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SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTI'E RULES
A1TORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURTUSE ONLY
Sm M. Knowles (saN 216139) gummy Cm.“ bf “may“ 13
1660 M12136?m an. u'
LLP F
Gil-UNI! cl Butla
Lnlanzllll. arrmsavlrtleass.
.
Chico. 3A 95921
I
TELEPHONE: (530)342-4500
FAX N0. (Optional): (530)345-0836 L 9/23/2020
ATTORNEY FCIR (Name): Consewamr John Demon for Defendant and Cross-Complainant Edward Niderost
SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE
E
E 1775 Butte D
D Butte County Courthouse North County Courthouse
One Court Street, Oroville. CA 95965 Concord Avenue, Chico, CA 95928 E)"
WY Fill-ED
My
(530) 532-7002 (530) 532-7002
PEI'ITIONER/PLAINTIFF: WAYNE A. COOK. TRUSTEE 0F THE WAYNE A. COOK 1990 FAMILY TRUST DATED 12/29/90
RESPO N DENT/D EFEN DA NT: cumin F. nnEnuI'r. IllnlvnuALLv Ann Al TnulrEE or THE mum F. Milo" mi Lrlllln lull! Darin Nm'illla I. IIII
OTHER:
E DECLARATION RE: NOTICE OF EX PARTE APPLICATION FOR ORDERS CASE ”WEE":
U ORDER SHORTENING TIME 20CV00905
I, Sara M. Knowles . do declare:
'
- (C0 nservator Joh n D en ton)
1. That lam E Counsel for D Plaintiff E Defendanatnlg t rgsarit qlwga'Poanqt
2. I have given notice of the present application fc-r an ex parte order and/or order shortening time to:
Counsel for E Plaintiff Defendant in the following manner:
a. D By telephone call: at .m., on , 20
The person to whom I spoke was
The message leftwas:
Email (see attached)
b. E By letter: Emailed Upersonally delivered at g g .m., on September 23 . 20 20
3. I received the following response to said notice:
None
4. | did not give notice of the present application for the following reason(s) indicated:
a. D Notice of this ex parte application would frustrate the purpose of the orders sought herein.
(Explain)*
b. The applicant would suffer immediate and irreparable harm before the adverse party could be heard in
opposition.
(EXplain)* If the pending ex parte request of Raymond Sandelman, attorney for Wayne Cook, is
granted, Mr. Niderost could be subjected to a deposition without counsel when he is incompetent.
(LM.010) Page 1 of 2 (A.D. 1-1-18)
Optional
DECLARATION RE: NOTICE OF EX PARTE APPLICATION FOR ORDERS AND/OR ORDERS SHORTENING TIME
SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F BUTTE RULES
c. D No signicant direct burden or inconvenience to the adverse party will be likely to result from the order
sought herein.
(Explain)*
d. D Prior attempts to give notice have failed and would probably be futile or unduly burdensome.
(Explain)*
NOTE: CALIFORNIA RUI._E OF COURT 3.1_200-3.1207 GOVERNS NOTICE REQUIREMENT
[Declare under Penalty of Perjury under the Laws of the State of California That the Foregoing ls True and Correct.
Place: Chico, California Date: September 23 , 20 20
Sara M. Knowles
(Type or Print Name) (Signature of Party or Party's Attorney)
ORDER SHORTENING TIME
Time for: D service is shortened. Service shall be on / or before . 20
(Date)
U hearing is shortened. Hearing is set . 20
(Date)
Date: ._.20
(Judge/Commissioner of the Superior Court)
(LM.010) Page 2 of 2 (AD. 1-1-18)
Optional
DECLARATION RE: NOTICE 0F EX PARTE APPLICATION FOR ORDERS AND/OR ORDERS SHORTENING TIME
Sarah Vercruzsse
From: Sara Knowles
Sent: Wednesday, September 23, 2020 3:47 PM
To: Sarah Vercruysse
Subject: FW: Cook v. Niderost
From: Work [mailto:sknowles@chicolawyer.corn]
Sent: Wednesday, September 23, 2020 8:56 AM
To: Raymond L. Sandelman
Cc: david@davidgrifthlaw.com; jameson@grifthandhorn.Qm; Lushanko Law
Subject: Re: Cook v. Niderost
Ray -
I will also be making be appearing at the same time, day, location and department seeking an ex parte order to
appoint a guardian ad litem for Edward Niderost for the purposes of defending his deposition and representing
his interests. I will ask that the Court order that the guardian ad litem accept service of your Deposition
subpoena. I will oppose your ex parte application on the basis that Mr. Niderost is not well and elderly.
Please advise if you will oppose Our ex parte request.
Sara.
Sent from my iPhone
On Sep 23, 2020, at 8:48 AM, Raymond L. Sandehnan wrote:
Greetings:
Please be advised that on September 24, 2020 at 4:00 p.m. will be appearing (via CourtCall) at the
|
Superior Court, located at 1775 Concord Avenue, Chico, CA in Department TBA (the case is assigned to
Judge Mosbarger who is Department 1 and usually sits in Courtroom 2), for an exparte order. Here is
the text of the order that I will be seeking:
Application having been made by Plaintiff Wayne A. Cook, Trustee of The Wayne A.
