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Larry G. Lushanko, Esq. (SB¹69143)
I o(nceCaiiushankolaw.corn
Brittney L. Lushanko, Esq. (SB¹272959)
2 brittnevtcvlushankolaw.corn
LAW OFFICES OF LARRY G. LUSHANKO 2/17/2021
3 1241 East Mission Road
Fallbrook, California 92028
4 Telephone: (760) 728-9899
Facsimile: (760) 728-9499
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Attorneys for Cross-Defendant/Cross-Complainant
6 LAURENCE PATTERSON
SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 COUNTY OF BUTTE, NORTH BUTTE COUNTY COURTHOUSE
WAYNE A. COOK, Trustee of the Wayne A. Case No.: 20CV00905
Cook 1998 Family Trust Dated 12/29/98,
LAURENCE PATTERSON'S CROSS-
12 COMPLAINT FOR:
Plaintiff,
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1. BREACH OF CONTRACT;
2. DECLARATORY RELIEF
V.
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EDWARD F. NIDEROST, individually; and Assigned for All Purposes to:
as Trustee of THE EDWARD F. NIDEROST Judge: Hon. Tamara L. Mosbarger
REVOCABLE LIVING TRUST Dated Dept: 1
November 8, 1998; DOES I through 10, Complaint Filed: April 22, 2020
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Defendants.
EDWARD F. NIDEROST, INDIVIDUALLY;
19 AND AS TRUSTEE OF THE EDWARD F.
NIDEROST REVOCABLE LIVING TRUST
20 DATED NOVEMBER 8, 1998;
21 Cross-Complainant,
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V.
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WAYNE A. COOK, INDIVIDUALLY AND
24 AS TRUSTEE OF THE WAYNE A. COOK
1998 FAMILY TRUST DATED 12/29/98;
25 LAWRENCE PATTERSON; GENE
CULLEY; MID VALLEY TITLE AND
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ESCROW COMPANY; and ROES I through
25, inclusive,
28 Cross-Defendants.
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LAURENCE PATI'ERSON'S CROSS-COMPLAINT
LAURENCE PATTERSON, an individual,
I
Cross-Complainant,
3 V.
4 ERWIN WILLIAMS, as Guardian Ad Litem
for Edward F. Niderost; JOHN DENTON, as
Successor Trustee of the Edward F. Niderost
Revocable Living Trust Dated November 8,
1998; and MOES I through 10,
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Cross-Defendants.
9 COMES NOW Cross-Defendant/ Cross-Complainant LAURENCE PATTERSON, an
10 individual (" Cross-Complainant" or "PATTERSON") alleging the following allegations against
11 Cross-Defendants ERWIN WILLIAMS, as Guardian Ad Litem for Edward F. Niderost; JOHN
12 DENTON, as Successor Trustee of the Edward F. Niderost Revocable Living Trust Dated
13 November 8, 1998; and MOES I through 10 (hereinafter collectively "Cross-Defendants") as
14 follows:
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16 PARTIES AND VENUE
17 1. Cross-Complainant LAURENCE PATTERSON, is an individual who now resides in the
18 State of Arkansas.
19 2. Cross-Defendant ERWIN WILLIAMS (" WILLIAMS" ) is the Guardian Ad Litem for
20 Edward Niderost, an individual residing in Butte County, California.
21 3. Cross-Defendant JOHN DENTON ("DENTON") is the Successor Trustee for the Edward F.
22 Niderost Revocable Living Trust Dated November 8, 1998.
23 4. The true names and capacities of the Cross-Defendants sued herein as MOES I through 20,
24 inclusive, are presently unknown to Cross-Complainant and Cross-Complainant therefore
25 sues said parties by their fictitious names. Cross-Complainant will amend the Cross-
26 Complaint to allege the true names and capacities of said fictitiously named parties when
27 they have been ascertained.
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LAURENCE PATTERSON'S CROSS-COMPLAINT
I 5. Cross-Complainant alleges on information and belief that, at all relevant times, each of the
2 Cross-Defendants, including those sued by fictitious names, were the agents, employees,
3 representatives, joint venturers and/or alter egos of each of the other Cross-Defendants, that
4 the acts and omissions of each of the Cross-Defendants were within the course and scope of
5 said status; and that each of the Cross-Defendants was responsible for the acts or omissions
6 alleged herein.
7 6. Venue is proper in this Court because the majority of actions, events and injuries that give
8 rise to this Cross-Complaint occurred in the County of Butte, State of California.
10 SUMMARY OF FACTS
11 7. On February 1, 2020, pursuant to a written contract (" Purchase Contract" ), Cross-
12 Complainant sold his home, a single-family residence commonly known as 14174 Racine
13 Circle, Magalia, California (" Property" ) to Cross-Defendant Edward F. Niderost,
14 Individually and as Trustee of the Edward F. Niderost Revocable Living Trust Dated
15 November 8, 1998 ("NIDEROST").
16 8. On June 12, 2020, DENTON, as Successor Trustee for NIDEROST, brought suit against
17 PATTERSON in Butte County Superior Court, Case No. 20CV00905, alleging Elder Abuse,
18 Common Counts, Civil Conspiracy For Fraud, Involuntary Trust, Fraud, Declaratory and
19 Injunctive Relief, Breach of Fiduciary Duty, Unconscionability, Predatory Lending,
20 Cancellation of Instruments, and Breach of the Covenant of Good Faith and Fair Dealing.
21 The allegations in NIDEROST'S Cross-Complaint are hereby incorporated by reference as
22 though fully set forth herein. PATTERSON denies the allegations therein, and any liability
23 stemming Irom the allegations contained therein.
