denton
Wayne Cook sknowles@chicolawyer.corn
raymond@sandelmanlaw.corn
Law Office of Raoul J. LeClerc Gene Culley, In Pro Per
P.O. Drawer 111 2756 Alamo Ave
Oroville, CA 95965 Chico, CA 95973
Tele: (530) 533-5661 Fax: (530) 533-0865 (818) 359-3382
rleclercCa.1eclerclawoffice. corn aculiev@sbcelobal.net
Attorney for Cross-Defendant Gene Culley Cross-Defendant, In Pro Per
[X ] BY MAIL. I caused such envelope to be placed for collection and mailing following this
firm's ordinary business practices. I am readily familiar with the firm's practice of collection and
processing correspondence for mailing. Under that practice, on the same day that
correspondence is placed for collection and mailing, it is deposited with the U.S. Postal Service
in a sealed envelope with postage fully prepaid. I am aware that on motion of party served,
service is presumed invalid if postal cancellation date or postage meter date is more that (I) day
after date of deposit for mailing in affidavit.
declare that I am employed in the office of a member of the bar of this court at whose
I
direction the service was made and under penalty of perjury under the laws of the State of
California that the foregoing is true and correct.
Executed on May 9, 2022
J i(er Kries
Preview
CM-110 ATTORNEY OR PARTY Win ROUT ATTORNEY (Name, State sar number and address): FOR COURT VSE ONL 7 Larry G. Lushanko (SB 69143) Law Offices of Larry Lushanko 1241 E. Mission Road Fallbrook, CA 92028 TELEPHONE NOJ (760) 728-9899 FAX NO. (Options/l: 5/9/2022 E MAu. AooREss (opiionag: office@lushankolaw.corn ATTORNEY FOR (Nsmei: CrOSS-Defendant/CrOSS-COmplainant PatterSOn SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE BTREETADDREBR 1775 Concord Ave. MAILING ADDRESS: CITY AND ZIP CODE. Chico, CA 95928 BRANGH NAME: North Butte County Courthouse PLAINTIFF/PETITIONER: Wayne A Cook, et al. DEFENDANT/RESPONDENT: Edward F. Niderost, et al., and Related Cross-Actions CASE MANAGEMENT STATEMENT ~ CASE NUMBER: 20CV00905 (Checkone)i ~x UNLIMITED CASE LIMITEDCASE (Amount demanded (Amount demanded is $ 25,000 exceeds $ 25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: May 25, 2022 Time: 10:30 a.m. Dept.: 1 Dive Room: Address of court (if different from the address above): ~x Notice of Intent to Appear by Telephone, by (name)i Larry G. Lushanko INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. ~x This statement is submitted by party (name)( Cross-Defendant(Cross-Complainant Laurence Patterson b. ~This statement is submitted jointly by parties (names)7 2 Complaint and cross-complaint ((o be answered by plaintiffs and cross-complainants only) a. The complaint was filed on (dale): April 22, 2020 b, ~x The cross-complaint, if any, was filed on (dale)i February 17, 2021 a. ~ 3. Service (lo be answered by plaintiffs and cross-complainan(s only) All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. ~x The following parties named in the complaint or cross-complaint ~ b. (1) have not been served (specify names and explain why nol): (2) ~x have been served but have not appeared and have not been dismissed (specify names): Answer to Cross-Complaint of Patterson due from Erwin Williams and John Denton on March 24, 2021. (3) ~ have had a default entered against them (specify names)i c. ~ The following additional parties may be added (specify names, nature ofinvolvemenl in case, and date by which they may be served): 4. Description of case a. Type of case in ~ complaint Breach of Contract; Declaratory Relief ~x cross-complaint (Describe, including causes of sc(ion): page 1 of 3 Cal. Rules of Court, Form Adopted for Mandatory Use Judicial Counal of Csltfomta CASE MANAGEMENT STATEMENT rule! 3 720-3 730 tume couna ce.gor CM-110 [Rev July I, 2011) CM-110 PLAINTIFF/PETITIONER: Wayne A Cook, et al. CASE NUMBER: DEFENDANT/RESPONDENT: Edward F, Niderost, et el., end Related Cross-Actions 20CV00905 4. b. Provide a brief statement of the case, including any damages. (II personal injury damages are sought, specify the injury and damages claimed, Including medical expenses Io date (indicate source and amount), estimated future medical expenses, lost earnings Io date, and estimated future lost earnings. If equitable relief is sought, describe the nature of the relief) See attachment 4b. ~ space is needed, check this box and attach a page designated as Attachment 4b.) (If more Jury or nonjury trial a. The party or parties request requesting a jury trial): ~ a jury trial ~ a nonjury trial. (If more than one party, provide the name of each party Trial date a. b. ~ ~ The trial has been setfor (dale)r No trial date has been set. This case will be ready for trial within 12 months of the date of the filing of the complaint (If not, explain): c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability): Estimated length of trial a. b. ~ The party or parties estimate that the trial will take (check one]: ~ days (specify number); hours (short causes) (specify): Trial representation (Io be answered for each party) The party or parties will be