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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—1 1 0 ATTORNEY OR PARTY WITHOUT ATI'ORN ame SM: Bar number. and m): Sara M. Knowles (SBN 2 6739) Leland, Morrissey & Knowles LLP 1660 Humboldt Road, Suite 6 Chico, CA 95928-9199 TELEPHONE NO: (530) 342-4500 FAX No. (Optima: (530) 345-6836 F SUN“ cu m 5f Cam m l. F EMAIL Annasss (omnaosknowles@chicolawyer.com | cw”? “f Bum I ATTORHEY FOR (Name): SUPERIOR COURT 0F cALIFORNIA, COUNTY 0F Butte L 10/16/2020 L smear monass: 1775 Concord Avenue E E MAILING FDDRESS: D K D CITYAND ZIPcooE: Chlco CA 95928 I By BRANCH NAME: m .r ED PLAINTIFF/PETITIONER: way“ A' C0019 TruStee DEFENDANT/RESPONDENT: Edward F. Niderost, et, a], CASE MANAGEMENT STATEMENT 9‘55 NUMBER: (Check one): E] UNLIMITED CASE E LIMITED CASE 20CV00905 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: October 28, 2020 Time: 10:30 a.m. Dept: Div.: Room: Address cvf court (if different from the address above): m Notice of Intent to Appear by Telephone, by (name): Sara M_ Knowles INSTRUCTIONS: All applicable boxes must be Checked, and the specied information must be provided. 1. Party or parties (answer one): a. m This statement is submitted by party (name): Conservator Ind Successor Tulle: John Demon for Defendanl and Cross—Complainant Edward F. Niderod b. E This statement is submitted jointly by parties (names): 2. Complaint and cross-complaint (to be answered by piaintiffs and cross—complainants only) a. The complaint was led on (date): April 22, 2020 b. [E The cmssmmplaint, ifany, was led on (date).- June 12, 2020 3. Service (to be answered by piaintis and cross-complainants only) a. [E All parties named in the complaint and cross-complaint have been sewed, have appeared, or have been dismissed. b. E The following paIties named in the complaint or cross-complaint (1) E have not been served (specify names and explain why not): (2) E have been served but have not appeared and have not been dismissed (specify names): (3) E have had a default entered against them (specify names): C. E The following additional parties may be added (speci/ names, nature ofinvoivement in case, and date by which they may be served): 4. Description of case a- TVPe 0f case In D complaint DIG cross-complaint (Describe. including causes of action): Elder Abuse, Common Count, Civil Conspiracy to Commit Fraud, Involuntary Trust, Fraud, Declaratory and Injunctive Relief, Breach of Fiduciary Duty, Unconscionability, Predatory Lending , Cancellation of Instruments, and Breach 0f The Covenant Of Good Faith And Fair Dealing Pagr are Form Adopted for Mandatory Use Judicial Coureil of California CASE MANAGEM ENT s TATEM ENT Cal. Rule: ol' Court, rules 1720—1730 CM-1 10 [Rem July f, 201 1| www.murte.ca,gov CM-1 1 0 _ PLAINTIFF/PETrTIONER: Wayne A. Cook, Trustee cgsemgrgbos OC DEFENDANT/RESPONDENT; Edward F. Niderost, ct. a1. 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, describe the nature of the relief.) Defendant, through Conservator, seeks to nullify two real property transactions as Defendant was a victim of elder abuse. D (if more space is needed, check this box and attach a page designated as Attachment 4b.) 5. Jury or nonjury trial The party er parties request D a jury trial I I a nonjury trial. (lfmore than one party, provide the name ofeach party requesting a jury trial): 6. Trial date a. E The trial has been set for (date): b. E No trial date has been set. This case will be ready for trial within 12 months of the date of the ling 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): October 23-30 (vacation); Nov. 5 (hearing); Nov. 16-20 (trial); Nov. 30- Dec. 4 (arbitration); Dec. 11, 18 (Judge Pro Tem); Dec. 22- Jan. 5 (vacation); Jan. 20-29 (trial); April 1, 24-30 (trial); May 7, 10 (personal obligations) 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. E days (specify number): 4-5 b. D hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial a. Attorney: E] by the attorney or party listed in the caption E by the following: b. Firm: c. Address: d. Telephone numben f. Fax number. e E-rnai| address: E Additional representation is described in Attachment 8. g, Party represented: 9. Preference D This case is entitled to preference (speciw 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 Ehas has not E 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 E has E has not reviewed the ADR information package identied in rule 3.221. b. Referral to judicial arbitration or civil action mediation (if available). (1) E This matter is sub'ect to mandatory judicial arbitration under Code of Civil Procedure section 1141 .11 or to civil action under ode of Civil Procedure section 1775.3 because the amount in controversy does not exceed the mediationl imit. statutory (2) E Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount specied Civil Procedure section 1141 .1 1. in Code of (3) This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Courtor from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): Less than 18 judges cit-no {Rum 1. 