On April 22, 2020 a
Motion-Secondary
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.
Preview
ClV-141
ATTORNEY 0R PARTY WITHOUT ATTORNEY: STATE BAR NO: FOR COURT USE ONLY
NAME: Raymond L. Sandelman SBN 078020
FiRM NAME:Attorney at Law
STREET ADDRESS:196 Cohasset Road, Suite 225
CiTY: Chico STATE; CA ZIP CODE: 95926-2284 Superb CamdCIIhrnll
unannoun-
TELEPHONE NO: (530) 343-5090 FAX NO.: (530) 343-5091
GWWHBUIH
rufBunn
E-MAIL ADDRESS:Raymond@sandelmanlaw.com l I
ATTORNEY FOR(Name):Way1'IC A. Cook, Trustee
SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE
L 2/11/2021 L
STREET ADDREss:1775 Concord Avenue E E
1775 Concord Avenue
MAILING ADDRESS: D F. D
CITY AND ZIP CODE: Chico, CA 95928
51"
BRANCH NAME; North Butte County Courthouse
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
20CV00905
IN SUPPORT OF AUTOMATIC EXTENSION
1. (Name of party): Wayne A. Cook, Trustee was served with
D a complaint D an amended complaint D a cross-complaint
D an answer m other (specify): Amended Cross Complaint
in the above—titled action.
2. For a demurrer or motion to strike, a responsive pleading is due on (date): February 17, 2021
DECLARATION
l Before l can do so,
intend to file a demurrer, motion to strike, or motion forjudgment on the pleadings in this action. l am
required to
meet and confer with the party who filed the pleading that l am responding to at least five days before the date when the 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 (ifl am filing a motion forjudgment on the pleadings). We have not been able to meet and confer, l have not
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, l am entitled to an automatic
30-day extension of time within which to file a
responsive pleading or motion forjudgment on the pleadings.
l 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 l am filing a demurrer or motion to strike) and at feast five days before the last day a motion forjudgment on the
pleadings may be filed (ifl am filing a motion forjudgment on the pleadings). l was unable to meet with that party because
(the reasons why the parties could not meet and confer are stated):
m below D on form MC—031, Attached Declaration
I sent counsel for defendants a detailed meet and confer email on February 10, 2021 with an amendment on February 11, 2021
explaining the pleading deficiencies of the Amended Cross Complaint which also stated that I would telephone in the afternoon
0f February 11, 2021 to discuss the pleading deficiencies. I telephoned Ms. Knowles on February 11, 2021 at approximately
1:45 p.m. and she was unavailable.
ldeclare under penalty of perjury under the laws of the State of California that the information above is true and correct.
Date: February 11, 2021
Ravmond L Sandelman } feisty“? U i "Lit-’1“?
(NAME OF PARTY 0R ATTORNEY FOR PARTY) (SIGNATURE OF PARTY OR ATTORNEY FOR PARTY)
P age
1o f1
Use DECLARATION OF DEMURRING OR MOVING PARTY
508m Apgrovedlio; Cog; gggml
argscesdu‘rgé
SUPPORT 0F AUTOMATIC EXTENSION
C(")p'tifonal
CH3" Essential
c‘ivii'ti [QZCFls’mafiy' $73819] IN www.commgov
cebxomi
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 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
95926—2284
10
Larry Gene Lushanko
(530) 343-5090 / (530) 343—5091 (FAX)
11 Law Office of Larry G. Lushanko
196 COHASSET ROAD, SUITE 225, CHICO, CA
E
RAYMOND L. SANDELMAN
1241 Mission Rd.
12
ATTORNEY AT LAW
Fallbrook, CA 92028
13
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
and mailing, following our ordinary business practices. I am readily familiar with this
16 business's practice for collecting and processing correspondence for mailing, itis deposited in the
ordinary course of business with the United States Postal Service, in a sealed envelope with postage
17
fully prepaid. I am employed in the county where the mailing occurred. The envelope or package
18 was placed in the mail at Chico, CA.
19 BY TRANSMITTING THE DOCUMENT(S) ELECTRONICALLY via the following
X email addresses: david@davidgriffithlaw.com; jameson@griffithandhorn.com;
20
sknowles@chicolawyer.com; office@lushankolaw.com
21
I certify under penalty of perjury that the foregoing is true and correct, and this declaration
22 of service was executed on l/ 2021 at Chico, California.