24 9. On January 13, 2021, DENTON, as Successor Trustee for NIDEROST, filed a First
25 Amended Cross-Complaint alleging substantially the same causes of action and the same
26 allegations. The allegations in NIDEROST'S Cross-Complaint are hereby incorporated by
27 reference as though fully set forth herein. PATTERSON denies the allegations therein, and
any liability stemming from the allegations contained therein.
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LAURENCE PATTERSON'S CROSS-COMPLAINT
FIRST CAUSE OF ACTION
(Breach of Contract)
4 10. Cross-Complainant re-alleges and incorporates herein by reference all the allegations of
5 1-9 of this Cross-Complaint as though fully set forth herein.
paragraphs
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11. The NIDEROST Cross-Complaint against PATTERSON repudiating the Purchase Contract
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constitutes a breach of the contract entitling PATTERSON to damages incurred by him
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arising from NIDEROST's breach.
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12. PATTERSON has performed all elements of the Purchase Contract as required by him
11 pursuant to the terms of the Purchase Contract.
13. The amount of damages incurred by PATTERSON is unknown to him at this time, but will
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be proven at the time of trial.
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IV.
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SECOND CAUSE OF ACTION
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(Declaratory Relief)
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14. Cross-Complainant re-alleges and incorporates herein by reference all the allegations of
19 paragraphs 1-13 of this Cross-Complaint as though fully set forth herein.
15. A dispute has arisen between PATTERSON and NIDEROST regarding their rights and
21
obligations under the terms of the Purchase Contract. PATTERSON contends that the
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Purchase Contract is valid, enforceable, and is fully executed, and NIDEROST denies the
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enforceability of the Purchase Contract.
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16. The parties desire a judicial determination as to the validity of the Purchase Contract and a
26 judicial determination of the status of the purchase and sale of the Property.
27 WHEREFORE, PATTERSON prays for judgment against NIDEROST and ROES 1-20, and
each of them, as follows:
4
LAURENCE PATTERSON'S CROSS-COMPLAINT
1. For general damages according to proof;
1
2. For compensatory damages according to proof;
3. For all expenses incurred in the collection of the above amounts;
4 4. For costs of the suit; and
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5. For such other and further relief as the Court deems just, reasonable, and proper.
6
DATED: February 17, 2021 Law anko
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Latry G. Lushanko, Esq.
Brittney L. Lushanko, Esq.
Attorneys for Cross-Defendant LAURENCE
PATTERSON
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LAURENCE PATTERSON'S CROSS-COMPLAINT
Cook v. Niderost, and Related Cross-Actions
Superior Court of California, County of Butte
Case No.: 20CV00905
PROOF OF SERVICE
4 I declare that I am over the age of eighteen years and not a party to the within action. I
am employed in, or am a resident of, the County of San Diego, California; my business address
is 1241 E. Mission Road, Fallbrook, California 92028.
6
I further declare that on this date I served a copy of the following document(s):
LAURENCE PATTERSON'S CROSS-COMPLAINT FOR:
1. BREACH OF CONTRACT;
2, DECLARATORY RELIEF
10 on the following in the manner described below:
Raymond L. Sandelman Sara M. Knowles
Attorney at Law Leland, Morrissey & Knowles, LLP
12
196 Cohasset Road, Suite 225 1660 Humboldt Road, Ste. 6
13 Chico, CA 95926-2284 Chico, CA 95928
(530) 343-5090 (530) 342-4500
14 Attorney for Plaintiff/Cross-Defendant Attorney for Defendant/Cross-Complainant
Cook Niderost
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David Gri ffith Erwin Williams
16
Griffith, Hom 4 Sheehan, LLP 55 Independence Circle, Ste. 106
17 1530 Humboldt Road, Ste. 3 Chico, CA 95973
Chico, CA 95928 (530) 877-4961
18 (530) 812-1000 Guardian Ad Litem for Edward Niderost
Attorney for Cross-Defendant Culley lawo ffice mlbwlaw.org
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[ X ] BY MAIL. I caused such envelope to be placed for collection and mailing following this
firm's ordinary business practices. I am readily familiar with the firm's practice of collection and
21 processing correspondence for mailing. Under that practice, on the same day that
correspondence is placed for collection and mailing, it is deposited with the U.S. Postal Service
22 in a sealed envelope with postage fully prepaid. I am aware that on motion of party served,
service is presumed invalid if postal cancellation date or postage meter date is more that (1) day
afier date of deposit for mailing in affidavit.
24
[ ] BY CERTIFIED MAIL. I caused such envelope with postage thereon fully prepaid for
25 Certified Mail Return Receipt Requested to be placed in the United States Mail in Fallbrook,
CA.
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[ ] BY EXPRESS MAIL OR ANOTHER METHOD OF DELIVER PROVIDING FOR
OVERNIGHT DELIVERY.
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LAURENCE PATTERSON'S CROSS-COMPLAINT
[ ] BY ELECTRONIC FILING AND/OR SERVICE. I served a true copy electronically
with all exhibits via Onelegal
2
[ ] BY FEDERAL EXPRESS. I deposited the Federal Express envelope containing the
3 aforementioned documents in the Federal Express depository located in Fallbrook, California.
4 [ ] BY PERSONAL SERVICE. I delivered such documents personally.
[ ] BY FACSIMILE SERVICE. I transmitted the foregoing document by facsimile to the
party(s) identified above using the facsimile number(s) indicated and the activity report
generated by said facsimile machine indicated all pages were transmitted without error.
7
I declare that I am employed in the office of a member of the bar of this court at whose
direction the service was made and under penalty of perjury under the laws of the State of
California that the foregoing is true and correct.
10 Executed on February 17, 2021
Jennfer Kt'Ies
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LAURENCE PATTERSON'S CROSS-COMPLAINT
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Larry G. Lushanko, Esq. (SB¹69143) I o(nceCaiiushankolaw.corn Brittney L. