Preview
F Superior Court of California
Sara M. Knowles (SBN 216139) County of Butte
LELAND, MORRISSEY & KNOWLES LLP
1660 Humboldt Road, Suite 6 L 1/21/2021
Chico, CA 95928
Telephone: (530) 342-4500 D
Facsimile: (530) 345-6836 By
Electronically FILED
Deputy
Attomey for Conservator John Denton for Successor Trustee
of the Edward F. Niderost Revocable Living Trust Dated
November 8, 1998
SUPERIOR COURT OF CALIFORNIA,
COUNTY OF BUTTE
10
11
WAYNE A. COOK, TRUSTEE OF THE CASE NO. 20CV00905
12 WAYNE A. COOK 1998 FAMILY TRUST
DATED 12/29/98, DECLARATION OF SARA M.
13 KNOWLES IN SUPPORT OF
Plaintiff, OPPOSITION TO PLAINTIFF'S
14 MOTION FOR ISSUE SANCTIONS,
Vv.
EVIDENCE SANCTIONS, AND/OR
15 ORDER DIRECTING JOHN DENTON,
EDWARD F. NIDEROST, INDIVIDUALLY SUCCESSOR TRUSTEE TO PRODUCE
16 AND AS TRUSTEE OF THE EDWARD F. DOCUMENTS PROMISED IN JOHN
NIDEROST REVOCABLE LIVING TRUST DENTON, SUCCESSOR TRUSTEE’S
17 DATED NOVEMBER 8, 1998, DOES 1 RESPONSE TO DOCUMENT DEMAND
THROUGH 10, FOR FAILURE TO COMPLY WITH
18 DISCOVERY ORDER, AND MONETARY
Defendants. SANCTIONS
19 )
Hearing Date: February 3, 2021
20 AND RELATED CROSS-ACTION Time: 9:00 A.M.
) Dept.: 1
21 Judge: Tamara Mosbarger
22
23
24
25 I, Sara M. Knowles, declare that I am an attorney licensed in the State of Californi
a
26 and am a partner in the law firm known as Leland, Morrissey & Knowles, LLP,
which Tepresents
27
1
28 DECLARATION OF SARA M. KNOWLES IN SUPPORT OF OPPOSITION TO PLAINTIFF'S
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
John Denton, the Conservator of Edward F. Niderost and the Successor Trustee of the Edward F.
Niderost Revocable Living Trust. If called as a witness to testify, I could and would faithfully
and truthfully testify as follows:
1 I prepared and mailed a Production of Documents on December 23, 2020,
attached hereto and incorporated herein as Exhibit “A.”
2 At the deposition of John Denton on December 29, 2020, additional documents
were produced in response to Plaintiff's requests, amounting to over 300 pages. The Deposition
8 Notice (“Notice”) is attached hereto and incorporated herein by reference as Exhibit “B”. The
9 Notice, at item 64 through 67 are identical to items 17-21 of the Document Production, set three.
10 |; Documents were produced at the deposition of Mr. Denton that were responsive to all aspects of
11 the Document Production Set three as outlined in the pending motion. This occurred one week
12 before this pending motion was filed.
13 3 Counsel for Plaintiff wrote to me on December 22, 2020 threatening a motion and
14 monetary sanctions with no request to meet and confer. A true and correct copy of this
15 correspondence is attached hereto and incorporated herein by reference as Exhibit C”.
16 4 On December 23, 2020, counsel for Plaintiff wrote to me again, threatening a
17 motion to compel and monetary sanctions. I advised him on that date that I would need more
18 than the mere seven days to reply. Counsel for Plaintiff refused. A true and correct copy of this
19 correspondence is attached hereto and incorporated herein by reference as Exhibit “D”.
20 5. On December 24, 2020, counsel for Plaintiff wrote again, asking for further
21 responses within one week. Counsel for Plaintiff was aware, at that time, that I would need more
22 '| than a week (especially during the holidays) to respond. A true and correct copy of this
23 correspondence is attached hereto and incorporated herein by reference as Exhibit “E”.