Cook 1998 Family Trust Dated 12/29/98 for an order to permit the Butte County Sheriff to serve
1
a deposition subpoena pursuant to Code of Civil Procedure section 1988, with proof having
been made to the satisfaction of the court, and good cause appearing therefore,
IT IS ORDERED that the application of Plaintiff is granted. Pursuant to Code of Civil
Procedure section 1988, the Butte County Sheriff may serve any deposition subpoena on
Edward F. Niderost and for that purpose may break into the building at 1077 Via Verona Drive,
Chico, CA 95973 where the witness is concealed.
l will send you copies of the moving papers later today.
Please advise me if you will be opposing the application.
RAYMOND L. SANDELMAN
Attorney at Law
196 Cohasset Road, Suite 225
Chico, CA 95926-2284
(530) 343-5090
(530) 343-5091 (Fax)
Ravmond@sandelmanlaw.com
NOTE: This email is condential and is intended for the recipient(s) listed. Ifyou are not a listed recipient or
someone authorized to receive email on behalf of a listed recipient, please reply to the sender that the email was
misdirected and delete the email. Thank you.
PROOF OF SERVICE
I, Sarah Vercruysse. declare:
am a citizen of the United States and a resident of Butte County, State of
I
California. am over the age of 16- years and not a party to the within action. My
|
business address is 1660 Humboldt Road, Suite 6, Chico, CA 95928.
am familiar with the practices of Leland, Morrissey & Knowles LLP whereby each
|
document is placed in an envelope, the envelope is sealed, the appropriate postage is
placed thereon and the sealed envelope is placed in the office mail receptacle. Each
day's mail is collected and deposited in a U.S. mailbox at or before the close of each
day’s business.
On the date shown below, l caused to be served the DECLARATION RE:
NOTICE 0F EX PARTE APPICATION FOR ORDERS
by:
é MAIL: Placed in the United States mail at Chico, California, addressed as
follows:
Raymond Sandelman
196 Cohasset Road, Suite 225
Chico, CA 95926-2284
Ra 0nd sandelmanlaw.com
Clayton Anderson
Jacobs, Anderson, Potter & Chaplin, LLP
20 Independence Circle
Chico, CA 95973
canderson@japc-law.com
l|><
David Grifth
Grifth Horn & Sheehan, LLP
1530 Humboldt Road, Suite 3
Chico, CA 95928
david@david@°fthlaw.com
Larry Lushanko
1241 E. Mission Road
Fallbrook, CA 92028
ofce@lgs_ha1
Preview
SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTI'E RULES A1TORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURTUSE ONLY Sm M. Knowles (saN 216139) gummy Cm.“ bf “may“ 13 1660 M12136?m an. u' LLP F Gil-UNI! cl Butla Lnlanzllll. arrmsavlrtleass. . Chico. 3A 95921 I TELEPHONE: (530)342-4500 FAX N0. (Optional): (530)345-0836 L 9/23/2020 ATTORNEY FCIR (Name): Consewamr John Demon for Defendant and Cross-Complainant Edward Niderost SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE E E 1775 Butte D D Butte County Courthouse North County Courthouse One Court Street, Oroville. CA 95965 Concord Avenue, Chico, CA 95928 E)" WY Fill-ED My (530) 532-7002 (530) 532-7002 PEI'ITIONER/PLAINTIFF: WAYNE A. COOK. TRUSTEE 0F THE WAYNE A. COOK 1990 FAMILY TRUST DATED 12/29/90 RESPO N DENT/D EFEN DA NT: cumin F. nnEnuI'r. IllnlvnuALLv Ann Al TnulrEE or THE mum F. Milo" mi Lrlllln lull! Darin Nm'illla I. IIII OTHER: E DECLARATION RE: NOTICE OF EX PARTE APPLICATION FOR ORDERS CASE ”WEE": U ORDER SHORTENING TIME 20CV00905 I, Sara M. Knowles . do declare: ' - (C0 nservator Joh n D en ton) 1. That lam E Counsel for D Plaintiff E Defendanatnlg t rgsarit qlwga'Poanqt 2. I have given notice of the present application fc-r an ex parte order and/or order shortening time to: Counsel for E Plaintiff Defendant in the following manner: a. D By telephone call: at .m., on , 20 The person to whom I spoke was The message leftwas: Email (see attached) b. E By letter: Emailed Upersonally delivered at g g .m., on September 23 . 20 20 3. I received the following response to said notice: None 4. | did not give notice of the present application for the following reason(s) indicated: a. D Notice of this ex parte application would frustrate the purpose of the orders sought herein. (Explain)* b. The applicant would suffer immediate and irreparable harm before the adverse party could be heard in opposition. (EXplain)* If the pending ex parte request of Raymond Sandelman, attorney for Wayne Cook, is granted, Mr. Niderost could be subjected to a deposition without counsel when he is incompetent. (LM.010) Page 1 of 2 (A.D. 1-1-18) Optional DECLARATION RE: NOTICE OF EX PARTE APPLICATION FOR ORDERS AND/OR ORDERS SHORTENING TIME SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F BUTTE RULES c. D No signicant direct burden or inconvenience to the adverse party will be likely to result from the order sought herein. (Explain)* d. D Prior attempts to give notice have failed and would probably be futile or unduly burdensome. (Explain)* NOTE: CALIFORNIA RUI._E OF COURT 3.1_200-3.1207 GOVERNS NOTICE REQUIREMENT [Declare under Penalty of Perjury under the Laws of the State of California That the Foregoing ls True and Correct. Place: Chico, California Date: September 23 , 20 20 Sara M. Knowles (Type or Print Name) (Signature of Party or Party's Attorney) ORDER SHORTENING TIME Time for: D service is shortened. Service shall be on / or before . 