Preview
Raymond L. Sandelman SBN 078020 Superior Court of California
Attorney at Law County of Butte
196 Cohasset Road, Suite 225
Chico, CA 95926-2284 1/5/2021
(530) 343-5090 / (530) 343-5091 (FAX)
Email:Raymond@sandelmanlaw.com Kingoey leper éerk
By Deputy
Electronically FILED
Attorney for Wayne A. Cook, individually
And as Trustee of The Wayne A. Cook 1998
Family Trust Dated 12/29/98
SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF BUTTE
10
WAYNE A. COOK, TRUSTEE OF THE NO.: 20CV00905
11 WAYNE A. COOK 1998 FAMILY
12 TRUST DATED 12/29/98, NOTICE OF MOTION FOR ISSUE
Plaintiff, SANCTIONS, EVIDENCE SANCTIONS,
13 AND/OR ORDER DIRECTING JOHN
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DENTON, SUCCESSOR TRUSTEE TO
PRODUCE DOCUMENTS PROMISED IN
15 JOHN DENTON, SUCCESSOR TRUSTEE’S
EDWARD F. NIDEROST, et. al., RESPONSE TO DOCUMENT DEMAND FOR
16 FAILURE TO COMPLY WITH DISCOVERY
Defendants.
17 ORDER, AND MONETARY SANCTIONS;
/ MEMORANDUM OF POINTS AND
18 AUTHORITIES
AND RELATED CROSS COMPLAINTS
19 Attached Document: Declaration Of Raymond L.
/
Sandelman
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21 Hearing Date: 2/3/2021
Hearing Time: 9:00 a.m.
22 Department: 1
Judge: Tamara Mosbarger
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Date of Complaint: 4/22/2020
24 Trial Date: 3/29/2021
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26 TO JOHN DENTON, SUCCESSOR TRUSTEE OF THE EDWARD F. NIDEROST
27 REVOCABLE LIVING TRUST DATED NOVEMBER 8, 1998 AND HIS ATTORNEYS
28 LELAND, MORRISSEY & KNOWLES LLP:
1
NOTICE OF MOTION FOR ISSUE SANCTIONS, EVIDENCE SANCTIONS, AND/OR ORDER
DIRECTING
JOHN DENTON, SUCCESSOR TRUSTEE TO PRODUCE DOCUMENTS PROMISED IN JOHN
DENTON,
SUCCESSOR TRUSTEE’S RESPONSE TO DOCUMENT DEMAND FOR FAILURE TO COMPLY
WITH
DISCOVERY ORDER, AND MONETARY SANCTIONS
PLEASE TAKE NOTICE that on February 3, 2021 at 9:00 a.m., or as soon thereafter as
the matter may be heard, in Department 1 of the above-entitled court, located at 1775 Concord
Avenue, Chico, California, Wayne Cook, Trustee of The Wayne A. Cook 1998 Family Trust Dated
12/29/98 (hereafter referred to as “Wayne Cook, Trustee”) will move the court for orders (a)
imposing an issue sanction against John Denton, successor trustee of The Edward F. Niderost
Revocable Living Trust Dated November 8, 1998 (hereafter referred to as “John Denton, Successor
Trustee”), (b) imposing an evidence sanction against John Denton, Successor Trustee, and/or (c)
directing John Denton, Successor Trustee to produce and permit inspection and copying the
documents that were promised in John Denton, Successor Trustee's response to Wayne Cook,
10 Trustee 's Demand for Inspection of Documents, Set Number Three. Wayne Cook, Trustee will
11 further move the court for an order that John Denton, Successor Trustee and his attorneys, Leland,
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12 Morrissey & Knowles LLP pay $885.00 as reasonable costs and expenses, including attorney's fees
oe
os 13
BYR incurred in this proceeding. This motion is made on the grounds that the discovery is relevant to
BS5a
BAOF
SianoA
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aAx
15 Tam unable to comply with the request because the requested document has
never existed
16 RESPONSE TO DEMAND FOR PRODUCTION NO. 25:
17 After a diligent search and reasonablei inquiry for the documents described
| in this request, >
18 jl am unable to comply with the request because the requested document has
never existed.
19 | RESPONSE TO DEMAND FOR PRODUCTION NO. 26
20 The request will be allowed in whole and responsive documents in the possessi
on,
21 custody or control of the Responding Party will be produced.
22 RESPONSE TO DEMAND FOR PRODUCTION NO. 27:
23 After a diligent search and reasonable inquiry for the documents described
in this request,
24 Tam unable to comply with the request because the requested document has
never existed
25 RES PONSE
——_—_—_ —>_——_ TO DEMAN
EEO D EA
FOR PRODU
AUCCTION NO. 28:2
28:
ION NO,
26 The request will be allowed in whole and responsive documents in the
possession,
27 _ custody or control of the Responding Party will be produced.
28 RESPONSE TO DEMAND FOR PRODUCTION NO. 29:
3
RESPONSE TO DEMAND FOR PRODUCTION OF DOCUMENTS, SET NO. THREE
The request will be allowed in whole and responsive documents in the possession.
custody or control of the Responding Party will be produced.
LELAND, MORRISSEY & KNOWLES ir
Dated: Decemberz2 | , 2020
Patl
i
Attorney for Defendant Edward Niderost,
Individually and as Trustee of the Edward F.
