Preview
CM-110
ATTORNEY 0R PARTY wrTHOUT ATTORNEY (Name, Stare Bar number, and address): FOR COURT use ONLY
Raymond L. Sandelman SBN 078020
Attorney at Law
196 Cohasset Road, Suite 225
Chico, CA 95926-2284 Superb! Court of California
TELEPHONE N00: (530) 343—5090 FAX No,(0priona/): (530) 343-5091 F F
EMAIL ADDRESS (Optional): Raymond@sandelmanlaw.com I
mm of Bum
ATTORNEY FOR (Name): Wayne A. Cook, Trustee
SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE
L 10/13/2020
STREET ADDRESS: 1775 Concord Avenue E
MAILING ADDRESS: 1775 Concord Avenue D rFl rk
CITY AND ZIP CODE: Chico, CA 95928
y
BRANCH NAME; North Butte County Courthouse {LED
PLAINTIFF/PETITIONER: Wayne A. Cook, Trustee et al.
DEFENDANT/RESPONDENT: Edward F. Niderost, et a].
CASE MANAGEMENT STATEMENT CASE NUMBER:
(Check one): m UNLIMITED CASE D LIMITED CASE 20CV00905
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE Is scheduled as follows:
Date: 10/28/2020 Time: 10:30 Dept: 1 Div.: Room:
Address Of court (if different from the address above):
a Notice of Intent to Appear by Telephone, by (name):
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
1. Party or parties (answer one):
a. D This statement Is submitted by party (name):
b. m This statement is submitted jointly by parties (names):
Wayne A. Cook, individually and as Trustee of The Wayne A. Cook 1998 Family Trust Dated 12/29/98
2. Complaint and cross-complaint (to be answered by plaintiffs and cross—complainants only)
a. The complaint was led on (date): 4/22/2020
b. DThe cross—complaint, if any, was filed on (date):
3. Service (to be answered by plaintiffs and cross-complainants only)
a. m All parties named In the complaint and cross-complaint have been served, have appeared, or have been dismissed.
b. a The following parties named in the complaint or cross-complaint
(1) D have not been served (specify names and explain why not):
(2) D have been served have appeared and have been dismissed (specify names):
but not not
(3) D have default entered against them (specify names):
had a
C. D The following additional parties may be added (specify names, nature of involvement in case, and the date by which
they may be served):
4. Description of case
a. Type of case in m
complaint cross-complaint (Describe, including causes of action):
Complaint: judicial foreclosure
Cross Complaint: Unknown-counsel for Cross—Complainant has promised to amend the pleading
Page 1 of5
Form Adopted for Mandatory Use i _
Essential C A SE MA NA GEME NT STAT EM ENT Cal. Rules of Court,
JudIcIaI CouncII or CaIIromia
CM-110 [Revs July 1, 2011] CEB LEFOl-mg
rules 3720-3730
wwwcourlscagov
cab . com
Cook
CM-110
PLAINTIFF/PETITIONER1Wayne A. Cook, Trustee et al. CASE NUMBER:
20CV00905
DEFENDANT/RESPONDENT: Edward F. Niderost, et a].
4. b. Provide a brief statement of the case, including any damages. (prersonal injury damages are sought, specify the injury and
damages claimed, including medical expenses to date [indicate source and amount], estimated future medical expenses, lost
earnings to date, and estimated future lost earnings. If equitable relief is sought, descn’be the nature of the relief.)
Edward Niderost failed to make payments on a promissory note secured by a deed of trust.
D (If more space is needed, check this box and attach a page designated as Attachment 4b.)
5. Jury or nonjury trial
The party or parties request D a jury trial m a nonjury trial. (/fmore than one party, provide the name of each party
requesting a jury trial):
6. Trial date
a. D The trial has been set for (date):
b. m No trial date has been set, This case will be ready for trial within 12 months of the date ofthe
ling ofthe complaint (if
not, explain):
c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability):
November 2, 4, 11, 17-18, 25, December 2, 4, 6, 8, 14, 15, 16, 2020,
January 6, 20, 26—30, February 16, 22-26, March 15, April 7, 12, 15, 19—23, 26—29, June 7, 8, 14, 15, 28, and 29, 2021.