24 6. In response to Exhibit “E”, I wrote to counsel for Plaintiff on December 24, 2020
25 twice, to address a variety of issues, including the fact that since my client was being deposed
26 that I suggested that he ascertain what, if any additional information was needed. I also indicated
27
2
28 DECLARATION OF SARA M, KNOWLES IN SUPPORT OF OPPOSITION TO PLAINTIFF’S 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
to him, again, that ] would need three weeks to respond to his discovery meet and confer letters.
A true and correct copy of my December 24, 2020 correspondence is attached hereto and
incorporated herein by reference as Fxhibit “F”.
7. The order regarding the motion to compel, referenced above, was not signed by
the Court until January 4, 2021. To the extent that counsel for Plaintiff was threatening motions
and sanctions prior to this date, such threats were baseless.
8 Plaintiff filed this motion on January 5, 2021, a week after documents were
produced with respect to Mr. Denton’s deposition.
9 On January 14, 2021 (which was within the three week period I specified that I
10 would need) I sent multiple e-mails responding to counsel for Plaintiff, Raymond Sandelman
11 indicating ‘that I believe I had satisfied his discovery requests and asking that Mr. Sandelman
12 advice if he disagrees. He did not indicate that he disagreed with the completeness of discovery
13 responses until today, January 21, 2021 — the deadline for an opposition to this motion. I
14 responded to that email, and both are attached hereto and incorporated herein by reference as
15 Exhibit “G”. Included in that response is my reference to Mr. Sandelman’s behavior, today,
16 January 21, 2021 wherein he yelled at me and his client at separate occasions during a
17 | deposition, Such behavior is abusive.
18 10. Also on January 14, 2021, I sent an e-mail to all parties with a Bates Stamped
19 version of the documents previously produced, attached hereto and incorporated herein as
20 Exhibit “H.” Given the volume of the documents and the fact that the documents contain private
21 information of one of the parties, the documents are not attached.
22 11. Also on January 14, 2021, I sent an email to all parties outlining the identification
23 of which numbered Bates Stamped dccuments were responsive to which discovery requests. This
24 e-mail is attached hereto and incorporated herein as Exhibit “I.”
25 12, On January 15, 2021, I again outlined which of the Bates stamped documents
26 were responsive to which discovery requests more formally in the following four documents:
27
3
28
DECLARATION OF SARA M. KNOWLES IN SUPPORT OF OPPOSITION TO PLAINTIFF'S 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
Identification of Documents Responsive to Demand For Production Of Documents Set One
(attached hereto as Exhibit “J”); Identification of Documents Responsive to Amended Demand
for Production of Documents Set One — Amended (attached hereto as Exhibit “K”);
Identification of Documents Responsive to Amended Demand for Production of Documents, Set
No. Two (attached hereto as Exhibit “L”); Identification of Documents Responsive to Demand
for Production of Documents, Set No. Three (attached hereto as Exhibit “M”). These four
documents were sent to all parties by e-mail on January 15, 2021. I then caused these four
documents to be sent by U.S, Mail with verification signed by John Denton to all parties on
January 18, 2021. I did this in an effort to be as clear as possible.
10 13. My dealings with Mr. Sandelman in this case have been extremely strained. He
11 has refused to grant me extensions to deadlines for discovery or for other matters. This stems
12 from an occurrence early in this case in which he missed the deadline to file a demurrer. He
13 requested, AFTER the deadline to file the demurrer had passed, for an extension. I refused his
14 request and since that time he has refused to provide any extensions to me when I was suspected
15 of having COVID-19, or for any other reason. He has similarly refused to provide me with a
16 teasonable period of time to respond to any meet and confer letters. As referenced above, he has
17 engaged in bullying and abusive tactics in today’s deposition and has done so in my client’s
18 deposition which was taken on December 29, 2020.