Niderost Revocable Living Trust Dated November
8, 1998
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RESPONSE TO DEMAND FOR PRODUCTION OF DOCUMENTS, SET NO. THREE
1:
VERIFICATION
J, John Denton, am the successcr trustee of the Edward F. Niderost Revocable
Living Trust
Dated November 8, 1998 in this proceeding. I have read the Response to Demand
for Production off
Documents, Set No. Three and verify the contents thereof. Thave personal knowledge
of the facts
therein alleged, except as to those facts alleged on information and belief and, as to
such facts, I
believe them to be true.
I declare und
the er
penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
10 Executed this A Tay of December, 2020 at Chico, California.
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13 Jol nton.
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RESPONSE TO DEMAND FOR PRODUCTION OF DOCUMENTS, SET NO. THREE
EXHIBIT 2
Raymond L. Sandelman
From: Raymond L. Sandelman
Sent: Tuesday, December 22, 2020 4:28 PM
To: "Sara Knowles’
Subject: FW: Discovery Due Dates - Cook v. Niderost
Attachments: Proof of Service 12-21-20.pdf; First Amended Response to RFA to Denton, Set One-
Amended.pdf; First Amended Response to RFA, Set Four.pdf; Response to Special
Interrogs, Set One.pdf; Response to Demand for Production to Denton, Set Three.pdf;
Response to Amended Demand for Production to Denton, Set Two-Amended.pdf;
Response to Amended Demand for Production to Denton, Set One-Amended.pdf;
Response to Form Interogs to Denton, Set Two-Amended.pdf; Response to Form
Interogs to Denton, Set One-Amended.pdf
Sara:
| received no documents despite the promises under penalty of perjury to do so. If! do not received
the responsive
documents by noon tomorrow, | will file an appropriate motion and seek monetary sanctions.
If there is some reason
why the responsive documents were not provided, please advise me by noon tomorrow.
RAYMOND L. SANDELMAN
Attorney at Law
196 Cohasset Road, Suite 225
Chico, CA 95926-2284
(530) 343-5090
(530) 343-5091 (Fax)
Raymond@sandelmanlaw.com
NOTE: This email is confidential and is intended for the recipient(s) listed. If you are not a listed recipient or someone authorized to
receive email on behalf ofa listed recipient, please reply to the sender that the email was misdirected and
delete the email. Thank you.
From: Sarah Vercruysse
Sent: Tuesday, December 22, 2020 3:46 PM
To: Raymond L. Sandelman
Cc: Sara Knowles
Subject: RE: Discovery Due Dates - Cook v. Niderost
Mr. Sandelman,
Please see attached.
Thank you
From: Sara Knowles
Sent: Tuesday, December 22, 2020 3:23 PM
To: Raymond L. Sandelman
ncaa 2.
EXHIBIT 3
Raymond L. Sandelman
From: Raymond L. Sandelman
Sent: Thursday, December 24, 2020 3:45 PM
To: ‘Sara Knowles’
Subject: FW: Discovery Due Dates - Cook v. Niderost
Attachments: Proof of Service 12-21-20.pdf; First Amended Response to RFA to Denton, Set One-
Amended.pdf; First Amended Response to RFA, Set Four.pdf; Response to Special
Interrogs, Set One.pdf; Response to Demand for Production to Denton, Set Three.pdf;
Response to Amended Demand for Production to Denton, Set Two-Amended.pdf;
Response to Amended Demand for Production to Denton, Set One-Amended.pdf
Response to Form Interogs to Denton, Set Two-Amended.pdf; Response to Form
Interogs to Denton, Set One-Amended.pdf
Sara:
| still have not received any documents even though the responses served on Monday stated that documents would be
produced.
! received documents for John Denton, Conservator’s responses to Wayne Cook's demands Set One, from yesterday.
That is separate from my complaint above (that was communicated on December 22, 2020). | have advised you in a
separate email about the deficiencies of the responses to Wayne Cook’s demands Set One. | will proceed with the
motion to compel and seek sanctions for the failure to comply with the Court’s order.
RAYMOND L. SANDELMAN
Attorney at Law
196 Cohasset Road, Suite 225
Chico, CA 95926-2284
(530) 343-5090
(530) 343-5091 (Fax)
Raymond! sandelmanlaw.com
NOTE: This email is confidential and is intended for the recipient(s) listed. If you are nota listed recipient or someone authorized to
receive email on behalf of a listed recipient, please reply to the sender that the email was misdirected and delete the email. Thank you.
From: Raymond L. Sandelman
Sent: Tuesday, December 22, 2020 4:28 PM
To: 'Sara Knowles'
Subject: FW: Discovery Due Dates - Cook v. Niderost
Sara:
| received no documents despite the promises under penalty of perjury to do so. If | do not received the responsive
documents by noon tomorrow, | will file an appropriate motion and seek monetary sanctions. If there is some reason
why the responsive documents were not provided, please advise me by noon tomorrow.
