Preview
ClV-141
ATTORNEY OR PARTY WITHOUT ATTORNEY: STATE BAR NO: FOR COURT USE ONLY
NAME: Raymond L. Sandelman SBN 078020
FIRM NAME: Attorney at Law
sum M ‘3' “mm“
EUmr—m
STREET ADDRESS; 196 Cohasset Road, Suite 225
eumr—m
CITY: Chico STATE: CA ZIP CODE: 95926-2284 CNN! (If Butte
TELEPHONE NO.: (530) 343-5090 FAX NO.: (530) 343—5091
E—MAlL ADDRESS: Raymond@sandelmanlaw.com
1/22/2021
ATTORNEY FOR (Name): Wayne A. Cook, Trustee
SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE
STREET ADDRESS: 1775 Concord Avenue
Ki ‘
MAILING ADDRESS: 177 5 Concord Avenue
ClTY AND ZIP CODE: Chico, CA 95928
BRANCH NAME: North Butte County Courthouse
W FILED
PLAINTIFF/PETITIONER: Wayne A. Cook, Trustee of the Wayne A. Cook
1998 Family Trust dated 12/29/98
DEFENDANT/REPSONDENT: Edward F. Niderost, Individually and as Trustee of
The Edward F. Niderost Revocable Living Trust Dated November 8, 1998, et al.
CASE NUMBER:
DECLARATION OF DEMURRING OR MOVING PARTY
IN SUPPORT OF AUTOMATIC EXTENSION 20CV00905
1. (Name of party): Wayne A. Cook, Trustee was served with
[j a complaint D an amended complaint D a cross-complaint
m an answer
in the above-titled action.
a other (specify):
2. For a demurrer or motion to strike, a responsive pleading is due on (date): January 29, 2021
DECLARATION
intend to file a demurrer, motion to strike, or motion for judgment on the pleadings in this action. Before i can do so, i am
required to
I
meet and confer with the party who filed the pleading that am responding to at least five days before the date when the
I
responsive
pleading is due (if l am filing a demurrer or motion to strike) and at least five days before the last day a motion forjudgment on the
pleadings may be filed (it l am filing a motion for judgment on the pleadings). We have not been able to meet and confer. have not I
previously requested an automatic extension of time. Therefore, on timely filing and serving a declaration that meets the requirements
of Code of Civil Procedure sections 430.41, 435.5, or 439, am entitled to an automatic 30-day extension of time within which to file a
I
responsive pleading or motion for judgment on the pleadings.
i made a good faith attempt to meet and confer with the
party who filed the pleading at least five days before the date the responsive
pleading was due (if i am filing a demurrer or motion to strike) and at least five days before the last day a motion for judgment on the
pleadings may be filed (if i am tiling a motion for judgment on the pleadings). l was unable to meet with that party because
(the reasons why the parties could not meet and confer are stated):
x belowD D
on form MC-031, Attached Declaration
I sent counsel for defendants a meet and confer email on January 22, 2021 explaining the pleading deficiencies which also
stated that I would telephone in the afternoon to discuss the pleading in the Amended Answer to the Complaint. I telephoned
Ms. Knowles on January 22, 2021 at approximately 2:25 pm. and she was unavailable.
I declare under penalty of perjury under the laws of the State of California that the information above is true and correct.
