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CN-130
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address) FOR COURT USE ONLY
t- David R. Griffith, Esq. 170172
Griffith Horn & Sheehan, LLP
1530 Humboldt Rd., Ste. 3 Superior Court of California
Chico, CA 95928 F
County of Butte
TeLePHONE No. (530) 812-1000 Faxno (optionay: (530)
david@davidgriffithlaw.com
809-1093 |
E-MAIL ADDRESS (Optional)
ATTORNEY FOR (Name) Gene Culley
Cross-Defendant,
SUPERIOR COURT OF CALIFORNIA, COUNTY OF Butte
11/12/2020
‘STREET ADDRESS: 1775 Concord Avenue
MAILING ADDRESS: terk
CITY AND ZIP CODE: Chico, CA 95928 By Deputy
Electronic: FILED
BRANCH NAME:
PLAINTIFF/PETITIONER: Wayne A. Cook, Trustee
DEFENDANT/RESPONDENT: Edward F. Niderost, et al.
CASE NUMBER:
NOTICE OF ENTRY OF JUDGMENT
20CV00905
OR ORDER
(Check one): (&) UNLIMITED CASE () uimiteD CASE
(Amount demanded (Amount demanded was
exceeded $25,000) $25,000 or less)
TO ALL PARTIES:
1 A judgment, decree, or order was entered in this action on (date): November 9, 2020
2. A copy of the judgment, decree, or order is attached to this notice.
Date: November 12 , 2020
Jameson E.P. Sheehan, Esq. si} Goro
Dg
rye oRPRINT
NAME oF [QQ arrorney LA) party wrHouT ATTORNEY) U (SIGNATURE)
Page 1 of 2
Form Approved for Optional Use NOTICE OF ENTRY OF JUDGMENT OR ORDER www.courtinfo.ca.gov
Judicial Councilof California
CIV-130 [New January 1, 2010]
CEB | Essential Culley, Gene
cebcom | {2|Forms:
CN-130
PLAINTIFF/PETITIONER: Wayne A. Cook, Trustee CASE NUMBER:
LL 20CV00905
DEFENDANT/RESPONDENT: Edward F. Niderost, et al.
PROOF OF SERVICE BY FIRST-CLASS MAIL
NOTICE OF ENTRY OF JUDGMENT OR ORDER
(NOTE: You cannot serve the Notice of Entry of Judgment or Order if you are a party in the action. The person who served
the notice must complete this proof of service.)
1 | am atleast 18 years old and not a party to this action. | am aresident of or employed in the county where the mailing took
place, and my residence or business address is (specify):
1530 Humboldt Road, Suite 3
Chico, CA 95928
| served a copy of the Notice of Entry of Judgment or Order by enclosing it in a sealed envelope with postage
fully prepaid and (check one):
a. [) deposited the sealed envelope with the United States Postal Service.
b, [K] placed the sealed envelope for collection and processing for mailing, following this business's usual practices,
with which | am readily familiar. On the same day correspondence is placed for collection and mailing, it is
deposited in the ordinary course of business with the United States Postal Service.
The Notice of Entry of Judgment or Order was mailed
a. on (date): November 12 , 2020
b, from (city and state): Chico, CA
The envelope was addressed and mailed as follows:
a. Name of person served: Name of person served
Sara M. Knowles, Esq. Larry Lushanko, Esq.
Street address: 1660 Humboldt Rd, Suite 6 Street address: 1241 E. Mission Road
City; Chico City: Fallbrook
State andzip code. CA 95928 State and zip code CA 92028
b, Name of person served: Name of person served
Raymond L. Sandelman, Esq. Erwin Williams, Esq.
Street address: 196 Cohasset Road, Suite 225 Street address: 55 Independence Cir, Ste 106
City. Chico City: Chico
State and zip code: CA 95926 State and zip code CA 95973
(-) Names and addresses of additional persons served are attached. (You may use form POS-030(P).)
Number of pages attached 3
| declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date. November 12 , 2020
Jameson Sheehan Gorey
U
(TYPE OR PRINT NAME OF DECLARANT] (SIGNATURE OF DECLARANT)
Page
2 of 2
CIV-190 [New January 1, 2010] NOTICE OF ENTRY OF JUDGMENT OR ORDER
q | Essential
ceb.com f2\Forms" Culley, Gene
11/3/2020
Superior Court of California
DAVID R. GRIFFITH, ESQ. (SBN- 170172)
County of Butte
JAMESON E.P. SHEEHAN, ESQ. (SBN 327287)
|
GRIFFITH, HORN & SHEEHAN, LLP
1530 Humboldt Road, Suite 3
11/09/2020 L
Chico, California 95928 E E
Kimberly Flener, Clerk
Telephone: (530) 812-1000 D D
Facsimile: (530) 809-1093 py) RZ Deputy
Email: david@davidgriffithlaw.com
jameson@griffithandhorn.com
Attorneys for Cross-Defendant,
RANDALL EUGENE CULLEY
THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 IN AND FOR THE COUNTY OF BUTTE
10
WAYNE A. COOK, Trustee of the Case No. 20CV00905
Wayne A. Cook 1998 Family Trust
Dated 12/29/98, [Proposed]
12 ORDER ADOPTING TENTATIVE
Plaintiff, RULING ON CROSS-DEFENDANT’S
13 MOTION TO COMPEL
vs.