RAYMOND L. SANDELMAN
Attorney at Law
196 Cohasset Road, Suite 225
Chico, CA 95926-2284
(530) 343-5090
(530) 343-5091 (Fax)
exMeyr_—3
EXHIBIT 4
Raymond L. Sandelman SBN 078020
Attorney at Law
196 Cohasset Road, Suite 225
Chico, CA 95926-2284
(530) 343-5090 / (530) 343-5091 (Fax)
Email:Raymond@sandelmanlaw.com
Attorney for Wayne A. Cook, Trustee of
The Wayne A. Cook 1998 Family Trust
Dated 12/29/98
SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF BUTTE
10
NO.: 20CV00905
11 WAYNE A. COOK, TRUSTEE OF THE
WAYNE A. COOK 1998 FAMILY DEMAND FOR PRODUCTION OF
12 TRUST DATED 12/29/98, DOCUMENTS
13
Plaintiff,
14
vs.
15
16 EDWARD F NIDEROST,
INDIVIDUALLY AND AS TRUSTEE OF
17 THE EDWARD F, NIDEROST
REVOCABLE LIVING TRUST DATED
18
NOVEMBER 8, 1998, DOES 1
19 THROUGH 10,
20 Defendants.
21
22 AND RELATED CROSS COMPLAINT
/
23
24 PROPOUNDING PARTY: Wayne A. Cook, Trustee
25 RESPONDING PARTY: Edward F. Niderost, Trustee of The Edward F. Niderost
26 Revocable Living Trust Dated November 8, 1998 by
27 John Denton, successor trustee
28
exwom_{_
SET NUMBER: Three
DEMAND FOR PRODUCTION OF DOCUMENTS
Pursuant to Code of Civil Procedure section 2031.010 et seq., demand
is hereby made upon
Responding Party to produce for inspection and copying the documents
described below. The
documents should be produced on September 29, 2020 at 10:00 a.m. at
the law office ofRaymond
L. Sandelman, located at 196 Cohasset Road, Suite 225, Chico, California 95926-2
284. As an
alternative to producing the documents at the law office of Raymond
L. Sandelman, Responding
Party may, if it desires, send legible photocopies of the demanded documen
ts to the attorney for
Propounding Party, so long as the documents are received prior to Septemb
er 29, 2020 at 10:00
a.m.
Documents produced at the law office of Raymond L. Sandelman will be inspected and
10) copied. The documents will not be permanently altered or destroyed.
11
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sé
oe INSTRUCTIONS
os
22S 13 1. You are requested to respond to this demand within thirty days from the
date of service,
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oun ae 14 by serving a response under oath pursuant to Code of Civil Procedure section
AS 2031.210 in which
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SS 15 you respond separately as to each item or category of items of documents
Sea demanded:
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16 (a) A statement that Responding Party will comply with this particular demand
for inspection;
58
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go 17 or
18 (b) A statement that Responding Party lacks the ability to comply with the demand for
19 inspection; or
20 (c) An objection to the demand, either in its entirety or in some particular respect.
21 2. Pursuant to Code of Civil Procedure section 2031.220, a statement that Responding Party
22 will comply with a particular demand shall state all of the following:
23 (a) That the production and inspection will be allowed, either in whole or in
part;
24 (b) That all documents in a demanded category that are in the possession, custody,
or control
25| of Responding Party and to which no objection is being made will be included in the production.
26 3. Pursuant to Code of Civil Procedure section 2031.230, any representation
of inability to
27 comply with a particular demand for inspection shall affirm that a diligent
search and a reasonable
28 inquiry has been made in an effort to comply with the demand. This statement shall also specify
2
DEMAND FOR PRODUC
OF TIO
DOCUME
N NTS
whether the inability to comply is because the particular item or category of item:
(a) has never existed;
(b) has been destroyed;
(c) has been lost, misplaced, or stolen; or
(d) has never been, or is no longer in the possession, custody or control of Responding Party,
as well as the name and address of any material person or organization known, or believed by
Responding Party to have possession, custody, or control of that item or category of item.
4. Pursuant to Code of Civil Procedure section 2031.240(b), any objection to production of
a demanded document shall set forth clearly the extent of and the specific ground for the objection.
10 If an objection is based on a claim of privilege, the particular privilege invoked shall be stated,
and
11 the documents claimed to be privileged shall be identified with particularity.
Bo
aR 12 5. Pursuant to Code of Civil Procedure section 2031.280,
sé
be any documents demanded shall
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as 14) correspond with the categories in this demand. If necessary, Responding Party shall (at the
douse
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goa 15) reasonable expense of Propounding Party), through detection devices, translate any data
ge08Sf 16] computations included in this demand into reasonably usable form. Propounding Party prefers that
aa
be
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ge 17 Responding Party produce hard copies of electronically stored information, however Propound
ing
18} Party will accept the production of electronically stored information on a disc or flash drive.
19)
20) DEFINITIONS
21 For purposes of this set of document demands, the terms used herein are defined as follows:
22 “FINANCIAL ACCOUNT” means a bank account, checking account, savings account,
23 money market account or credit union account.
24 “FINE $500,000 NOTE” means a promissory note dated February 18, 2020 in the amount
25 of $500,000, a copy of which is attached hereto marked Exhibit 1.
26 “LACKED THE CAPACITY TO MAKE A DECISION” means a lacking of the capacity
27 to make a decision as defined in Prob. Code, § 811.
28 “REAL PROPERTY” means the real property commonly known as 2185 Esplanade, Chico,
3
DEMAND FOR PRODUCTION
OF DOCUMENTS
Butte County, California.