19 I declare under penalty of perjury under the laws of the State of California that the
20 foregoing is true and correct. Executed this 21" day of January, 2021 at Chico, California.
21
22
23 San Ke Yrcssale
24
25
26
27
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28 DECLARATION OF SARA M. KNOWLES IN SUPPORT OF OPPOSITION TO PLAINTIFF'S MOTION FOR ISSUE SANCTIONS,
EVIDENCE SANCTIONS, AND/OR ORDER DIRECTING JOHN DENTON, SUCCESSOR TRUSTEE TO PRODUCEDOCUMENTS
PROMISED IN JOHN DENTON, SUCCESSOR TRUSTEE’S RESPONSE TO DOCUMENT DEMAND FOR FAILURE TO COMPLY WITH
DISCOVERY ORDER, AND MONETARY SANCTIONS,
EXHIBIT “A”
Sara M. Knowles (SBN 216139)
LELAND, MORRISSEY & KNOWLES tip
1660 Humboldt Road, Suite 6
Chico, CA 95928
Telephone: (530) 342-4500
Facsimile: (530) 345-6836
Attomey for Conservator John Denton for the Estate of
Edward F. Niderost and Successor Trustee for the Edward F
Niderost, Niderost Revocable Living Trust Dated November
8, 1998
SUPERIOR COURT OF CALIFORNIA,
COUNTY OF BUTTE
10
WAYNE A. COOK; TRUSTEE OF THE CASE NO. 20CV00905
11 WAYNE A. COOK 1998 FAMILY TRUST
DATED 12/29/98 PRODUCTION OF DOCUMENTS
12
Plaintiff,
13
Vv,
14
EDWARD F. NIDEROST, INDIVIDUALLY
15 AND AS TRUSTEE OF THE EDWARD F.
NIDEROST REVOCABLE LIVING TRUST
16 DATED NOVEMBER 8, 1998, DOES 1
THROUGH 10,
17
Defendants.
18
AND RELATED CROSS-ACTION
19 “ = sac =
20
21 PROPOUNDING PARTY: Wayne A. Cook,
22 RESPONDING PARTY: John Denton, Conservator of the Estate of Edward F,
23 Niderost
24 SET NUMBER: ONE
25 Responding Party, pursuant to the provisions of Section 2031.020, et seq., of the
26 California Code of Civil Procedure, hereby responds to Wayne A. Cook; Trustee
Of The Wayne
27 | A. Cook 1998 Family Trust Dated 12/29/98's Demand for Production of Document
s, Set No.
28 | One, as follows:
1
PRODUCTION OF DOCUMENTS, SET NO. ONE
Responding Party is pursuing its investigation and analysis of the facts and law telating to
this case and has not completed its discovery or preparation for trial. Therefore, the responses
set forth herein are given without prejudice to Responding Party's right to produce any
subsequently discovered facts or to add, modify, or otherwise change or amend the
Fesponses
herein, The information hereinafter set forth is true and correct to the best knowledge
of
Responding Party as of this date, and is subject to correction for inadvertent errors, mistakes
or
omissions, These responses are based on information presently available to Responding Party.
Responding Party reserves the right to use at trial or deposition or in support of or in
9 opposition to any motion any and all evidence heretofore or hereafter produced by parties in this
10 action or by third persons. To the extent that Responding Party identifies certain writings or
11 delineates any facts, it does so without prejudice to establish at a later date any additiona
l facts
12 that may be contained within or discovered as a result of any subsequently-discovered
facts or
13 any additional investigation and discovery.
