Preview
Gau bf Cammll
Supar'
F
Sara M. Knowles (SBN 216139) ammurauna
I I
LELAND, MORRISSEY & KNOWLES LLP L L
1660 Humboldt Road, Suite 6 10/15/2020
Chico, CA 95928 E E
D Ki D
Telephone: (530) 342-4500 Ev TI Denny
Facsimile: (530) 345-6836 FILED
Attorneys for John Denton, Conservator of the Estate of
Edward F. Niderost, and as Successor Trustee of the Edward
F. Niderost Revocable Living Trust Dated November 8, 1998.
SUPERIOR COURT OF CALIFORNIA,
COUNTY 0F BUTTE
WAYNE A. COOK, TRUSTEE OF THE CASE NO. 20CV00905
WAYNE A. COOK 1998 FAMILY TRUST
DATED 12/29/98, '
OPPOSITION TO CROSS-DEFENDANT
GENE CULLEY’S MOTION TO
Plainti‘, COMPEL CROSS-COMPLAINTANT
EDWARD F. NIDEROST INDIVIDUALY
v. AND TO TRUSTEE TO RESPOND TO
REQUEST FOR INSPECTION 0F
EDWARD F. NIDEROST, INDIVIDUALLY DOCUMENTS AND AWARD OF
AND AS TRUSTEE OF THE EDWARD F. MONETARY SANCTIONS.
NIDEROST REVOCABLE LIVING TRUST
DATED NOVEMBER 8, 1998, DOES 1
THROUGH 10,
Defendants.
EDWARD F. NIDEROST, INDIVIDUALLY Dat'e: October 28, 2020
Time: 9:00 am.
AND AS TRUSTEE OF THE EDWARD F.
Dept: TBA
NIDEROST REVOCABLE LIVING TRUST
DATED NOVEMBER 8, 1998,
Cross-Complainant,
v.
WAYNE A. COOK, TRUSTEE OF THE
WAYNE A. COOK 1998 FAMILY TRUST
DATED 12/29/98; LAWRENCE
PATTERSON; GENE CULLEY, MID
VALLEY TITLE AND ESCRO COMPANY
-
and ROEs 1 through 25, inclusive,
Cross-Defendants.
OPPOSITION TO CROSS-DEFENDANT GENE CULLEY’S MOTION TO COMPEL CROSS-COMPLAINTANT
EDWARD F. NIDEROST INDIVIDUALY AND TO TRUSTEE TO RESPOND T0 REQUEST FOR INSPECTION
0F DOCUMENTS AND AWARD 0F MONETARY SANCTIONS.
John Danton, as conservator ofthe Estate of Edward F. Niderost, (“Cross-Complainan ”),
and as Successor Trustee of the Edward F. Niderost Revocable Living Trust Dated November 8,
1998, hereby responds to the Cross-Defendant Gene Culley’s Motion to Compel as follows:
1. Cross-Defendant’s Motion is Directed as Edward F. Niderost as an individual and
as the Trustee of the Edward F. Niderost Revocable Living Trust Dated November
8, 1998 and Not To John Denton as the Conservator of the Estate of Edward F.
Niderost and as Successor Trustee of the Edward F. Nidersot Revocable Living
Trust and Must Be Denied as to John Denton as Conservator and Successor
Trustee.
Cross-Defendant seeks discovery 'om Edward F. Niderost as an individual. Such
discovery was not served on Mr. Niderost. While there is a conservator of the Estate of Edward-F.
Niderost, there is no pending conservatorship over the person of Edward F. Niderost.
Additionally, the discovery, and motion to compel, seek documents ‘om the Edward F. Niderost
as the Trustee of the Edward F. Niderost Revocable Living Trust. Mr. Niderost is not the trustee of
the trust as John Denton is the successor trustee. Accordingly, the discovery and motion to compel
were not served on the proper party. Accordingly, the motion must be denied.
I
2. Cross-Defendant’s Motion is Moot as Responses and Documents Were Served on
Cross-Defendant’s Counsel.
0n October 15, 2020 responses to Cross-Defendant Gene Culley’s Request for Production
of Documents, along with documents, were served via email and regular mail on counsel for
Cross-Defendant by counsel for John Denton, as Conservator of the estate of Edward F. Niderost
and as Successor Trustee of the Edward F. Niderost Revocable Living Trust. Such answers were
provided, to the extent possible by John Denton, as the conservator for. the Estate of Edward F.
Niderost and as Successor Trustee of the Edward F. Niderost Revocable Living trust Dated
November 8, 1998 to the extent that he was able to provide responses and documents.
Notwithstanding the above argument that John Denton, as the conservator and successor
trustee were not the named party in the discovery or motion, responses have been provided along
with documents. Accordingly, the motion is now moot. John Denton hereby requests that the
matter be taken off calendar.
OPPOSITION T0 CROSS-DEFENDANT GENE CULLEY’S MOTION T0 COMPEL CROSS-COMPLAINTANT
EDWARD F. NIDEROST INDIVIDUALY AND TO TRUSTEETO RESPOND T0 REQUEST FOR INSPECTION
OF DOCUMENTS AND AWARD OF MONETARY SANCTIONS.