“WRITING” is used as such term is defined in Evidence Code section 250, and means
handwriting, typewriting, printing, photostating, photographing, photocopying, transmitting by
electronic mail or facsimile, and every other means of recording upon
any tangible thing, any form
of communication or representation, including letters, words, pictures
, sounds, or symbols, or
combinations thereof, and any record thereby created, regardless of the
manner in which the record
has been stored.
“YOU” and “YOUR” means Edward F. Niderost, Trustee of The Edward F. Niderost
Revocable Living Trust Dated November 8, 1998 by John Denton, successo
r trustee.
10)
11 DESIGNATION OF DOCUMENTS DEMANDED
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aR 12 17. Each WRITING evidencing any statement from any financial institution
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oe for any portion
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13 of the period of January 18, 2020 through February 18, 2020, for any FINANC
IAL ACCOUNT
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gaanae 14] in the name of Edward F. Niderost, Trustee of The Edward F. Niderost Revocable Living Trust
RAR
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15) Dated November 8, 1998.
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ofaa 16) 18. Each WRITING evidencing any statement from any financial institution for
5S
any portion
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17 of the period of January 18, 2020 through February 18, 2020, for any FINANCIAL ACCOUNT
18 in the name of Edward F. Niderost.
19 19. Each WRITING evidencing any debt of more than $2,000 owed by Edward
F. Niderost,
20} Trustee of The Edward F. Niderost Revocable Living Trust Dated November 8, 1998 as of February
21 18, 2020.
22 20. Each WRITING evidencing any debt of more than $2,000 owed by Edward F. Niderost,
23 as of February 18, 2020.
24] 21. If YOU contend that at the time of the execution of the FINE $500,000
NOTE Edward
25 F. Niderost, Trustee of The Edward F. Niderost Revocable Living Trust Dated November 8, 1998
26 did not have the ability to repay the FINE $500,000 NOTE, please produce each
WRITING in
27 YOUR possession or control supporting YOUR contention.
28 22. With respect to YOUR contention in YOUR response to Interrogatory 2.12 that “I
4
DEMAND FOR PRODUC
OF TIO
DOCUME
N NTS
believe, based on my own observation that he has a cognitive disability which makes him vulnerabl
e
to being taken advantage of”, please produce each WRITING in YOUR possession or control
supporting YOUR contention.
23. If YOU contend that any physicians have ever opined that Edward F. Niderost was
suffering from any cognitive disability, please produce each WRITING in YOUR possession
or
control supporting YOUR contention.
24. If YOU contend that the fair market value of the REAL PROPERTY was not at least
$1,500,000.00 on February 18, 2020, please produce each WRITING in YOUR possession or
control supporting YOUR contention.
10) 25. If YOU contend that on February 18, 2020 Edward F. Niderost LACKED THE
11 CAPACITY TO MAKE A DECISION on February 18, 2020, please produce each WRITING in
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ag 12 YOUR possession or control supporting YOUR contention.
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oR 13 26. If YOU contend that Edward F. Niderost did not have the ability to pay $1,000,000 at
aA o¢
Beek 14] the close of escrow for the REAL PROPERTY,
as
AR please produce each WRITING in YOUR
ages
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2838 15 possession or control supporting YOUR contention.
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aa 16 27. If YOU contend that Wayne Cook made no effort to ascertain if Edward F. Niderost
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go 17 could qualified for a loan, please produce each WRITING in YOUR possession or control referring
18} to the terms that Edward F. Niderost would need to satisfy to qualify for the loan.
19) 28. Each WRITING in YOUR possession or control evidencing the facts set forth in YOUR
20 answer to Interrogatory 17.1(b) of YOUR responses to Form Interrogatories-General Set Number
21 Four propounded to Edward F. Niderost, Trustee of The Edward F. Niderost Revocable Living
22 Trust Dated November 8, 1998 by John Denton, successor trustee. (Documents formally produced
23 in response to other discovery in this action need not be re-produced)
24 29. Each WRITING in YOUR possession or control evidencing the documents described in
25) YOUR answer to Interrogatory 17.1(d) of YOUR responses to Form Interrogatories-General Set
26) Number Four propounded to Edward F. Niderost, Trustee of The Edward F. Niderost Revocable
27 Living Trust Dated November 8, 1998 by John Denton, successor trustee. (Documents formally
28 produced in response to other discovery in this action need not be re-produced)
5
DEMAND FOR PRODUCTION
OF DOCUMENTS
Dated: ugh 24, WORD EL I-—
Raymond L. Sandelman
Attorney for Wayne A. Cook, Trustee of
The Wayne A. Cook 1998 Family Trust
Dated 12/29/98
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AS 16 Fallbrook, CA 92028 Chico, CA 95973
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ay I also sent a copy of the above described papers via email to the following email addresses:
19 david@davidgriffithlaw.com; jameson@griffithandhorn.com; sknowles@chicolawyer.com;
office@lushankolaw.com; and mlbwlaw@sbcglobal.net.
20
21
I certify under penalty of perjury that the foregoing is true and correct, and this declaration
22 of service was executed on January 5 , 2021 at Chico, California.
