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  • Wayne A Cook, Trustee of the Wayne A Cook 1998 Family Trust Dated 12/29/98 vs Edward f Niderost, Individually and as Trustee of the Edward F Niderost Revocable Living Trust Dated November 8, 1998(26) Unlimited Other Real Property document preview
  • Wayne A Cook, Trustee of the Wayne A Cook 1998 Family Trust Dated 12/29/98 vs Edward f Niderost, Individually and as Trustee of the Edward F Niderost Revocable Living Trust Dated November 8, 1998(26) Unlimited Other Real Property document preview
  • Wayne A Cook, Trustee of the Wayne A Cook 1998 Family Trust Dated 12/29/98 vs Edward f Niderost, Individually and as Trustee of the Edward F Niderost Revocable Living Trust Dated November 8, 1998(26) Unlimited Other Real Property document preview
  • Wayne A Cook, Trustee of the Wayne A Cook 1998 Family Trust Dated 12/29/98 vs Edward f Niderost, Individually and as Trustee of the Edward F Niderost Revocable Living Trust Dated November 8, 1998(26) Unlimited Other Real Property document preview
  • Wayne A Cook, Trustee of the Wayne A Cook 1998 Family Trust Dated 12/29/98 vs Edward f Niderost, Individually and as Trustee of the Edward F Niderost Revocable Living Trust Dated November 8, 1998(26) Unlimited Other Real Property document preview
  • Wayne A Cook, Trustee of the Wayne A Cook 1998 Family Trust Dated 12/29/98 vs Edward f Niderost, Individually and as Trustee of the Edward F Niderost Revocable Living Trust Dated November 8, 1998(26) Unlimited Other Real Property document preview
  • Wayne A Cook, Trustee of the Wayne A Cook 1998 Family Trust Dated 12/29/98 vs Edward f Niderost, Individually and as Trustee of the Edward F Niderost Revocable Living Trust Dated November 8, 1998(26) Unlimited Other Real Property document preview
  • Wayne A Cook, Trustee of the Wayne A Cook 1998 Family Trust Dated 12/29/98 vs Edward f Niderost, Individually and as Trustee of the Edward F Niderost Revocable Living Trust Dated November 8, 1998(26) Unlimited Other Real Property document preview
						
                                

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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 CEB’ Essential cebxom 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 F 'l Essential (ILB .1 ceb.com L‘iEpl‘. "'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 CEB”) Essential _ 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 CEB! Essential ceb.com iii E9115. 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