14
Date: October 28, 2020
15 EDWARD F. NIDEROST, individually; Time: 9:00 A.M.
and as Trustee of THE EDWARD F. Dept.: 1
16 NIDEROST REVOCABLE LIVING Judge: Hon. Tamara L. Mosbarger
TRUST Dated November 8, 1998;
DOES 1 through 10,
Defendants.
19
20 AND RELATED CROSS-ACTION.
21
22 MW
23
MM
24
Mf
25
Mt
26
1
[Proposed] Order Adopting Tentative Ruling on Cross-Defendant’s Motion to Compel
Electronically Filed
The motion of Cross-Defendant RANDALL EUGENE CULLEY for an order compelling!
Cross-Complainant EDWARD F. NIDEROST, individually, and as Trustee of THE EDWARD
F, NIDEROST REVOCABLE LIVING TRUST dated November 8, 1998, to respond to Request
for Inspection of Documents, Set One, served herein on June 29, 2020, without objections, and to
award monetary sanctions, came on regularly for hearing on October 28, 2020, at 9:00 A.M. in
Dept. 1 of the above-entitled Court, the parties and counsel appearing as indicated in the record
of even date.
Pursuant to local rule 2.9, the Court issued a tentative ruling. No oral argument having
10
been requested, and good cause appearing,
11 IT IS ORDERED that the motion is denied as moot since responses were provided on
12 October 15, 2020.
IT IS FURTHER ORDERED that monetary sanctions in the amount of $1,000.00 are
14
awarded in favor of Cross-Defendant RANDALL EUGENE CULLEY and against Cross-
15
Complainant EDWARD F. NIDEROST, individually, and as Trustee of THE EDWARD F.
16
NIDEROST REVOCABLE LIVING TRUST Dated November 8, 1998, and Cross-Defendant’s
counsel of record herein Sara M. Knowles, Esq.
18
19 11/9/2020
~ wae hee —
DATED:
20
Tamara L. Mosbarger
21 I approve the above order as to form only.
22
23
SARA M. KNOWLES, Esq.
24 Attorney for Conservator John Denton for Defendant
And Cross-Complainant Edward F. Niderost, Individually and
as Trustee of the Edward F. Niderost Revocable Living Trust
dated November 8, 1998
26
2
[Proposed] Order Adopting Tentative Ruling on Cross-Defendant’s Motion to Compel
PROOF OF SERVICE
Tam employed in the County of Butte, State of California, I am over the age of 18 years
and not a party to the within action; my business address is1530 Humboldt Road, Suite 3, Chico,
3 California 95928.
On this date, I served the foregoing document described as:
[PROPOSED] ORDER ADOPTING TENTATIVE RULING
ON CROSS-DEFENDANT’S MOTION TO COMPEL
Said document was served on the interested party or parties in this action by placing a
Sara M. Knowles, Esq. Raymond L. Sandelman, Esq.
Leland, Morrisey & Knowles, LLP Attorney at Law
1660 Humboldt Road, Suite 6 196 Cohasset Road, Suite 225
10 Chico, CA 95928 Chico, CA 95926
Email: sknowle: Chicolar ‘er.com Email: Raymond@sandelmanlaw.com
il Larry Lushanko, Esq.
1241 E. Mission Road
12
Fallbrook, CA 92028
13 Email: office@lushankolaw.com
14 I am familiar with our firm's practice of collection and processing correspondence for
mailing. Under that practice it would be deposited with the U.S. Postal Service on that same day
15 with postage thereon fully prepaid at Chico, California in the ordinary course of business. I am
aware that on motion of the party served, service is presumed invalid if the postal cancellation
16
date or postage meter date is more than one working day after the date of deposit for mailing in
17 this declaration.
18 _X___ (By Mail) I deposited such envelope in the mail at Chico, California. The envelope was
mailed with postage thereon fully prepaid to the person at the address set forth above.
19
X__ (By Electronic Mail) Such document was delivered by electronic mail to the persons at
20
the addresses set forth above, either 1) with prior consent, or 2) pursuant to Cal. Rules of Court,
21 Appendix I, Emergency Rule 12.
22 I declare under penalty of perjury under the laws of the State of California that the above
is true and correct. J further declare that I made the service set forth herein on the date set forth
23 below.