23
LG KN
24 Raymond L. Sandelman
25
26
27 m\orig_data\work\client directories\cook, wayne 1814\motionissuesanctions 105.docx
28
PROOF OF SERVICE
Preview
Raymond L. Sandelman SBN 078020 Superior Court of California Attorney at Law County of Butte 196 Cohasset Road, Suite 225 Chico, CA 95926-2284 1/5/2021 (530) 343-5090 / (530) 343-5091 (FAX) Email:Raymond@sandelmanlaw.com Kingoey leper éerk By Deputy Electronically FILED Attorney for Wayne A. Cook, individually And as Trustee of The Wayne A. Cook 1998 Family Trust Dated 12/29/98 SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF BUTTE 10 WAYNE A. COOK, TRUSTEE OF THE NO.: 20CV00905 11 WAYNE A. COOK 1998 FAMILY 12 TRUST DATED 12/29/98, NOTICE OF MOTION FOR ISSUE Plaintiff, SANCTIONS, EVIDENCE SANCTIONS, 13 AND/OR ORDER DIRECTING JOHN 14 DENTON, SUCCESSOR TRUSTEE TO PRODUCE DOCUMENTS PROMISED IN 15 JOHN DENTON, SUCCESSOR TRUSTEE’S EDWARD F. NIDEROST, et. al., RESPONSE TO DOCUMENT DEMAND FOR 16 FAILURE TO COMPLY WITH DISCOVERY Defendants. 17 ORDER, AND MONETARY SANCTIONS; / MEMORANDUM OF POINTS AND 18 AUTHORITIES AND RELATED CROSS COMPLAINTS 19 Attached Document: Declaration Of Raymond L. / Sandelman 20 21 Hearing Date: 2/3/2021 Hearing Time: 9:00 a.m. 22 Department: 1 Judge: Tamara Mosbarger 23 Date of Complaint: 4/22/2020 24 Trial Date: 3/29/2021 25 26 TO JOHN DENTON, SUCCESSOR TRUSTEE OF THE EDWARD F. NIDEROST 27 REVOCABLE LIVING TRUST DATED NOVEMBER 8, 1998 AND HIS ATTORNEYS 28 LELAND, MORRISSEY & KNOWLES LLP: 1 NOTICE OF MOTION FOR ISSUE SANCTIONS, EVIDENCE SANCTIONS, AND/OR ORDER DIRECTING JOHN DENTON, SUCCESSOR TRUSTEE TO PRODUCE DOCUMENTS PROMISED IN JOHN DENTON, SUCCESSOR TRUSTEE’S RESPONSE TO DOCUMENT DEMAND FOR FAILURE TO COMPLY WITH DISCOVERY ORDER, AND MONETARY SANCTIONS PLEASE TAKE NOTICE that on February 3, 2021 at 9:00 a.m., or as soon thereafter as the matter may be heard, in Department 1 of the above-entitled court, located at 1775 Concord Avenue, Chico, California, Wayne Cook, Trustee of The Wayne A. Cook 1998 Family Trust Dated 12/29/98 (hereafter referred to as “Wayne Cook, Trustee”) will move the court for orders (a) imposing an issue sanction against John Denton, successor trustee of The Edward F. Niderost Revocable Living Trust Dated November 8, 1998 (hereafter referred to as “John Denton, Successor Trustee”), (b) imposing an evidence sanction against John Denton, Successor Trustee, and/or (c) directing John Denton, Successor Trustee to produce and permit inspection and copying the documents that were promised in John Denton, Successor Trustee's response to Wayne Cook, 10 Trustee 's Demand for Inspection of Documents, Set Number Three. Wayne Cook, Trustee will 11 further move the court for an order that John Denton, Successor Trustee and his attorneys, Leland, ao ag sé 12 Morrissey & Knowles LLP pay $885.00 as reasonable costs and expenses, including attorney's fees oe os 13 BYR incurred in this proceeding. This motion is made on the grounds that the discovery is relevant to BS5a BAOF SianoA Ze aAx 15 Tam unable to comply with the request because the requested document has never existed 16 RESPONSE TO DEMAND FOR PRODUCTION NO. 25: 17 After a diligent search and reasonablei inquiry for the documents described | in this request, > 18 jl am unable to comply with the request because the requested document has never existed. 19 | RESPONSE TO DEMAND FOR PRODUCTION NO. 26 20 The request will be allowed in whole and responsive documents in the possessi on, 21 custody or control of the Responding Party will be produced. 22 RESPONSE TO DEMAND FOR PRODUCTION NO. 27: 23 After a diligent search and reasonable inquiry for the documents described in this request, 24 Tam unable to comply with the request because the requested document has never existed 25 RES PONSE ——_—_—_ —>_——_ TO DEMAN EEO D EA FOR PRODU AUCCTION NO. 28:2 28: ION NO, 26 The request will be allowed in whole and responsive documents in the possession, 27 _ custody or control of the Responding Party will be produced. 28 RESPONSE TO DEMAND FOR PRODUCTION NO. 29: 3 RESPONSE TO DEMAND FOR PRODUCTION OF DOCUMENTS, SET NO. THREE The request will be allowed in whole and responsive documents in the possession. custody or control of the Responding Party will be produced. LELAND, MORRISSEY & KNOWLES ir Dated: Decemberz2 | , 2020 Patl i Attorney for Defendant Edward Niderost, Individually and as Trustee of the Edward F. Niderost Revocable Living Trust Dated November 8, 1998 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 RESPONSE TO DEMAND FOR PRODUCTION OF DOCUMENTS, SET NO. THREE 1: VERIFICATION J, John Denton, am the successcr trustee of the Edward F. Niderost Revocable Living Trust Dated November 8, 1998 in this proceeding. I have read the Response to Demand for Production off Documents, Set No. Three and verify the contents thereof. Thave personal knowledge of the facts therein alleged, except as to those facts alleged on information and belief and, as to such facts, I believe them to be true. I declare und the er penalty of perjury under the laws of the State of California that the foregoing is true and correct. 