February ,
23
24
Wéndy
d!Hoy
V
C
25 0»
26
27
m:lorig_data\worklclient directorieslcook,
wayne 181411703declaration 211.docx
28
PROOF OF SERVICE
Preview
ClV-141 ATTORNEY 0R PARTY WITHOUT ATTORNEY: STATE BAR NO: FOR COURT USE ONLY NAME: Raymond L. Sandelman SBN 078020 FiRM NAME:Attorney at Law STREET ADDRESS:196 Cohasset Road, Suite 225 CiTY: Chico STATE; CA ZIP CODE: 95926-2284 Superb CamdCIIhrnll unannoun- TELEPHONE NO: (530) 343-5090 FAX NO.: (530) 343-5091 GWWHBUIH rufBunn E-MAIL ADDRESS:Raymond@sandelmanlaw.com l I ATTORNEY FOR(Name):Way1'IC A. Cook, Trustee SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE L 2/11/2021 L STREET ADDREss:1775 Concord Avenue E E 1775 Concord Avenue MAILING ADDRESS: D F. D CITY AND ZIP CODE: Chico, CA 95928 51" BRANCH NAME; North Butte County Courthouse 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 20CV00905 IN SUPPORT OF AUTOMATIC EXTENSION 1. (Name of party): Wayne A. Cook, Trustee was served with D a complaint D an amended complaint D a cross-complaint D an answer m other (specify): Amended Cross Complaint in the above—titled action. 2. For a demurrer or motion to strike, a responsive pleading is due on (date): February 17, 2021 DECLARATION l Before l can do so, intend to file a demurrer, motion to strike, or motion forjudgment on the pleadings in this action. l am required to meet and confer with the party who filed the pleading that l am responding to at least five days before the date when the 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 (ifl am filing a motion forjudgment on the pleadings). We have not been able to meet and confer, l have not 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, l am entitled to an automatic 30-day extension of time within which to file a responsive pleading or motion forjudgment on the pleadings. l 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 l am filing a demurrer or motion to strike) and at feast five days before the last day a motion forjudgment on the pleadings may be filed (ifl am filing a motion forjudgment on the pleadings). l was unable to meet with that party because (the reasons why the parties could not meet and confer are stated): m below D on form MC—031, Attached Declaration I sent counsel for defendants a detailed meet and confer email on February 10, 2021 with an amendment on February 11, 2021 explaining the pleading deficiencies of the Amended Cross Complaint which also stated that I would telephone in the afternoon 0f February 11, 2021 to discuss the pleading deficiencies. I telephoned Ms. Knowles on February 11, 2021 at approximately 1:45 p.m. and she was unavailable. ldeclare under penalty of perjury under the laws of the State of California that the information above is true and correct. Date: February 11, 2021 Ravmond L Sandelman } feisty“? U i "Lit-’1“? (NAME OF PARTY 0R ATTORNEY FOR PARTY) (SIGNATURE OF PARTY OR ATTORNEY FOR PARTY) P age 1o f1 Use DECLARATION OF DEMURRING OR MOVING PARTY 508m Apgrovedlio; Cog; gggml argscesdu‘rgé SUPPORT 0F AUTOMATIC EXTENSION C(")p'tifonal CH3" Essential c‘ivii'ti [QZCFls’mafiy' $73819] IN www.commgov cebxomi 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 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 95926—2284 10 Larry Gene Lushanko (530) 343-5090 / (530) 343—5091 (FAX) 11 Law Office of Larry G. Lushanko 196 COHASSET ROAD, SUITE 225, CHICO, CA E RAYMOND L. SANDELMAN 1241 Mission Rd. 12 ATTORNEY AT LAW Fallbrook, CA 92028 13 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 and mailing, following our ordinary business practices. I am readily familiar with this 16 business's practice for collecting and processing correspondence for mailing, itis deposited in the ordinary course of business with the United States Postal Service, in a sealed envelope with postage 17 fully prepaid. I am employed in the county where the mailing occurred. The envelope or package 18 was placed in the mail at Chico, CA. 19 BY TRANSMITTING THE DOCUMENT(S) ELECTRONICALLY via the following X email addresses: david@davidgriffithlaw.com; jameson@griffithandhorn.com; 20 sknowles@chicolawyer.com; office@lushankolaw.com 21 I certify under penalty of perjury that the foregoing is true and correct, and this declaration 22 of service was executed on l/ 2021 at Chico, California. February , 23 24 Wéndy d!Hoy V C 25 0» 26 27 m:lorig_data\worklclient directorieslcook, wayne 181411703declaration 211.docx 28 PROOF OF SERVICE