14 Inadvertent production of privileged information by Responding Party is not a waiver of
16 any applicable privilege. Production of any evidence or information does not
waive any trial
16 objection, including but not limited to, relevancy and/or to the admission of such informat
ion in
17 evidence,
18
19 |
20| LELAND, MORRISSEY & KNOWLES tip
21 |
a i Dated:2¢42.2 , 2020
Sara M. Knowles
23 Attorney for Conservator John Denton of the estate
of Edward F. Niderost and Successor Trustee of the
24 Edward F. Niderost Revocable Living Trust Dated
November 8, 1998
25
26
27
28
2
PRODUCTION OF DOCUMENTS, SET NO. ONE
VERIFICATION
1, John Denton, am the Conservator of the Estate of Edward F, Niderost in this
proceeding. T have read the Response to Demand for Production of Documents, Set No. One and
verify the content thereof. T have personal knowledge of the facts therein ulleged, except as to
those facts alleged on information and belief and, as to such facts, I believe them to be true.
I declare under the penalty of perjury under the laws of the State of California that the
foregving
is true and correct.
Execu
tis ted
23" day of December, 2020 at Chico, California,
fe
10
12
13
14
16
16
7
8
2t
23
24
26
27
4
"RESPON TO DEMAND FOR PRODUCTION OF DOCUMENTS, SET NO. ORE
a
EXHIBIT “B”
Raymond L. Sandelman SBN 078020
Attorn
at ey
Law
196 Coha Roas
d,s Spi
e tet225
Chico, CA 95926-2284
(530) 343-5090 / (530) 343-50
91 (Fax)
il:Ray Ww .Com
AttoforrnWay
ey ne A. Coak, individually
Anas Tru
dstec of The Wayne A. Cook 199
3
FaTrus
mi t Dat
l edy
12/29,
SUPERIOR COURT OF THE STA
TE OF CALIFORNIA
IN AND FOR THE COUNTY OF
BUTTE
1
12 WAYNE A. COOK, TRUSTEE OF
THE NO.: 20CVo0905
13 WAYNE A, COOK 1998 FAMILY
TRUST DATED 12/29/98,
14 NOTICE OF TAKING DEPOSITION
JOHN OF
DENTON, TRUSTER OF
Plaintiff,
15 EDWARD Ff. ND EROST REVOCA
16
LIVING TRUST DATED NOVEMBER BLE
Vs. 8, 1998
AND CONSER' , ATOR OF THE
ESTATE OF
17 EDWARD F, NIDEROST, et EDWARD FF. NIDEROST
al., ON ORAL
EXA MINATION
18
Defendants.
19 —_-- se
_
AND RELATED CROSS COMPLA
INTS
21
ee
TO THE PARTIES HEREIN AND TO
THEIR ATTORNEYS:
PLEASE TAKE NOTICE that, pur
suant to Coof deCivil Procedure section 2025.010
et
seq., Wayne A: Cook, Trustee will
ake the deposition of John Denton,
Successor Trust of The
Edward F. Niderost Revocable Liv
ing Trust Dated November 8, 1998,
and Conservator of the Estate
of Edward F, Niderost, whose addr
ess is 317 East Avenue, Chico, CA
95928, on oral examination
NOTICE OF TAKING DEPOSITION
ON ORAL RANGNATION
on December 15, 2020 at 9:00 a.m. The deposition
will be taken at the office of Duensing
Deposition Reporters, 2840 Cohasset
Rd, Chico, CA 95973 (530) 345-2488.
‘The witness and
ounsel can participate via remote video
conferencing (a link will be emailed to
counsel forall
Parties). Pursuant to Judicial Council
Emergency Rule 11 the witness is not requ
ired tobe present
With the deposition officer at the time
of the deposition,
The deposition shall be taken before an
officer who is authorized to administer
an oath. If
the deposition is not completed on the date set
forth above, the taking of the depositi willonbe
continued from day to day thereafter,
except for Sundays and ho lidays, at the
same place until
Compicted oF until the seven hours of test
imony limit, or any Jonger agreed upon
time Limit, bas
10 been reached.
i
The deponent is being asked to produc
e documents described below at the time
of the
g 2 “epostion. All documents including
electronically stored information shouldbe
sé produced 28 paper
13 printouts (hard copies), oF uploaded as
a single PDF at the beginning of the depos
ition (or eattier)
14
if
“ae
~~
DEFINITIONS
: For purposes of the deposition, the term
s used herein are defined as follows
B17 “EEDDWARD F. NID
EROST, TRUSTEE’ means Edward F, Nid
erost in his capacity as
18 trustee. of The Edward F. Niderost Revo
cable Living Trust Dated November &
1998.