20 (Date) U hearing is shortened. Hearing is set . 20 (Date) Date: ._.20 (Judge/Commissioner of the Superior Court) (LM.010) Page 2 of 2 (AD. 1-1-18) Optional DECLARATION RE: NOTICE 0F EX PARTE APPLICATION FOR ORDERS AND/OR ORDERS SHORTENING TIME Sarah Vercruzsse From: Sara Knowles Sent: Wednesday, September 23, 2020 3:47 PM To: Sarah Vercruysse Subject: FW: Cook v. Niderost From: Work [mailto:sknowles@chicolawyer.corn] Sent: Wednesday, September 23, 2020 8:56 AM To: Raymond L. Sandelman Cc: david@davidgrifthlaw.com; jameson@grifthandhorn.Qm; Lushanko Law Subject: Re: Cook v. Niderost Ray - I will also be making be appearing at the same time, day, location and department seeking an ex parte order to appoint a guardian ad litem for Edward Niderost for the purposes of defending his deposition and representing his interests. I will ask that the Court order that the guardian ad litem accept service of your Deposition subpoena. I will oppose your ex parte application on the basis that Mr. Niderost is not well and elderly. Please advise if you will oppose Our ex parte request. Sara. Sent from my iPhone On Sep 23, 2020, at 8:48 AM, Raymond L. Sandehnan wrote: Greetings: Please be advised that on September 24, 2020 at 4:00 p.m. will be appearing (via CourtCall) at the | Superior Court, located at 1775 Concord Avenue, Chico, CA in Department TBA (the case is assigned to Judge Mosbarger who is Department 1 and usually sits in Courtroom 2), for an exparte order. Here is the text of the order that I will be seeking: Application having been made by Plaintiff Wayne A. Cook, Trustee of The Wayne A. Cook 1998 Family Trust Dated 12/29/98 for an order to permit the Butte County Sheriff to serve 1 a deposition subpoena pursuant to Code of Civil Procedure section 1988, with proof having been made to the satisfaction of the court, and good cause appearing therefore, IT IS ORDERED that the application of Plaintiff is granted. Pursuant to Code of Civil Procedure section 1988, the Butte County Sheriff may serve any deposition subpoena on Edward F. Niderost and for that purpose may break into the building at 1077 Via Verona Drive, Chico, CA 95973 where the witness is concealed. l will send you copies of the moving papers later today. Please advise me if you will be opposing the application. RAYMOND L. SANDELMAN Attorney at Law 196 Cohasset Road, Suite 225 Chico, CA 95926-2284 (530) 343-5090 (530) 343-5091 (Fax) Ravmond@sandelmanlaw.com NOTE: This email is condential and is intended for the recipient(s) listed. Ifyou are not a listed recipient or someone authorized to receive email on behalf of a listed recipient, please reply to the sender that the email was misdirected and delete the email. Thank you. PROOF OF SERVICE I, Sarah Vercruysse. declare: am a citizen of the United States and a resident of Butte County, State of I California. am over the age of 16- years and not a party to the within action. My | business address is 1660 Humboldt Road, Suite 6, Chico, CA 95928. am familiar with the practices of Leland, Morrissey & Knowles LLP whereby each | document is placed in an envelope, the envelope is sealed, the appropriate postage is placed thereon and the sealed envelope is placed in the office mail receptacle. Each day's mail is collected and deposited in a U.S. mailbox at or before the close of each day’s business. On the date shown below, l caused to be served the DECLARATION RE: NOTICE 0F EX PARTE APPICATION FOR ORDERS by: é MAIL: Placed in the United States mail at Chico, California, addressed as follows: Raymond Sandelman 196 Cohasset Road, Suite 225 Chico, CA 95926-2284 Ra 0nd sandelmanlaw.com Clayton Anderson Jacobs, Anderson, Potter & Chaplin, LLP 20 Independence Circle Chico, CA 95973 canderson@japc-law.com l|>< David Grifth Grifth Horn & Sheehan, LLP 1530 Humboldt Road, Suite 3 Chico, CA 95928 david@david@°fthlaw.com Larry Lushanko 1241 E. Mission Road Fallbrook, CA 92028 ofce@lgs_ha1