represented at trial a. Attorney: ~ by the attorney or party listed in the caption ~ by the following: b. Firm: c. Address: d. Telephone number: f. Fax number: e E-mail address: 9. PartY represented: ~ Preference Additional representation is described in Attachment 8. ~x This case is entitled to preference (specify code section): CCP section 36(a) 10. Alternative dispute resolution (ADR) a. ADR information package. Please note that different ADR processes are available in different courts and communities; read the ADR information package provided by the court under rule 3.221 for information about the processes available through the court and community programs in this case. (1) For parties represented by counsel: Counsel ~x has ~ has not provided the ADR information package identified (2) For self-represented parties: Party ~ ~ in rule 3.221 to the client and reviewed ADR options with the client. has has not reviewed the ADR information package identified in rule 3.221. (1) ~ b. Referral to judicial arbitration or civil action mediation (if availabls). This matter is subject to mandatory judicial arbitration under Code of Civil Procedure section 1141.11 or to civil action mediation under Code of Civil Procedure section 1775.3 because the amount in controversy does not exceed the (2) ~ statutory limit. Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount specified in Code of (3) ~ Civil Procedure section 1141.11. This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Court or from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): CM-1 10 IRuu. July 1, 2011] Pueu 2 uf 0 CASE MANAGEMENT STATEMENT CM-1 10 PLAINTIFF/PETITIONER: Wayne A Cook, et el. CASE NUMBER DEFENDANT/RESPONDENT: Edward F. Niderost, et el., end Related Cross-Actions 20OV00905 10. c. Indicate the ADR process or processes that the party or parties are willing to participate in, have agreed to participate in, or have already participated in (check all that apply and provide the specified information): The party or parties completing If the party or parties completing this form in the case have agreed to this form are willing to participate in or have already completed an ADR process or processes, participate in the following ADR indicate the status of the processes (atlach a copy of the parties'ADR processes (check a/I that apply): stipe(ation)r ~ ~ Mediation session not yet scheduled Mediation session scheduled for (dale): (1) Mediation ~ ~ Agreed to complete mediation by (date)r Mediation completed on (dale): ~ ~ Settlement conference not yet scheduled Settlement conference scheduled for(date): (2) Settlement conference ~ ~ Agreed to complete settlement conference by(date): Settlement conference completed on(date): ~ ~ Neutral evaluation not yet scheduled Neutral evaluation scheduled for (dale): (3) Neutral evaluation ~ ~ Agreed to complete neutral evaluation by (date)r Neutral evaluation completed on (date): ~ ~ Judicial arbitration not yet scheduled Judicial arbitration scheduled for (date): (4) Nonbinding judicial arbitration ~ ~ Agreed to complete judicial arbitration by (dale)r Judicial arbitration completed on (date)r ~ ~ Private arbitration not yet scheduled Private arbitration scheduled for (date): (5) Binding private arbitration ~ ~ Agreed to complete private arbitration by (dale): Private arbitration completed on (dale)r ~ ~ ADR session not yet scheduled ADR session scheduled for (date): (6) Other (specify): ~ ~ Agreed to complete ADR session by (dale)r ADR completed on (dale): CM-1 1 g [Rev. July 1, 2011] page 3 of s CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: Wayne A Cook, et Bl. CASE NUMBER: DEFENDANT/RESPONDENT: Edward F. Niderost, et al., and Related Cross-Actions 20CV00905 11. Insurance a. b. ~ Insurance carrier, Reservation of rights: ~ ~ if any, Yes for party filing this statement (name): No c. ~ Coverage issues will significantly affect resolution of this case (exp/a/n): 12. Jurisdiction Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status. ~ Bankruptcy Status: ~ Other (specify): 13. Related cases, consolidation, and coordination a. ~x There are companion, underlying, or related cases. (1) Name of case: Estate of Edward Niderost (2) Name of court: Butte County Superior Court (3) Case number: 20PR00122 (4) Status: Hearing on 5/1 7/22 for Conservatorship Review Accounting ~ Additional cases are described in Attachment 13a. ~ b. A motion to ~ consolidate ~ coordinate will be filed by (name party): 14. Bifurcation ~ The party or parties intend to file a motion for an order bifurcating, seveding, or coordinating the following issues or causes of action (spec//y moving party, type of motion, and reasons): 15. Other motions ~ The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): 16. Discovery a. b. ~ ~ The party or parties have completed afi discovery. The following discovery will be completed by the date specified (describe a// anticipated discovery): Description ~Da c. ~ The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (spec//y)i CM-110 