On April 22, 2020 a
Party Discovery
was filed
involving a dispute between
Edward F Niderost, Individually And As Trustee Of The Edward F Niderost Revocable Living Trust Dated November 8, 1998,
Patterson, Lawrence,
Wayne A Cook, Trustee Of The Wayne A Cook 1998 Family Trust Dated 12 29 98,
Wayne A Cook, Trustee Of The Wayne A. Cook 1998 Family Trust Dated 12 29 98,
and
Edward F Niderost, Individually And As Trustee Of The Edward F Niderost Revocable Living Trust Dated November 8, 1998,
for (26) Unlimited Other Real Property
in the District Court of Butte County.
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Erwin Williams (206908) Superb! Gum bf Gamma
MCKERNAN, LANAM, BAKKE & WILLIAMS LLP F F
55 Independence Circle, Suite 106 County of Butts
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Chico, California 95973
L 1/6/2021 L
Tel. (530) 877-4961
Fax (530) 877-8163 E E
Guardian Ad Litem for Edward F. Niderost
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By WmWYFILED
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SUPERIOR COURT 0F CALIFORNIA
COUNTY OF BUTTE
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12 WAYNE A. COOK, TRUSTEE OF THE Case NO. 20CV00905
WAYNE A. COOK 1998 FAMILY TRUST
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DATED 12/29/98, DECLARATION OF JOHN DENTON,
l4 CONSERVATOR OF THE ESTATE OF
Plaintiff, EDWARD F. NIDEROST, IN SUPPORT OF
15 MOTION FOR PROTECTIVE ORDER THAT
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v. THE DEPOSITION OF EDWARD F.
NIDEROST NOT BE TAKEN
l7 EDWARD F. NIDEROST, et al.,
18 Defendants.
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/ Date: January 13, 2021
20 Time: 9:00 a.m.
Dept: 1
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AND RELATED CROSS COMPLAINTS. Judge: The Honorable Tamara L. Mosbarger
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Date Action Filed: April 22, 2020
/ Trial Date: March 29, 2021
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24 I, John Denton, declare:
25 l. I am the court appointed conservator of the estate of Edward F. Niderost, conservatee and
26 defendant in the above stated matter.
27 2. I was deposed by Mr. Sandelman, counsel for Mr. Cook, and Mr. Lushanko, counsel for Mr.
28 Patterson, on December 29, 2020.
Declaration of John Denton in Support of
Motion for Protective Order
Deposition of Edward F. Niderost Not Be Taken Case No. 20CV00905
3. I stated in my deposition. I’ve had conversation with Mr. Niderost in 2.020.
4. [had a personal and business relationship with Mr. Niderost for approximately ten (l O) years prior
to my appointment as probate conservator.
5. Those conversations were short, general in nature and consistent with persons Who have a friendly
relationship, Conversations are based nearly exclusively on “how we are each doing”.
6. lnd Mr. Niderost to be confused and unable to have a conversation of any substance.
I declare under penalty of perjury under the laws of the State of California the foregoing is true
and. correct.
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ll Dated: January 5, 2021
Jolie, Benton
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Declaration of John Benton in Support of
Motion for Protective Qi‘der
Deposition of Edward F. Niderost Not Be Taken Page 2 Case No. 20CV00905
[x PROOF OF SERVICE
I am a citizen 0f the United States and employed in Butte County, California. I am over the age
of eighteen (1 8) years and not a party to the within action. My business address is 55 Independence Circle,
Suite 106, Chico, California 95973. On January 6, 2021, I served the following:
DECLARATION OF JOHN DENTON, CONSERVATOR OF THE ESTATE OF
EDWARD F. NIDEROST, IN SUPPORT OF
MOTION FOR PROTECTIVE ORDER THAT THE DEPOSITION OF
EDWARD F. NIDEROST NOT BE TAKEN
by placing a true copy thereof enclosed in a sealed envelope with postage fully prepaid and:
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(a) depositing the sealed envelope with the United StatesPostaI Service;
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12 (b) placing the envelope for collection and mailing on the date and at the place shown below
following our ordinary business practices. I am readily familiar with this business’ practice for
13 collecting and processing correspondence for mailing. On the same day that correspondence is
placed for collection of business with the United States Postal Service in a sealed envelope with
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postage fully prepaid.
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Via personal service.
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X Via electronic transmittal.
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Via facsimile transmission.
19 Name and address of person served:
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Ray Sandelman, Esq. Sara M. Knowles, Esq.
21 Attorney at Law Leland, Morrissey & Knowles, LLP
196 Cohasset Road, Suite 225 1660 Humboldt Road, Suite 6
22 Chico, CA 95928 Chico, CA 95928
ravmond@sandelmanlaw.com sknowles@chicolawver.com
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Counsel for Plaintiff/Cross—Defendant Wayne Counsel for John Denton, Conservator of the
24 A. Cook Estate of Edward F. Niderost and Successor
Trustee of the Edward F. Niderost Living Trust
25 dated November 8, 1998
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Declaration of John Denton in Support of
Motion for Protective Order
Deposition of Edward F. Niderost Not Be Taken Page 3 Case No. 20CV00905
Larry Lushanko, Esq. David Grifth,
“W?
Esq.
Law Ofces of Larry G. Lushanko Grifth, Horn & Sheehan, LLP
1241 E. Mission Road 1530 Humboldt Road, Suite 3
Fallbrook, CA 92028 Chico, CA 95928
ofce@lushank01aw.com david@davidgrifth1aw.com
Counsel for Cross—Defendant Lawrence Counsel for Cross-Defendant Randall Eugene
Patterson Culley
l declare under penalty of perjury under the laws of the State of California that the foregoing is
true and correct.