19 “FINANCIAL ACCOUNT" means @ ban
k account, checking account, savings
account,
money market account, or credit union
account in YOUR own name or jointly with
another
21 "FINE $500,000 NOTE” means a promisso
ry note dated February 18, 2020 in the amou
nt
of $500,000 a copy of is attached hereto
marked Exhibit 1.
“FINE $500,000 DEED OF TRUST”
means the deed of trust recorded on Febr
uary 28,
2020 in the Official “Recards of the Coun
ty of Butte as. Document No, 2020-0009600
", a copy of
Which is attached hereto marked Exhibit 2.
26 “LACK OF CAPACITY TO MAKE A DECISION” means 2 lack
of the in
capacity
g to
27 make a decision as defined in Prob.
Code, § 811.
28 “MAGALIA PROPERTY” shall Tefer
to the real property commonly known as
14174
NOTICE GF TAKING DEPOSHTION ON ORAL
EEAMIGATION
Racine Circle, Magalia, California.
“REAL PROPERTY" means the real property commonly known as 2185
Esplanade, Chico,
‘Butte County, California.
“RV” shall refer to the subject personal Property known as a 2011 Fleetw
ood Southwind,
VIN 1F66F5DY1B0A03212.
“TRUCK” shall refer to the subject personal property known as a 2011
Toyota truck,
“WAYNE COOK, TRUSTEE” meens Wayne A. Cook, Trustee of The Wayne
A. Cook
1998 Family Trust Dated 12/29/98.
“WRITING” is used as such term is defined in Evidence Code sectio
n 250, and means
10 handwriting, typewriting, printing, photostating, photographing, photocopying, transmi
tting by
it electronic mail or facsimile, and every other means of recording upon.a
ny tangible thing, any form
3? of communication or representation, including letters, words,
pictures, sounds, or symbols, or
a 13 combinations thereof, and any record thereby created, regardless
of the manner in which the record
ou has been stored.
i # is
215 “YOU” and “YOUR” means John Denton, successor trustee of The Edward
F, Niderost
“a Revocable Living Trast Dated November 8, 1998 and/or Conservator
g 17 Niderost.
of the Estate of Edward F.
18 “2185 ESPLANADE REAL ESTATE:CONTRACT” means the real estate contrac
t a copy
19 of which is attached hereto marked Exhibit 3.
“$674,062.39 PROMISSORY NOTE” means the promissory note a copy
of which is
21 attached hereto marked Exhibit 4.
23 DESIGNATION OF DOCUMENTS TO BE PRODUCED AT THE DEPOSITON
24 1, Each nonprivileged WRITING in YOUR possession or control evidencing
any act of
25 undue influe as nce
defined in Welfare & Institut
Codeions
section 15610.70 YOU contend was
26, committed by Wayne Cook as to EDWARD F. NIDEROST, TRUSTEE.