Date: January 22, 2021
RaymondLSandelman
(NAME OF PARTY OR ATTORNEY FOR PARTY)
’ E-‘V'W
N 3 ‘«
(SIGNATURE OF PARTY OR ATTORNEY FOR PARTY)
P age 1 0 f1
fiognA grovedltofrgpt‘tifonal
Use DECLARATION OF DEMURRING OR MOVING PARTY Code
civ‘fi'ii [32mins t’f'é'z'iisl CEB‘ Essential
1
lN SUPPORT OF AUTOMATIC EXTENSION ofCivllProcedt‘Jzrae,
“fitth‘tiiizgoi’
cebxom i E F______orms~
Cook
PROOF OF SERVICE
I, Wendy Hoy, declare as follows:
I am a resident of the County of Butte, State of California; I am over the age of 18 years and
not a party to this action; my business address is 196 Cohasset Road, Suite 225, Chico California
95926—2284, in said County and State. On today's date, I served a copy of the Declaration of
Demurring or Moving Party in Support of Automatic Extension. n 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
196 COHASSET ROAD, SUITE 225, CHICO, CA 95926-2284
10
Larry Gene Lushanko John Denton, successor trustee of The
(530) 343—5090 / (530) 343—5091 (FAX)
11 Law Office of Larry G. Lushanko Edward F. Niderost Revocable Living
1241 E Mission Rd.
RAYMOND L. SANDELMAN
12
Trust Dated November 8, 1998
ATTORNEY AT LAW
Fallbrook, CA 92028 733 Piney Way
13 Morro Bay, CA 93342
14
BY UNITED STATES MAIL enclosed the documents in a sealed envelope or package
15
X addressed to the persons at the addresses shown above and placed the envelope for collection
16 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
17
ordinary course of business with the United States Postal Service, in a sealed envelope with postage
18 fully prepaid. I am employed in the county where the mailing occurred. The envelope or package
was placed in the mail at Chico, CA.
19
BY TRANSMITTING THE DOCUMENT(S) ELECTRONICALLY via the following
20 X email addresses:david@davidgriffithlaw.com; jameson@griffithandhorn.com;
21 sknowles@chicolawyer.com; office@lushankolaw.com.
22 I certify under penalty of perjury that the foregoing is true and correct, and this declaration
23
of service was executed on January a»? i , 2021 at Chico, California.
1"»,
24
A
W
j
raw/’1
f a “‘7
“Ck/m}; VIV""A\3K
'
z.
I,
25
Wendy Hoy (j! U
26
27
28
m.-\orig_datalworklclient directorieslcook, wayne 1814lpos declarationextension 122.docx
PROOF OF SERVICE
Preview
ClV-141 ATTORNEY OR PARTY WITHOUT ATTORNEY: STATE BAR NO: FOR COURT USE ONLY NAME: Raymond L. Sandelman SBN 078020 FIRM NAME: Attorney at Law sum M ‘3' “mm“ EUmr—m STREET ADDRESS; 196 Cohasset Road, Suite 225 eumr—m CITY: Chico STATE: CA ZIP CODE: 95926-2284 CNN! (If Butte TELEPHONE NO.: (530) 343-5090 FAX NO.: (530) 343—5091 E—MAlL ADDRESS: Raymond@sandelmanlaw.com 1/22/2021 ATTORNEY FOR (Name): Wayne A. Cook, Trustee SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE STREET ADDRESS: 1775 Concord Avenue Ki ‘ MAILING ADDRESS: 177 5 Concord Avenue ClTY AND ZIP CODE: Chico, CA 95928 BRANCH NAME: North Butte County Courthouse W FILED PLAINTIFF/PETITIONER: Wayne A. Cook, Trustee of the Wayne A. Cook 1998 Family Trust dated 12/29/98 DEFENDANT/REPSONDENT: Edward F. Niderost, Individually and as Trustee of The Edward F. Niderost Revocable Living Trust Dated November 8, 1998, et al. CASE NUMBER: DECLARATION OF DEMURRING OR MOVING PARTY IN SUPPORT OF AUTOMATIC EXTENSION 20CV00905 1. (Name of party): Wayne A. Cook, Trustee was served with [j a complaint D an amended complaint D a cross-complaint m an answer in the above-titled action. a other (specify): 2. For a demurrer or motion to strike, a responsive pleading is due on (date): January 29, 2021 DECLARATION intend to file a demurrer, motion to strike, or motion for judgment on the pleadings in this action. Before i can do so, i am required to I meet and confer with the party who filed the pleading that am responding to at least five days before the date when the I responsive pleading