Conclusion
Cross-Defendant Gene Culley’s motion must either be denied as the discovery and motion
were not directed to John Denton as the Conservator of the Estate and Successor Trustee or the
motion must be deemed moot as Mr. Denton has provided responses and documents to the extend
that he was able.
Respectfully submitted,
LELAND, MORRISSEY & KNOWLES m
Dated: October 15, 2020 by rag M- Mo. ow b;
Sara M. Knowles
Attorneys for John Denton, Conservator of the Estate of
Edward F. Niderost, and as Successor Trustee of the Edward
F. Niderost Revocable Living Trust Dated November 8,
1998.
OPPOSITION TO CROSS-DEFENDANT GENE CULLEY'S MOTION T0 COMPEL CROSS-COMPLAINTANT
EDWARD F. NIDEROST INDIVIDUALY AND T0 TRUSTEE TO RESPOND TO REQUEST FOR INSPECTION
OF DOCUMENTS AND AWARD OF MONETARY SANCTIONS.
PROOF 0F SERVICE
I, Sara Knowles, declare:
I am a citizen of the United States and a resident of Butte County, State of California. I
am over the age of 18 years and not a party to the within action. My business address is 1660
Humboldt Road, Suite 6, Chico, CA 95928.
I 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 ofce 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, I caused to be served the Opposition to Cross-Defendant
Gene Culley’s Motion to Compel Cross-Complaintant Edward F. Niderost Individually
and to Trustee to Respond To Request for Inspection of Documents and Award of
Monetary Sanctions.
)=( IllAIL: Placed in the United States mail at Chico, California
l|><
Raymond L. Sandelman, Esq. Larry Lushanko, Esq.
196 Cohasset Road, Suite 225 1241 E. Mission Road
Chico, CA 95926-2284 Fallbrook, CA 92028
Ramond@sandelmanlaw.com ofce@lushankolaw.com
David R. Grifth
Jameson E.P. Sheehan
Grifth Horn & Sheehan, LLP
1530 Humboldt Rd., Suite 3
Chico, CA 95928
david@davidgriithlaw.com
ELECTRONIC SER VICE: I caused a copy of the document(s) to be sent om e-
mail address sknowles@chicolamer.com to the persons at the e-mail addresses
listed in the Service List. I did not receive, within a reasonable time after the
transmission, any electronic message or other indication that the transmission was
unsuccessful.
PERSONAL SER VICE: Delivery by hand to the addressee.
I
I
OVERNIGHT DELIVER Y: Using Federal Express overnight mail addressed as
follows:
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
Executed on October 15, 2020, at Chico, California.
sigma“
Proof of Service
Preview
Gau bf Cammll Supar' F Sara M. Knowles (SBN 216139) ammurauna I I LELAND, MORRISSEY & KNOWLES LLP L L 1660 Humboldt Road, Suite 6 10/15/2020 Chico, CA 95928 E E D Ki D Telephone: (530) 342-4500 Ev TI Denny Facsimile: (530) 345-6836 FILED Attorneys for John Denton, Conservator of the Estate of Edward F. Niderost, and as Successor Trustee of the Edward F. Niderost Revocable Living Trust Dated November 8, 1998. SUPERIOR COURT OF CALIFORNIA, COUNTY 0F BUTTE WAYNE A. COOK, TRUSTEE OF THE CASE NO. 20CV00905 WAYNE A. COOK 1998 FAMILY TRUST DATED 12/29/98, ' OPPOSITION TO CROSS-DEFENDANT GENE CULLEY’S MOTION TO Plainti‘, COMPEL CROSS-COMPLAINTANT EDWARD F. NIDEROST INDIVIDUALY v. AND TO TRUSTEE TO RESPOND TO REQUEST FOR INSPECTION 0F EDWARD F. NIDEROST, INDIVIDUALLY DOCUMENTS AND AWARD OF AND AS TRUSTEE OF THE EDWARD F. MONETARY SANCTIONS. NIDEROST REVOCABLE LIVING TRUST DATED NOVEMBER 8, 1998, DOES 1 THROUGH 10, Defendants. EDWARD F. NIDEROST, INDIVIDUALLY Dat'e: October 28, 2020 Time: 9:00 am. AND AS TRUSTEE OF THE EDWARD F. Dept: TBA NIDEROST REVOCABLE LIVING TRUST DATED NOVEMBER 8, 1998, Cross-Complainant, v. WAYNE A. COOK, TRUSTEE OF THE WAYNE A. COOK 1998 FAMILY TRUST DATED 12/29/98; LAWRENCE PATTERSON; GENE CULLEY, MID VALLEY TITLE AND ESCRO COMPANY - and ROEs 1 through 25, inclusive, Cross-Defendants. OPPOSITION TO CROSS-DEFENDANT GENE CULLEY’S MOTION TO COMPEL CROSS-COMPLAINTANT EDWARD F. NIDEROST INDIVIDUALY AND TO TRUSTEE TO RESPOND T0 REQUEST FOR INSPECTION 0F DOCUMENTS AND AWARD 0F MONETARY SANCTIONS. John Danton, as conservator ofthe Estate of Edward F. Niderost, (“Cross-Complainan ”), and as Successor Trustee of the Edward F. Niderost Revocable Living Trust Dated November 8, 1998, hereby responds to the Cross-Defendant Gene Culley’s Motion to Compel as follows: 1. Cross-Defendant’s Motion is Directed as Edward F. Niderost as an individual and as the Trustee of the Edward F. Niderost Revocable Living Trust Dated November 8, 1998 and Not To John Denton as the Conservator of the Estate of