27 2, Bach nonprivileged WRITING in YOUR possession or control evidencing any
act of
28 undue influence as defined in Welfare & Institutions Code section 15610.70 YOU
contend was
3
NOTICE OF TAKING DEPOSITION ON ORAL EXAMINATION
1| committed by WAYNE COOK, TRUSTEE as to EDW
ARD F. NIDEROST, TRUSTEE,
2 ..-» 3.“Each nonprivileged WRITING in YOUR Posse
ssion or control evidencing any act of
3 undue influence as defined in Welfare & Institutio
ns Code section 15610.70 YOU contend was
4/| committed by Wayne Cook as to Edward F. Nider
ost,
5 -~4- Each’ nonprivileged WRITING in YOUR possession or control evidencing any act of
7 undue influence as defined in Welfare & Institutio
ns Code section 15610.70 YOU contend wes
7 | committed by WAYNE COOK, TRUSTER as to Edwar
d F. Niderost,
“3*Bach nonprivileged WRITING in YOUR possession
or control evidencing any act of
undue influence as defined in Welfare & Institutions
Code section 15610.70 YOU contend was
10 comunitted by any agent of Matthew N. Fine,
MD 401K Plan as to Edward F, Niderost.
11 6. Bach nonptivileged WRITING in YOUR possession
or control evidencing any act of
3? undue influence as defined in Welfare & Insti
tutions Code section 15610.70 YOU contend wes
13 comm by anyitagent te
of Matthd
ew N. Fine, MD 401K Flan as to EDWARD F. NIDEROST,
14 TRUSTEE.
“E §8 17 ny
8 is 7/ Bach nonprivileged WRITING in YOUR possession or control supporting the claim that
N. Fine, MD 401K Plan was a “debt collector” as defined
15 U.S.C.A, § 16922 (6).
; Each nonprivileged WRITING in YOUR possession or contro
! supporting the claim that
18 the Matthew N. Fine, MD 401K Plan was a “credi
tor” as defined in 15 U.S.C.A. § 1692a(4) with
19 Tespect to FINE $500,0 NOTE
00.
P* Fach nonpriviteged WRITING in YOUR possession
or control supporting the clan th
21 the Matthew N. Fine, MD 401K Plan's principal busine
ss purpose at any time subsequent to January
1, 2018 was the collection of debts.
10; Each nonprivileged WRITING in YOUR possession or
contro! supporting the claim that
the Matthew N. Fine, MD 401K Plan was at any time subse
quent to January 1, 2018 a person who
regularly collects debts on behaof other
lfs,
1 Bach nonprivileged WRITING in YOUR possession or
control supporting YOUR claim
27 that the FINE $500,000 DEED OF TRUST is unconscionable.
12. Each nonprivileged WRITING. in YOUR possession or
control supporting YOUR claim
4
NOTICE OF TAKING DEPOSITION ON ORAL EXAMINATION
; morn 062.39 PROMISSORY NOTE is unconsci
onable,
Each nonprivileged WRITING in YOUR
Possession or control supporting YOUR claim
that the 2185 ESPLANADE REAL ESTATE
CONTRACT is unconscionable,
& Each nonprivileged WRITING in YOU
R Possession or control supporting YOUR
claim
that there was a violation of Business and Prof
essions Code section 17200 committed by WAY
NE
COOK, TRUSTEE for conduct relating to
the FINE $500,000 NOTE,
ye. Each nomprivileged WRITING in YOUR
possession or control supporting the claim that
WAYNE COOK, TRUSTEE was 2 “debt
collector” as defined 15 U.S.C.A, § 1692a(6)
at any
9 time after Februa 12, ry
2020.
10 1: Each nonprivileged WRITING in YOU
R possession or control supporting the clai
m that
" WAYNE COOK, TRUSTEE was
a “creditor” as defined in 15 U.S.C.A. § 1692a
(4) with respect
3? |] to FINE $500,000 NOTE.
i
ach nonprvileged WRITING in YOUR possessi
on ot contol supporting te cli tha
ae fe WAYNE COOK, TRUSTEE
's principal business purpose at any time subs
[|
equent to February 12,
Ei
2020 waa the collecof tidebt
ons.
14. Bach nonpivieged WRITING in YOUR
postesson a contol ppt te cla ha
@ 17 WAYNE COOK, TRUSTEE was st any
time subsequent to Februry 12, 2020 a pers
on who
B regularly collects debts on beha
of other
lfs.
a
19 "JP Bach aomprivleged WRITING in YOUR
possession or control supporting the lat tat
20 WAYNE COOK, TRUSTEE took say action
at any tine subsequent to February 12, 2020
with
21 Tespect to the FINE $500,000 NOTE,
other than to seek foreclosure of property purs
uant to a deed
22 of trust.