Counsel for Plaintiff has Court hearings on the above dates.
7. Estimated length of trial
The party or parties estimate that the trial will take (check one):
a. a days (specify number):
b. m hours (short causes) (specify): 4
8. Trial representation (to be answered for each party)
The party or parties will be represented at trial
a. Attorney:
m by the attorney or party listed in the caption D by the following:
b. Firm:
c. Address:
d. Telephone number: f. Fax number:
e. E—mail address: g. Party represented:
D Additional representation is described in Attachment 8.
9. Preference
m This case is entitled to preference (specify code section):
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 has a D
has not provided the ADR information package identied
in rule 3.221 to the client and reviewed ADR options with the client.
(2) For self-represented parties: Party has D D
has not reviewed the ADR information package identified in rule 3.221.
b. Referral to judicial arbitration or civil action mediation (if available).
(1) D
This matter is subject to mandatoryjudicial arbitration under Code of Civil Procedure section 1141 .11 or to civil action
mediation under of Code of Civil Procedure section 1775.3 because the amount in controversy does not exceed the
statutory limit.
(2) D Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount specied in Code of
Civil Procedure section 1141 .1 1.
(3) D 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—110iRev, July 1. 2011i CASE MANAGEMENT STATEMENT Page zofs
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COOk
CM-110
PLAINTIFF/PETITIONER2Wayne A. Cook, Trustee, et a]. CASE NUMBER:
20CV00905
DEFENDANT/RESPONDENT: Edward F. Niderost, et al.
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 specied infomiation):
The patty or parties completing lf 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 (attach a copy of the parties'ADR
processes (check all that app/y): stipulation):
D Mediation session not yet scheduled
(1) Mediation D D Mediation session scheduled for (date):
a Agreed complete mediation by (date):
to
D Mediation completed on (date):
m Settlement conference not yet scheduled
(2) Settlement
conference m D Settlement conference scheduled (date): for
D Agreed complete settlement conference
to by (date):
D Settlement conference completed (date): on
a Neutral evaluation yet scheduled
not
(3) Neutral evaluation D Neutral evaluation scheduled (date):
for
a Agreed complete neutral evaluation by (date):
to
D Neutral evaluation completed (date):on
D Judicial arbitration yet scheduled
not
(4) Nonbinding judicial
arbitration
D Judicial arbitration scheduled for (date):
D Agreed complete judicial arbitration by (date):
to
D Judicial arbitration completed (date):
on
D Private arbitration yet scheduled
not
(5) Binding private
arbitration
D Private arbitration scheduled for (date):
D Agreed complete private arbitration by (date):
to
D Private arbitration completed (date):
on
D ADR session yet scheduled
not
(6) Other (specify): D ADR session scheduled for (date):
D Agreed complete ADR session by (date):
to
D ADR completed on (date):
CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 3 ofs
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"'3 _
Cook
CM-110
PLAINTIFF/PETITIONER: Wayne A. Cook, Trustee et al. CASE NUMBER:
20CV00905
DEFENDANT/RESPONDENT: Edward F. Niderost, etal.
11. Insurance
a. D
Insurance carrier, if any, for party ling this statement (name):
b. Reservation of rights: D
Yes D
No
c. D
Coverage issues will signicantly affect resolution of this case (explain):
12. Jurisdiction
Indicate any matters that may affect the court's jurisdiction or processing ofthis case, and describe the status.
D Bankruptcy DOther (specify):
Status:
13. Related cases, consolidation, and coordination
a. D There are companion, underlying, or related cases.
(1) Name of case:
(2) Name of court:
(3) Case number:
(4) Status:
D Additional cases are described in Attachment 13a.
b. D Amotionto D consolidate D coordinate will be filed by (name party):
14, Bifurcation
a The party or parties intend to le a motion for an order bifurcating, severing, or coordinating the following issues or causes of
action (specify moving party, type of motion, and reasons):
15. Other motions
m The party or parties expect to file the following motions before trial (specify moving party, type ofmotion, and issues):
16. Discovery
a. D The party or parties have completed all discovery.
b. m The following discovery will be completed by the date specified (describe all anticipated discovery):
E Description Qat_e
Wayne A. Cook, Trustee Depositions December 10, 2020
Wayne A. Cook, Trustee lnterrogatories December 10, 2020
Wayne A. Cook, Trustee Document demands December 10, 2020
Wayne A. Cook, Trustee Expert witness depos Per CCP
c. D The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
CM-Ho [Rev July 1. 20111 CASE MANAGEMENT STATEMENT Paged ors
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ceb.com if; Ear—mg.