24 Executed on November _8, 2020, at Chico, California.
25
By:
26 Steven Chamberlin
3
[Proposed] Order Adopting Tentative Ruling on Cross-Defendant’s Motion to Compel
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CN-130 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address) FOR COURT USE ONLY t- David R. Griffith, Esq. 170172 Griffith Horn & Sheehan, LLP 1530 Humboldt Rd., Ste. 3 Superior Court of California Chico, CA 95928 F County of Butte TeLePHONE No. (530) 812-1000 Faxno (optionay: (530) david@davidgriffithlaw.com 809-1093 | E-MAIL ADDRESS (Optional) ATTORNEY FOR (Name) Gene Culley Cross-Defendant, SUPERIOR COURT OF CALIFORNIA, COUNTY OF Butte 11/12/2020 ‘STREET ADDRESS: 1775 Concord Avenue MAILING ADDRESS: terk CITY AND ZIP CODE: Chico, CA 95928 By Deputy Electronic: FILED BRANCH NAME: PLAINTIFF/PETITIONER: Wayne A. Cook, Trustee DEFENDANT/RESPONDENT: Edward F. Niderost, et al. CASE NUMBER: NOTICE OF ENTRY OF JUDGMENT 20CV00905 OR ORDER (Check one): (&) UNLIMITED CASE () uimiteD CASE (Amount demanded (Amount demanded was exceeded $25,000) $25,000 or less) TO ALL PARTIES: 1 A judgment, decree, or order was entered in this action on (date): November 9, 2020 2. A copy of the judgment, decree, or order is attached to this notice. Date: November 12 , 2020 Jameson E.P. Sheehan, Esq. si} Goro Dg rye oRPRINT NAME oF [QQ arrorney LA) party wrHouT ATTORNEY) U (SIGNATURE) Page 1 of 2 Form Approved for Optional Use NOTICE OF ENTRY OF JUDGMENT OR ORDER www.courtinfo.ca.gov Judicial Councilof California CIV-130 [New January 1, 2010] CEB | Essential Culley, Gene cebcom | {2|Forms: CN-130 PLAINTIFF/PETITIONER: Wayne A. Cook, Trustee CASE NUMBER: LL 20CV00905 DEFENDANT/RESPONDENT: Edward F. Niderost, et al. PROOF OF SERVICE BY FIRST-CLASS MAIL NOTICE OF ENTRY OF JUDGMENT OR ORDER (NOTE: You cannot serve the Notice of Entry of Judgment or Order if you are a party in the action. The person who served the notice must complete this proof of service.) 1 | am atleast 18 years old and not a party to this action. | am aresident of or employed in the county where the mailing took place, and my residence or business address is (specify): 1530 Humboldt Road, Suite 3 Chico, CA 95928 | served a copy of the Notice of Entry of Judgment or Order by enclosing it in a sealed envelope with postage fully prepaid and (check one): a. [) deposited the sealed envelope with the United States Postal Service. b, [K] placed the sealed envelope for collection and processing for mailing, following this business's usual practices, with which | am readily familiar. On the same day correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service. The Notice of Entry of Judgment or Order was mailed a. on (date): November 12 , 2020 b, from (city and state): Chico, CA The envelope was addressed and mailed as follows: a. Name of person served: Name of person served Sara M. Knowles, Esq. Larry Lushanko, Esq. Street address: 1660 Humboldt Rd, Suite 6 Street address: 1241 E. Mission Road City; Chico City: Fallbrook State andzip code. CA 95928 State and zip code CA 92028 b, Name of person served: Name of person served Raymond L. Sandelman, Esq. Erwin Williams, Esq. Street address: 196 Cohasset Road, Suite 225 Street address: 55 Independence Cir, Ste 106 City. Chico City: Chico State and zip code: CA 95926 State and zip code CA 95973 (-) Names and addresses of additional persons served are attached. (You may use form POS-030(P).) Number of pages attached 3 | declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date. November 12 , 2020 Jameson Sheehan Gorey U (TYPE OR PRINT NAME OF DECLARANT] (SIGNATURE OF DECLARANT) Page 2 of 2 CIV-190 [New January 1, 2010] NOTICE OF ENTRY OF JUDGMENT OR ORDER q | Essential ceb.com f2\Forms" Culley, Gene 11/3/2020 Superior Court of California DAVID R. GRIFFITH, ESQ. (SBN- 170172) County of Butte JAMESON E.P. SHEEHAN, ESQ. (SBN 327287) | GRIFFITH, HORN & SHEEHAN, LLP 1530 Humboldt Road, Suite 3 11/09/2020 L Chico, California 95928 E E Kimberly Flener, Clerk Telephone: (530) 812-1000 D D Facsimile: (530) 809-1093 py) RZ Deputy Email: david@davidgriffithlaw.com jameson@griffithandhorn.com Attorneys for Cross-Defendant, RANDALL EUGENE CULLEY THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF BUTTE 10 WAYNE A. COOK, Trustee of the Case No. 20CV00905 Wayne A. Cook 1998 Family Trust Dated 12/29/98, [Proposed] 12 ORDER ADOPTING TENTATIVE Plaintiff, RULING ON CROSS-DEFENDANT’S 13 MOTION TO COMPEL vs. 14 Date: October 28, 2020 15 EDWARD F. NIDEROST, individually; Time: 9:00 A.M. and as Trustee of THE EDWARD F. Dept.: 1 16 NIDEROST REVOCABLE LIVING Judge: Hon. Tamara L. Mosbarger TRUST Dated November 8, 1998; DOES 1 through 10, Defendants. 