IReu. July 1, get 1] Page 4 of g CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: Wayne A Cook, e( al. CASE NUMBER. DEFENDANT/RESPONDENT: Edward F. Nlderost, et sl., and Related Cross-Actions 20CV00905 17. Economic litigation a. ~ This is a limited civil case (i.e., the amount demanded is $ 25,000 or less) and the economic litigation procedures in Code of Civil Procedure sections 90-98 will apply to this case. b. ~ This is a limited civil case and a motion to withdraw the case from the economic litigation procedures or for additional discovery will be filed (if checked, explain specifically why economic litigation procedures relating io discovery or trial should not app/y ro this case)i Otherissues 18. ~ The party or parties request that the following additional matters be considered or determined at the case management conference (specify): 19. Meet and confer a. ~x The party or parties have met and conferred with all parties on all subjects required by rule 3.724 of the California Rules of Court (if noi, explain): b. ~ After meeting and confemng as required by rule 3.724 of the Cahfomia Rules of Court, the parties agree on the following (specify)i 20. Total number of pages attached (if any): Ir am completely familiar with this case and will be fully prepared to discuss the status of discovery and alternative dispute resolution, I as well as other issues raised by this statement, and will possess the authority to enter into stipulations on these issues at the time of the case management conference, including the written authority of the party where re Date: May 9,2022 LARRY G. LUSHANKO (TYPE OR PRINT NAME) (SIGNATURE OF PARTY 0 R ATTORNEY) ~ (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) Additional signatures are attached. CM-1 15 (Reu. July I, 2011) Pus5 5 uf 5 CASE MANAGEMENT STATEMENT Cook v. Niderost, and related Cross-actions Butte County Superior Court Case No. 20CV00905 ATTACHMENT 4b TO CASE MANAGEMENT STATEMENT The Niderost v. Patterson, et al., portion of the Niderost Cross-complaint was bifurcated from the Cook v. Niderost, et al., case and was scheduled for trial on February 6, 2022 (collectively called "Niderost v. Patterson Case" ). On December 22, 2021, the Niderost v. Patterson Case was globally resolved in a Settlement Conference before the Honorable Judge Stephen E. Benson. Judge Benson assigned the task of drafting the Settlement Agreement to Attorney Sara Knowles. I, Larry G. Lushanko, received the first draft of the Settlement Agreement from Ms. Knowles on January 31, 2022. All parties signed the Settlement Agreement and a fully executed copy was sent to my office on March 30, 2022, by Ms. Knowles with an email stating that she "will now prepare the petition for authorization by the probate court." sent follow-up emails to Ms. Knowles on April 27, 2022, and May 5, I 2022, but have not received a response. To my knowledge, there are no outstanding unresolved issues in this case, other than the Court approval of the settlement for purposes of Mr. Niderost's conservatorship. Cook v. Niderost, and related Cross-Actions Butte County Superior Court, Case No. 20CV00905 DECLARATION OF SERVICE I declare that I am over the age of eighteen years, and not a party to the within action. I am employed in, or am a resident of, the County of San Diego, California; my business address is 1241 E. Mission Road, Fallbrook, California 92028. I further declare that on May 9, 2022, I served a copy of the following document(s): 1. Case Management Statement on the following in the manner described below: Raymond L. Sandelman Sara M. Knowles Attorney at Law Leland, Morrissey & Knowles, LLP 196 Cohasset Road, Suite 225 1660 Humboldt Road, Ste. 6 Chico, CA 95926-2284 Chico, CA 95928 (530) 343-5090 (530) 342-4500 Attorney for Plaintiff/Cross-Defendant Attorney for Conservator John Denton Wayne Cook sknowles@chicolawyer.corn raymond@sandelmanlaw.corn Law Office of Raoul J. LeClerc Gene Culley, In Pro Per P.O. Drawer 111 2756 Alamo Ave Oroville, CA 95965 Chico, CA 95973 Tele: (530) 533-5661 Fax: (530) 533-0865 (818) 359-3382 rleclercCa.1eclerclawoffice. corn aculiev@sbcelobal.net Attorney for Cross-Defendant Gene Culley Cross-Defendant, In Pro Per [X ] BY MAIL. I caused such envelope to be placed for collection and mailing following this firm's ordinary business practices. I am readily familiar with the firm's practice of collection and processing correspondence for mailing. Under that practice, on the same day that correspondence is placed for collection and mailing, it is deposited with the U.S. Postal Service in a sealed envelope with postage fully prepaid. I am aware that on motion of party served, service is presumed invalid if postal cancellation date or postage meter date is more that (I) day after date of deposit for mailing in affidavit. declare that I am employed in the office of a member of the bar of this court at whose I direction the service was made and under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on May 9, 2022 J i(er Kries