Edward F. Niderost and as Successor Trustee of the Edward F. Nidersot Revocable Living Trust and Must Be Denied as to John Denton as Conservator and Successor Trustee. Cross-Defendant seeks discovery 'om Edward F. Niderost as an individual. Such discovery was not served on Mr. Niderost. While there is a conservator of the Estate of Edward-F. Niderost, there is no pending conservatorship over the person of Edward F. Niderost. Additionally, the discovery, and motion to compel, seek documents ‘om the Edward F. Niderost as the Trustee of the Edward F. Niderost Revocable Living Trust. Mr. Niderost is not the trustee of the trust as John Denton is the successor trustee. Accordingly, the discovery and motion to compel were not served on the proper party. Accordingly, the motion must be denied. I 2. Cross-Defendant’s Motion is Moot as Responses and Documents Were Served on Cross-Defendant’s Counsel. 0n October 15, 2020 responses to Cross-Defendant Gene Culley’s Request for Production of Documents, along with documents, were served via email and regular mail on counsel for Cross-Defendant by counsel for John Denton, as Conservator of the estate of Edward F. Niderost and as Successor Trustee of the Edward F. Niderost Revocable Living Trust. Such answers were provided, to the extent possible by John Denton, as the conservator for. the Estate of Edward F. Niderost and as Successor Trustee of the Edward F. Niderost Revocable Living trust Dated November 8, 1998 to the extent that he was able to provide responses and documents. Notwithstanding the above argument that John Denton, as the conservator and successor trustee were not the named party in the discovery or motion, responses have been provided along with documents. Accordingly, the motion is now moot. John Denton hereby requests that the matter be taken off calendar. OPPOSITION T0 CROSS-DEFENDANT GENE CULLEY’S MOTION T0 COMPEL CROSS-COMPLAINTANT EDWARD F. NIDEROST INDIVIDUALY AND TO TRUSTEETO RESPOND T0 REQUEST FOR INSPECTION OF DOCUMENTS AND AWARD OF MONETARY SANCTIONS. Conclusion Cross-Defendant Gene Culley’s motion must either be denied as the discovery and motion were not directed to John Denton as the Conservator of the Estate and Successor Trustee or the motion must be deemed moot as Mr. Denton has provided responses and documents to the extend that he was able. Respectfully submitted, LELAND, MORRISSEY & KNOWLES m Dated: October 15, 2020 by rag M- Mo. ow b; Sara M. Knowles Attorneys for John Denton, Conservator of the Estate of Edward F. Niderost, and as Successor Trustee of the Edward F. Niderost Revocable Living Trust Dated November 8, 1998. OPPOSITION TO CROSS-DEFENDANT GENE CULLEY'S MOTION T0 COMPEL CROSS-COMPLAINTANT EDWARD F. NIDEROST INDIVIDUALY AND T0 TRUSTEE TO RESPOND TO REQUEST FOR INSPECTION OF DOCUMENTS AND AWARD OF MONETARY SANCTIONS. PROOF 0F SERVICE I, Sara Knowles, declare: I am a citizen of the United States and a resident of Butte County, State of California. I am over the age of 18 years and not a party to the within action. My business address is 1660 Humboldt Road, Suite 6, Chico, CA 95928. I 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 ofce 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, I caused to be served the Opposition to Cross-Defendant Gene Culley’s Motion to Compel Cross-Complaintant Edward F. Niderost Individually and to Trustee to Respond To Request for Inspection of Documents and Award of Monetary Sanctions. )=( IllAIL: Placed in the United States mail at Chico, California l|>< Raymond L. Sandelman, Esq. Larry Lushanko, Esq. 196 Cohasset Road, Suite 225 1241 E. Mission Road Chico, CA 95926-2284 Fallbrook, CA 92028 Ramond@sandelmanlaw.com ofce@lushankolaw.com David R. Grifth Jameson E.P. Sheehan Grifth Horn & Sheehan, LLP 1530 Humboldt Rd., Suite 3 Chico, CA 95928 david@davidgriithlaw.com ELECTRONIC SER VICE: I caused a copy of the document(s) to be sent om e- mail address sknowles@chicolamer.com to the persons at the e-mail addresses listed in the Service List. I did not receive, within a reasonable time after the transmission, any electronic message or other indication that the transmission was unsuccessful. PERSONAL SER VICE: Delivery by hand to the addressee. I I OVERNIGHT DELIVER Y: Using Federal Express overnight mail addressed as follows: I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on October 15, 2020, at Chico, California. sigma“ Proof of Service