19 20 AND RELATED CROSS-ACTION. 21 22 MW 23 MM 24 Mf 25 Mt 26 1 [Proposed] Order Adopting Tentative Ruling on Cross-Defendant’s Motion to Compel Electronically Filed The motion of Cross-Defendant RANDALL EUGENE CULLEY for an order compelling! Cross-Complainant EDWARD F. NIDEROST, individually, and as Trustee of THE EDWARD F, NIDEROST REVOCABLE LIVING TRUST dated November 8, 1998, to respond to Request for Inspection of Documents, Set One, served herein on June 29, 2020, without objections, and to award monetary sanctions, came on regularly for hearing on October 28, 2020, at 9:00 A.M. in Dept. 1 of the above-entitled Court, the parties and counsel appearing as indicated in the record of even date. Pursuant to local rule 2.9, the Court issued a tentative ruling. No oral argument having 10 been requested, and good cause appearing, 11 IT IS ORDERED that the motion is denied as moot since responses were provided on 12 October 15, 2020. IT IS FURTHER ORDERED that monetary sanctions in the amount of $1,000.00 are 14 awarded in favor of Cross-Defendant RANDALL EUGENE CULLEY and against Cross- 15 Complainant EDWARD F. NIDEROST, individually, and as Trustee of THE EDWARD F. 16 NIDEROST REVOCABLE LIVING TRUST Dated November 8, 1998, and Cross-Defendant’s counsel of record herein Sara M. Knowles, Esq. 18 19 11/9/2020 ~ wae hee — DATED: 20 Tamara L. Mosbarger 21 I approve the above order as to form only. 22 23 SARA M. KNOWLES, Esq. 24 Attorney for Conservator John Denton for Defendant And Cross-Complainant Edward F. Niderost, Individually and as Trustee of the Edward F. Niderost Revocable Living Trust dated November 8, 1998 26 2 [Proposed] Order Adopting Tentative Ruling on Cross-Defendant’s Motion to Compel PROOF OF SERVICE Tam employed in the County of Butte, State of California, I am over the age of 18 years and not a party to the within action; my business address is1530 Humboldt Road, Suite 3, Chico, 3 California 95928. On this date, I served the foregoing document described as: [PROPOSED] ORDER ADOPTING TENTATIVE RULING ON CROSS-DEFENDANT’S MOTION TO COMPEL Said document was served on the interested party or parties in this action by placing a Sara M. Knowles, Esq. Raymond L. Sandelman, Esq. Leland, Morrisey & Knowles, LLP Attorney at Law 1660 Humboldt Road, Suite 6 196 Cohasset Road, Suite 225 10 Chico, CA 95928 Chico, CA 95926 Email: sknowle: Chicolar ‘er.com Email: Raymond@sandelmanlaw.com il Larry Lushanko, Esq. 1241 E. Mission Road 12 Fallbrook, CA 92028 13 Email: office@lushankolaw.com 14 I am familiar with our firm's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with the U.S. Postal Service on that same day 15 with postage thereon fully prepaid at Chico, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if the postal cancellation 16 date or postage meter date is more than one working day after the date of deposit for mailing in 17 this declaration. 18 _X___ (By Mail) I deposited such envelope in the mail at Chico, California. The envelope was mailed with postage thereon fully prepaid to the person at the address set forth above. 19 X__ (By Electronic Mail) Such document was delivered by electronic mail to the persons at 20 the addresses set forth above, either 1) with prior consent, or 2) pursuant to Cal. Rules of Court, 21 Appendix I, Emergency Rule 12. 22 I declare under penalty of perjury under the laws of the State of California that the above is true and correct. J further declare that I made the service set forth herein on the date set forth 23 below. 24 Executed on November _8, 2020, at Chico, California. 25 By: 26 Steven Chamberlin 3 [Proposed] Order Adopting Tentative Ruling on Cross-Defendant’s Motion to Compel