2011] CASE MANAGEMENT STATEMENT [IDEID DUDE DUDE DUDE DUDEI DUDE Old-110 PLAINTIFFIPETIT'ONER: CASE NUMBER: Wayne A. Cook, Trustee DEFENDANTIRESPONDENT: Edward 20CV00905 F. Niderost, ct. a1_ 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 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 (attach a copy of the parties'ADR processes (check all that apply): stipulation): Mediation session not yet scheduled (1) Mediation m Mediation session scheduled for (date): Agreed to complete mediation by (date): Mediation completed on (date): Settlement conference not yet scheduled (2) Settlement conference m Settlement conference scheduled for (date): Agreed to complete settlement conference by (data): Settlement conference completed on (date): Neutral evaluation not yet scheduled (3) Neutral evaluation D Neutral evaluation scheduled for (date): Agreed to complete neutral evaluation by (date): Neutral evaluation completed on (date): Judicial arbitration not yet scheduled (4) Nonbinding judicial arbitration E Judicial arbitration scheduled for (date): Agreed to complete judicial arbitration by (date): Judicial arbitration completed on (data): Private arbitration not yet scheduled (5) Binding private arbitration D Private arbitration scheduled for (date): Agreed to complete private arbitration by (date): Private arbitration completed on (date): ADR session not yet scheduled (6) Other (specify): E ADR session scheduled for (date): Agreed to complete ADR session by (date): ADR completed on (date): cu-11olnev..imy1.2o11| Pageants CASE MANAGEMENT STATEMENT CASE Mumaen: PLAINTIFFPETITIONER: _ Wayne A_ Cook, Trustee . 20CV00905 Edward F. Nlderost, ct. a1. . DEFENDANT/RESPONDENT: 11. Insurance a. E Insurance carrier, if any, for party ling this statement (name): b. Reservation of rights: Yes E No E 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 of this case and desa'ibe the status. D Bankruptcy E Other (specify): Status: 13. Related cases, consolidation, and coordination a_ E There are companion, underlying. or related oases. (1) Name of case: (2) Name of oourt: (3) Case number: (4) Status: D Additional cases are described in Attachment 1 3a. b. D A motion to D consolidate D coordinate will be led by (name party): 14. Bifurcation E The party or parties intend to le a motion for an order bifurcating, severing. or coordinating the following issues or causes of action (speciij/ moving party, type of motion, and reasons): 15. other motions D The party or parties expect to le the following muons before trial (woolly moving party, type emotion, and issues): 16. Discovery a. E The party or parties have completed all discovery. b. The following discovery will be completed by the date specied (describe all anti'a'pated discovery): Description Defendant Depositions February 2021 Defendant Written Discovery May 2021 Defendant Expert Witnesses Per Code c, E The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specil): owl-no rauauly l. 1011] Pm 4 on CASE MANAGEMENT STATEMENT CM-1 10 WE ”UMBER PLAINTIFF/PETITIONER: Wayne A. Cook, Trustee 20CV00905 EEFENDANTIRESPONDENT: Edward F- NideTOSt, et- al- 17. Economic litigation a. E 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. E 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 trial should not apply to this case): 18. Other issues E 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. E] 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 not, explain): b. Alter meeting and conferring as required by rule 3.724 of the California Rules of Court, me parties agree on the following (specify): 20. Total number of pages attached (if any): |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 16, 2020 SaraM.Knowles (TYPE 0R PRINT NAME) ’ g2: i3 a ”A, ti: g (SIGNATURE OF PARTY OR ATTORNEY) D (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) D Additional signatures are attached. cm” IR“ “I” 1' 2°” CASE MANAGEMENT STATEMENT "“5“" PROOF OF SERVICE I, Sarah Vercruysse, 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 Case Management Statement by: HHHHHr—IHHHI—I é MAIL: Placed in the United States mail at Chico, California l>< Raymond L. Sandelman, Esq. Larry Lushanko, Esq. I96 Cohasset Road, Suite 225 1241 E. Mission Road Chico, CA 95926-2284 Fallbrook, CA 92028 Ra 0nd 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@davidgrifthlaw.com NNN ELECTRONIC SERWCE: I caused a copy of the document(s) to be sent from e- mail address svercruysse@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 unsuccessrl. NM PERSONAL SER VICE: Delivery by hand to the addressee. OVERNIGHT DELIVER Y: Using Federal Express overnight mail addressed as follows: l- | I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on October l6, 2020, at Chico, California. ghrah Vercruysse g Proof of Service