10 Executed this A Tay of December, 2020 at Chico, California. 11 12| 13 Jol nton. 14 15 16 17 18 18 20 2 22 23 24 25 26 27 23| 5 RESPONSE TO DEMAND FOR PRODUCTION OF DOCUMENTS, SET NO. THREE EXHIBIT 2 Raymond L. Sandelman From: Raymond L. Sandelman Sent: Tuesday, December 22, 2020 4:28 PM To: "Sara Knowles’ Subject: FW: Discovery Due Dates - Cook v. Niderost Attachments: Proof of Service 12-21-20.pdf; First Amended Response to RFA to Denton, Set One- Amended.pdf; First Amended Response to RFA, Set Four.pdf; Response to Special Interrogs, Set One.pdf; Response to Demand for Production to Denton, Set Three.pdf; Response to Amended Demand for Production to Denton, Set Two-Amended.pdf; Response to Amended Demand for Production to Denton, Set One-Amended.pdf; Response to Form Interogs to Denton, Set Two-Amended.pdf; Response to Form Interogs to Denton, Set One-Amended.pdf Sara: | received no documents despite the promises under penalty of perjury to do so. If! do not received the responsive documents by noon tomorrow, | will file an appropriate motion and seek monetary sanctions. If there is some reason why the responsive documents were not provided, please advise me by noon tomorrow. RAYMOND L. SANDELMAN Attorney at Law 196 Cohasset Road, Suite 225 Chico, CA 95926-2284 (530) 343-5090 (530) 343-5091 (Fax) Raymond@sandelmanlaw.com NOTE: This email is confidential and is intended for the recipient(s) listed. If you are not a listed recipient or someone authorized to receive email on behalf ofa listed recipient, please reply to the sender that the email was misdirected and delete the email. Thank you. From: Sarah Vercruysse Sent: Tuesday, December 22, 2020 3:46 PM To: Raymond L. Sandelman Cc: Sara Knowles Subject: RE: Discovery Due Dates - Cook v. Niderost Mr. Sandelman, Please see attached. Thank you From: Sara Knowles Sent: Tuesday, December 22, 2020 3:23 PM To: Raymond L. Sandelman ncaa 2. EXHIBIT 3 Raymond L. Sandelman From: Raymond L. Sandelman Sent: Thursday, December 24, 2020 3:45 PM To: ‘Sara Knowles’ Subject: FW: Discovery Due Dates - Cook v. Niderost Attachments: Proof of Service 12-21-20.pdf; First Amended Response to RFA to Denton, Set One- Amended.pdf; First Amended Response to RFA, Set Four.pdf; Response to Special Interrogs, Set One.pdf; Response to Demand for Production to Denton, Set Three.pdf; Response to Amended Demand for Production to Denton, Set Two-Amended.pdf; Response to Amended Demand for Production to Denton, Set One-Amended.pdf Response to Form Interogs to Denton, Set Two-Amended.pdf; Response to Form Interogs to Denton, Set One-Amended.pdf Sara: | still have not received any documents even though the responses served on Monday stated that documents would be produced. ! received documents for John Denton, Conservator’s responses to Wayne Cook's demands Set One, from yesterday. That is separate from my complaint above (that was communicated on December 22, 2020). | have advised you in a separate email about the deficiencies of the responses to Wayne Cook’s demands Set One. | will proceed with the motion to compel and seek sanctions for the failure to comply with the Court’s order. RAYMOND L. SANDELMAN Attorney at Law 196 Cohasset Road, Suite 225 Chico, CA 95926-2284 (530) 343-5090 (530) 343-5091 (Fax) Raymond! sandelmanlaw.com NOTE: This email is confidential and is intended for the recipient(s) listed. If you are nota listed recipient or someone authorized to receive email on behalf of a listed recipient, please reply to the sender that the email was misdirected and delete the email. Thank you. From: Raymond L. Sandelman Sent: Tuesday, December 22, 2020 4:28 PM To: 'Sara Knowles' Subject: FW: Discovery Due Dates - Cook v. Niderost Sara: | received no documents despite the promises under penalty of perjury to do so. If | do not received the responsive documents by noon tomorrow, | will file an appropriate motion and seek monetary sanctions. If there is some reason why the responsive documents were not provided, please advise me by noon tomorrow. RAYMOND L. SANDELMAN Attorney at Law 196 Cohasset Road, Suite 225 Chico, CA 95926-2284 (530) 343-5090 (530) 343-5091 (Fax) exMeyr_—3 EXHIBIT 4 Raymond L. Sandelman SBN 078020 Attorney at Law 196 Cohasset Road, Suite 225 Chico, CA 95926-2284 (530) 343-5090 / (530) 343-5091 (Fax) Email:Raymond@sandelmanlaw.com Attorney for Wayne A. Cook, Trustee of The Wayne A. Cook 1998 Family Trust Dated 12/29/98 SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF BUTTE 10 NO.: 20CV00905 11 WAYNE A. COOK, TRUSTEE OF THE WAYNE A. COOK 1998 FAMILY DEMAND FOR PRODUCTION OF 12 TRUST DATED 12/29/98, DOCUMENTS 13 Plaintiff, 14 vs. 15 16 EDWARD F NIDEROST, INDIVIDUALLY AND AS TRUSTEE OF 17 THE EDWARD F, NIDEROST REVOCABLE LIVING TRUST DATED 18 NOVEMBER 8, 1998, DOES 1 19 THROUGH 10, 20 Defendants. 