is due (if l am filing a demurrer or motion to strike) and at least five days before the last day a motion forjudgment on the pleadings may be filed (it l am filing a motion for judgment on the pleadings). We have not been able to meet and confer. have not I previously requested an automatic extension of time. Therefore, on timely filing and serving a declaration that meets the requirements of Code of Civil Procedure sections 430.41, 435.5, or 439, am entitled to an automatic 30-day extension of time within which to file a I responsive pleading or motion for judgment on the pleadings. i made a good faith attempt to meet and confer with the party who filed the pleading at least five days before the date the responsive pleading was due (if i am filing a demurrer or motion to strike) and at least five days before the last day a motion for judgment on the pleadings may be filed (if i am tiling a motion for judgment on the pleadings). l was unable to meet with that party because (the reasons why the parties could not meet and confer are stated): x belowD D on form MC-031, Attached Declaration I sent counsel for defendants a meet and confer email on January 22, 2021 explaining the pleading deficiencies which also stated that I would telephone in the afternoon to discuss the pleading in the Amended Answer to the Complaint. I telephoned Ms. Knowles on January 22, 2021 at approximately 2:25 pm. and she was unavailable. I declare under penalty of perjury under the laws of the State of California that the information above is true and correct. Date: January 22, 2021 RaymondLSandelman (NAME OF PARTY OR ATTORNEY FOR PARTY) ’ E-‘V'W N 3 ‘« (SIGNATURE OF PARTY OR ATTORNEY FOR PARTY) P age 1 0 f1 fiognA grovedltofrgpt‘tifonal Use DECLARATION OF DEMURRING OR MOVING PARTY Code civ‘fi'ii [32mins t’f'é'z'iisl CEB‘ Essential 1 lN SUPPORT OF AUTOMATIC EXTENSION ofCivllProcedt‘Jzrae, “fitth‘tiiizgoi’ cebxom i E F______orms~ Cook PROOF OF SERVICE I, Wendy Hoy, declare as follows: I am a resident of the County of Butte, State of California; I am over the age of 18 years and not a party to this action; my business address is 196 Cohasset Road, Suite 225, Chico California 95926—2284, in said County and State. On today's date, I served a copy of the Declaration of Demurring or Moving Party in Support of Automatic Extension. n 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 196 COHASSET ROAD, SUITE 225, CHICO, CA 95926-2284 10 Larry Gene Lushanko John Denton, successor trustee of The (530) 343—5090 / (530) 343—5091 (FAX) 11 Law Office of Larry G. Lushanko Edward F. Niderost Revocable Living 1241 E Mission Rd. RAYMOND L. SANDELMAN 12 Trust Dated November 8, 1998 ATTORNEY AT LAW Fallbrook, CA 92028 733 Piney Way 13 Morro Bay, CA 93342 14 BY UNITED STATES MAIL enclosed the documents in a sealed envelope or package 15 X addressed to the persons at the addresses shown above and placed the envelope for collection 16 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 17 ordinary course of business with the United States Postal Service, in a sealed envelope with postage 18 fully prepaid. I am employed in the county where the mailing occurred. The envelope or package was placed in the mail at Chico, CA. 19 BY TRANSMITTING THE DOCUMENT(S) ELECTRONICALLY via the following 20 X email addresses:david@davidgriffithlaw.com; jameson@griffithandhorn.com; 21 sknowles@chicolawyer.com; office@lushankolaw.com. 22 I certify under penalty of perjury that the foregoing is true and correct, and this declaration 23 of service was executed on January a»? i , 2021 at Chico, California. 1"», 24 A W j raw/’1 f a “‘7 “Ck/m}; VIV""A\3K ' z. I, 25 Wendy Hoy (j! U 26 27 28 m.-\orig_datalworklclient directorieslcook, wayne 1814lpos declarationextension 122.docx PROOF OF SERVICE