Executed on January 6, 2021, at Chico, California. X
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Rebecca Yuhasw
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Declaration of John Denton in Support of
Motion for Protective Order
Deposition of Edward F. Niderost Not Be Taken Page 4 Case No. 20CV00905
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Erwin Williams (206908) Superb! Gum bf Gamma MCKERNAN, LANAM, BAKKE & WILLIAMS LLP F F 55 Independence Circle, Suite 106 County of Butts I I Chico, California 95973 L 1/6/2021 L Tel. (530) 877-4961 Fax (530) 877-8163 E E Guardian Ad Litem for Edward F. Niderost D By WmWYFILED D SUPERIOR COURT 0F CALIFORNIA COUNTY OF BUTTE 10 ll 12 WAYNE A. COOK, TRUSTEE OF THE Case NO. 20CV00905 WAYNE A. COOK 1998 FAMILY TRUST l3 DATED 12/29/98, DECLARATION OF JOHN DENTON, l4 CONSERVATOR OF THE ESTATE OF Plaintiff, EDWARD F. NIDEROST, IN SUPPORT OF 15 MOTION FOR PROTECTIVE ORDER THAT 16 v. THE DEPOSITION OF EDWARD F. NIDEROST NOT BE TAKEN l7 EDWARD F. NIDEROST, et al., 18 Defendants. 19 / Date: January 13, 2021 20 Time: 9:00 a.m. Dept: 1 21 AND RELATED CROSS COMPLAINTS. Judge: The Honorable Tamara L. Mosbarger 22 Date Action Filed: April 22, 2020 / Trial Date: March 29, 2021 23 24 I, John Denton, declare: 25 l. I am the court appointed conservator of the estate of Edward F. Niderost, conservatee and 26 defendant in the above stated matter. 27 2. I was deposed by Mr. Sandelman, counsel for Mr. Cook, and Mr. Lushanko, counsel for Mr. 28 Patterson, on December 29, 2020. Declaration of John Denton in Support of Motion for Protective Order Deposition of Edward F. Niderost Not Be Taken Case No. 20CV00905 3. I stated in my deposition. I’ve had conversation with Mr. Niderost in 2.020. 4. [had a personal and business relationship with Mr. Niderost for approximately ten (l O) years prior to my appointment as probate conservator. 5. Those conversations were short, general in nature and consistent with persons Who have a friendly relationship, Conversations are based nearly exclusively on “how we are each doing”. 6. lnd Mr. Niderost to be confused and unable to have a conversation of any substance. I declare under penalty of perjury under the laws of the State of California the foregoing is true and. correct. 10 ll Dated: January 5, 2021 Jolie, Benton 12 13 l4 15 16 17 l9 20 21 22 23 24 25 26 27 28 Declaration of John Benton in Support of Motion for Protective Qi‘der Deposition of Edward F. Niderost Not Be Taken Page 2 Case No. 20CV00905 [x PROOF OF SERVICE I am a citizen 0f the United States and employed in Butte County, California. I am over the age of eighteen (1 8) years and not a party to the within action. My business address is 55 Independence Circle, Suite 106, Chico, California 95973. On January 6, 2021, I served the following: DECLARATION OF JOHN DENTON, CONSERVATOR OF THE ESTATE OF EDWARD F. NIDEROST, IN SUPPORT OF MOTION FOR PROTECTIVE ORDER THAT THE DEPOSITION OF EDWARD F. NIDEROST NOT BE TAKEN by placing a true copy thereof enclosed in a sealed envelope with postage fully prepaid and: 10 (a) depositing the sealed envelope with the United StatesPostaI Service; ll 12 (b) placing the envelope for collection and mailing on the date and at the place shown below following our ordinary business practices. I am readily familiar with this business’ practice for 13 collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection of business with the United States Postal Service in a sealed envelope with l4 postage fully prepaid. 15 Via personal service. 16 X Via electronic transmittal. 17 18 Via facsimile transmission. 19 Name and address of person served: 20 Ray Sandelman, Esq. Sara M. Knowles, Esq. 21 Attorney at Law Leland, Morrissey & Knowles, LLP 196 Cohasset Road, Suite 225 1660 Humboldt Road, Suite 6 22 Chico, CA 95928 Chico, CA 95928 ravmond@sandelmanlaw.com sknowles@chicolawver.com 23 Counsel for Plaintiff/Cross—Defendant Wayne Counsel for John Denton, Conservator of the 24 A. Cook Estate of Edward F. Niderost and Successor Trustee of the Edward F. Niderost Living Trust 25 dated November 8, 1998 26 27 28 Declaration of John Denton in Support of Motion for Protective Order Deposition of Edward F. Niderost Not Be Taken Page 3 Case No. 20CV00905 Larry Lushanko, Esq. David Grifth, “W? Esq. Law Ofces of Larry G. Lushanko Grifth, Horn & Sheehan, LLP 1241 E. Mission Road 1530 Humboldt Road, Suite 3 Fallbrook, CA 92028 Chico, CA 95928 ofce@lushank01aw.com david@davidgrifth1aw.com Counsel for Cross—Defendant Lawrence Counsel for Cross-Defendant Randall Eugene Patterson Culley l declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on January 6, 2021, at Chico, California. X 10 ll t . \ WW"? é [W'7 Rebecca Yuhasw 12 13 l4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Declaration of John Denton in Support of Motion for Protective Order Deposition of Edward F. Niderost Not Be Taken Page 4 Case No. 20CV00905