21 22 AND RELATED CROSS COMPLAINT / 23 24 PROPOUNDING PARTY: Wayne A. Cook, Trustee 25 RESPONDING PARTY: Edward F. Niderost, Trustee of The Edward F. Niderost 26 Revocable Living Trust Dated November 8, 1998 by 27 John Denton, successor trustee 28 exwom_{_ SET NUMBER: Three DEMAND FOR PRODUCTION OF DOCUMENTS Pursuant to Code of Civil Procedure section 2031.010 et seq., demand is hereby made upon Responding Party to produce for inspection and copying the documents described below. The documents should be produced on September 29, 2020 at 10:00 a.m. at the law office ofRaymond L. Sandelman, located at 196 Cohasset Road, Suite 225, Chico, California 95926-2 284. As an alternative to producing the documents at the law office of Raymond L. Sandelman, Responding Party may, if it desires, send legible photocopies of the demanded documen ts to the attorney for Propounding Party, so long as the documents are received prior to Septemb er 29, 2020 at 10:00 a.m. Documents produced at the law office of Raymond L. Sandelman will be inspected and 10) copied. The documents will not be permanently altered or destroyed. 11 ao aR 12) sé oe INSTRUCTIONS os 22S 13 1. You are requested to respond to this demand within thirty days from the date of service, Bsza Ao¢g oe oun ae 14 by serving a response under oath pursuant to Code of Civil Procedure section AS 2031.210 in which dee EL ge SS 15 you respond separately as to each item or category of items of documents Sea demanded: £<93Za 16 (a) A statement that Responding Party will comply with this particular demand for inspection; 58 ga go 17 or 18 (b) A statement that Responding Party lacks the ability to comply with the demand for 19 inspection; or 20 (c) An objection to the demand, either in its entirety or in some particular respect. 21 2. Pursuant to Code of Civil Procedure section 2031.220, a statement that Responding Party 22 will comply with a particular demand shall state all of the following: 23 (a) That the production and inspection will be allowed, either in whole or in part; 24 (b) That all documents in a demanded category that are in the possession, custody, or control 25| of Responding Party and to which no objection is being made will be included in the production. 26 3. Pursuant to Code of Civil Procedure section 2031.230, any representation of inability to 27 comply with a particular demand for inspection shall affirm that a diligent search and a reasonable 28 inquiry has been made in an effort to comply with the demand. This statement shall also specify 2 DEMAND FOR PRODUC OF TIO DOCUME N NTS whether the inability to comply is because the particular item or category of item: (a) has never existed; (b) has been destroyed; (c) has been lost, misplaced, or stolen; or (d) has never been, or is no longer in the possession, custody or control of Responding Party, as well as the name and address of any material person or organization known, or believed by Responding Party to have possession, custody, or control of that item or category of item. 4. Pursuant to Code of Civil Procedure section 2031.240(b), any objection to production of a demanded document shall set forth clearly the extent of and the specific ground for the objection. 10 If an objection is based on a claim of privilege, the particular privilege invoked shall be stated, and 11 the documents claimed to be privileged shall be identified with particularity. Bo aR 12 5. Pursuant to Code of Civil Procedure section 2031.280, sé be any documents demanded shall gs zQR 13) either be produced as they are kept in the usual course of business, or be organized and labeled S52 to B30 &sa as 14) correspond with the categories in this demand. If necessary, Responding Party shall (at the douse Bue goa 15) reasonable expense of Propounding Party), through detection devices, translate any data ge08Sf 16] computations included in this demand into reasonably usable form. Propounding Party prefers that aa be BS ge 17 Responding Party produce hard copies of electronically stored information, however Propound ing 18} Party will accept the production of electronically stored information on a disc or flash drive. 19) 20) DEFINITIONS 21 For purposes of this set of document demands, the terms used herein are defined as follows: 22 “FINANCIAL ACCOUNT” means a bank account, checking account, savings account, 23 money market account or credit union account. 24 “FINE $500,000 NOTE” means a promissory note dated February 18, 2020 in the amount 25 of $500,000, a copy of which is attached hereto marked Exhibit 1. 26 “LACKED THE CAPACITY TO MAKE A DECISION” means a lacking of the capacity 27 to make a decision as defined in Prob. Code, § 811. 