COOk
CM-110
PLAINTIFF/PETITIONER: Wayne A. Cook, Trustee et a]. CASE NUMBER:
20CV00905
DEFENDANT/RESPONDENT: Edward F. Niderost, et a].
17. Economic litigation
a. D This is a limited civil case (i.e., the amount demanded is $25,000 or iess) and the economic
of Civil Procedure sections 90-98 will apply to this case.
litigation procedures in Code
b. D This is a limited civil case and a motion to withdraw the case from the economic litigation procedures or for additional
discovery will be led (if checked, explain specically why economic litigation procedures relating to discovery or tn'al
should not apply to this case):
18. Other issues
a The party or parties request that the following additional matters be considered or determined at the case management
conference (specify): Wayne Cook will file a motion for preference within the next ten days
19. Meet and confer
a. D The party or parties have met and conferred with all parties on all subjects required by rule 3.724 ofthe California Rules of
Court (if not, explain):
b. After meeting and conferring as required by rule 3.724 ofthe California Rules of Court, the parties agree on the
following
(specify):
20. Total number of pages attached (if any): 0____.___
l am completely familiar with this case and will be
fully prepared to discuss the status of discovery and alternative dispute resolution,
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 required.
Date: October 13, 2020
Raymond l. Sandelman
(TYPE OR PRINT NAME)
’ L‘S/vc/M (SIGNATURE OF PARTY OR ATTORNEY)
b
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY 0R ATTORNEY)
D Additional signatures are attached.
cm-iiOiRev. July 1. 20111 CASE MANAGEMENT STATEMENT Page Sofa
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Cook
PROOF OF SERVICE
196 COHASSET ROAD, SUITE 225, CHICO, CA 95926-2284
I, Wendy Hoy, declare as follows:
I am a resident of the County of Butte, State of California; I am over the
(530) 343-5090 / (530) 343—5091 (FAX)
age of l8 years and
not a party to this action; my business address is 196 Cohasset Road, Suite 225, Chico California
RAYMOND L. SANDELMAN
95926-2284, in said County and State. On today's date, I served the Case Management Statement
ATTORNEY AT LAW
on the following person(s) at the following address(s), in the manner indicated below:
David R. Griffith, Esq. Sara M. Knowles, Esq.
Jameson E.P. Sheehan, Esq. Leland, Morrissey & Knowles LLP
Griffith Horn & Sheehan, LLP 1660 Humboldt Road, Suite 6
1530 Humboldt Road, Suite 3 Chico, CA 95928
Chico, CA 95928
Larry Gene Lushanko
Law Office of Larry G. Lushanko
1241 E Mission Rd.
Fallbrook, CA 92028
BY UNITED STATES MAIL enclosed the documents in a sealed envelope or package
X addressed to the persons at the addresses shown above and placed the
envelope for collection
and mailing, following our ordinary business practices. I am
readily familiar with this
business's practice for collecting and processing correspondence for mailing, it is
deposited in the
ordinary course of business with the United States Postal Service, in a sealed envelope with postage
fully prepaid. I am employed in the county where the mailing occurred. The envelope or package
was placed in the mail at Chico, CA.
BY TRANSMITTING THE DOCUMENT(S) ELECTRONICALLY via the following
X email addresses:david@davidgriffithlaw.com; jameson@griffithandhorn.com;
sknowles@chicolawyer.com; office@lushankolaw.com.
I certify under penalty of perjury that the foregoing is true and correct, and this declaration
of service was executed on October l3, 2020 at Chico, California.
i
Wendy Hoy U U
m.'lorig_datalworklclient directorieslcook, wayne I8I4lpos casemanagement 1013.d0cx
PROOF OF SERVICE