23 70a soviet WRITING ia YOUR pour tt
eyeing cn a
24 WAYNE COOK TRUSTEE was at any time subsequent
to February 12, 2020 was a “creditor” as
25 defined in 15 U.S.C.A. § 1602(g).
26 21, Each nonprivileged WRETING in YOU
R possession or control that Edward P. Nide
rost
27 did not intend as of February 13, 2020, to
occupy the REAL PROPERTY as his residenc
e.
28 22. Each nonprivileged WRITING in YOUR poss
ession or control supporting the claim that
NOTICE OF TAKING DEPOSITION ON ORAL EXA
MINATION
1 WAYNE COOK, TRUSTEE was
at any time subsequent to January 1, 2018
was « “creditor” as
2 defined in 12 C.F.R, § 1026.2(a)(17)(i)
.
3 F. Bach nonprivileged WRITING in
YOUR possession or control supporting
the claim that
4 Hine FINE $500,000 DEE
D OF TRUST was a “high cost mortgage
” as defined under 15 U.S.C.
5 §1602(6b)(1)(A))Q).
6 24. Bach nonprivileged WRITING in
YOUR possession or control supporting
the clan tht
7 WAYNE COOK. TRUSTEE at any time
subsequent to January 1, 2020, commit
ted any “unfair,
8 deceptive or abusive acts or practices”
as such terms are used in 12. USC § 5536.
9 ~ Bach nonprivileged WRITING in YOU
R possession or control supporting the clai
m tha
10 | WAYNE COOK, TRUSTEE at ay
time subsequent to January 1, 2018, soug
ht to obtain »
n | deficiency judgment for the $674,062.39
PROMISSORY NOTE,
12 26. Hach nonprivileged WRITING in YOU
|:i
R possession or control supporting the clai
m that
131) WAYNENE COOK, TRUSTEE breached
the implied covenant of good faith and
|
14)/ respecto
t the FINE $500,000 DEED OF TRUST.
fair dealing with
§
a 8 is
i
27
Hach nonrivieged WRFTING in YOUR
a posession ot contol supporting the cao
a
“3 16]| WAYNE COOK, TRUSTEE breached
the implied covenant of
i respectot the FINE $500,000 NOTE,
g 17
18 ' Each nonpriviteged WRITING. in YOUR
possession or control supporting the claim thet
19}; WAYNE COOK, TRUSTEE breached
the implied covenant of good faith and fair
dealing with
20 Tespect to the $674,062.39 PROMISSORY
NOTE.
21 * Bach nouprivileged WRITING in YOUR
possession or control supporting the claim
that
22 WAYNE COOK, TRUSTEE breached the
implied covenant of good faith and fair deal
ing with
23 respect to the 2185 ESPLANADE REA
L ESTATE CONTRACT,
24 jet Bach honprivileged WRITING in YOU
R Possession or control Supporting any dama
ges
25 claimed in this acti
by on
YOU.
26 ¢ Bach WRITING in YOUR possession or
control evidencing: any contract between
27 EDWARD F, NIDEROST, TRUSTEE and
WAYNE A. COOK, TRUSTEE wiich mentions or
28 refers to the REAL PROPERTY.
NOTICE OF TAKING DEPOSITION ON ORAL
EXAMINATION
1 26 cs WRITING ia YOUR peso o ntl eiaceg my emsrenee
2 iEDWARD F. NIDEROST, TRUSTEE and Wayn
e A Cook which mentions or refers to the REAL
3} PROPERTY,
4 387 Bach WRITING in YOUR possession or contr
ol evidencing any modification of sxy
5 contract betweenEDWARD F. NIDEROST, TRUS