28 “REAL PROPERTY” means the real property commonly known as 2185 Esplanade, Chico, 3 DEMAND FOR PRODUCTION OF DOCUMENTS Butte County, California. “WRITING” is used as such term is defined in Evidence Code section 250, and means handwriting, typewriting, printing, photostating, photographing, photocopying, transmitting by electronic mail or facsimile, and every other means of recording upon any tangible thing, any form of communication or representation, including letters, words, pictures , sounds, or symbols, or combinations thereof, and any record thereby created, regardless of the manner in which the record has been stored. “YOU” and “YOUR” means Edward F. Niderost, Trustee of The Edward F. Niderost Revocable Living Trust Dated November 8, 1998 by John Denton, successo r trustee. 10) 11 DESIGNATION OF DOCUMENTS DEMANDED Be aR 12 17. Each WRITING evidencing any statement from any financial institution sé oe for any portion zg g=z 13 of the period of January 18, 2020 through February 18, 2020, for any FINANC IAL ACCOUNT 8309 gaanae 14] in the name of Edward F. Niderost, Trustee of The Edward F. Niderost Revocable Living Trust RAR 48a ZEL ge 15) Dated November 8, 1998. ge a3 g<63 Sa ofaa 16) 18. Each WRITING evidencing any statement from any financial institution for 5S any portion BR BS 17 of the period of January 18, 2020 through February 18, 2020, for any FINANCIAL ACCOUNT 18 in the name of Edward F. Niderost. 19 19. Each WRITING evidencing any debt of more than $2,000 owed by Edward F. Niderost, 20} Trustee of The Edward F. Niderost Revocable Living Trust Dated November 8, 1998 as of February 21 18, 2020. 22 20. Each WRITING evidencing any debt of more than $2,000 owed by Edward F. Niderost, 23 as of February 18, 2020. 24] 21. If YOU contend that at the time of the execution of the FINE $500,000 NOTE Edward 25 F. Niderost, Trustee of The Edward F. Niderost Revocable Living Trust Dated November 8, 1998 26 did not have the ability to repay the FINE $500,000 NOTE, please produce each WRITING in 27 YOUR possession or control supporting YOUR contention. 28 22. With respect to YOUR contention in YOUR response to Interrogatory 2.12 that “I 4 DEMAND FOR PRODUC OF TIO DOCUME N NTS believe, based on my own observation that he has a cognitive disability which makes him vulnerabl e to being taken advantage of”, please produce each WRITING in YOUR possession or control supporting YOUR contention. 23. If YOU contend that any physicians have ever opined that Edward F. Niderost was suffering from any cognitive disability, please produce each WRITING in YOUR possession or control supporting YOUR contention. 24. If YOU contend that the fair market value of the REAL PROPERTY was not at least $1,500,000.00 on February 18, 2020, please produce each WRITING in YOUR possession or control supporting YOUR contention. 10) 25. If YOU contend that on February 18, 2020 Edward F. Niderost LACKED THE 11 CAPACITY TO MAKE A DECISION on February 18, 2020, please produce each WRITING in Bo ag 12 YOUR possession or control supporting YOUR contention. <é os Ae gs oR 13 26. If YOU contend that Edward F. Niderost did not have the ability to pay $1,000,000 at aA o¢ Beek 14] the close of escrow for the REAL PROPERTY, as AR please produce each WRITING in YOUR ages ges 2838 15 possession or control supporting YOUR contention. E< 6a SH aa 16 27. If YOU contend that Wayne Cook made no effort to ascertain if Edward F. Niderost 5g Ba go 17 could qualified for a loan, please produce each WRITING in YOUR possession or control referring 18} to the terms that Edward F. Niderost would need to satisfy to qualify for the loan. 19) 28. Each WRITING in YOUR possession or control evidencing the facts set forth in YOUR 20 answer to Interrogatory 17.1(b) of YOUR responses to Form Interrogatories-General Set Number 21 Four propounded to Edward F. Niderost, Trustee of The Edward F. Niderost Revocable Living 22 Trust Dated November 8, 1998 by John Denton, successor trustee. (Documents formally produced 23 in response to other discovery in this action need not be re-produced) 24 29. Each WRITING in YOUR possession or control evidencing the documents described in 25) YOUR answer to Interrogatory 17.1(d) of YOUR responses to Form Interrogatories-General Set 26) Number Four propounded to Edward F. Niderost, Trustee of The Edward F. Niderost Revocable 27 Living Trust Dated November 8, 1998 by John Denton, successor trustee. (Documents formally 28 produced in response to other discovery in this action need not be re-produced) 5 DEMAND FOR PRODUCTION OF DOCUMENTS Dated: ugh 24, WORD EL I-— Raymond L. Sandelman Attorney for Wayne A. Cook, Trustee of The Wayne A. Cook 1998 Family Trust Dated 12/29/98 10) il ao ag 12 sé oe gs gR 13 AS 16 Fallbrook, CA 92028 Chico, CA 95973 i Bay Ze> gs § £48 17 zedgsSa 18 BS BS ge ay I also sent a copy of the above described papers via email to the following email addresses: 19 david@davidgriffithlaw.com; jameson@griffithandhorn.com; sknowles@chicolawyer.com; office@lushankolaw.com; and mlbwlaw@sbcglobal.net. 20 21 I certify under penalty of perjury that the foregoing is true and correct, and this declaration 22 of service was executed on January 5 , 2021 at Chico, California. 23 LG KN 24 Raymond L. Sandelman 25 26 27 m\orig_data\work\client directories\cook, wayne 1814\motionissuesanctions 105.docx 28 PROOF OF SERVICE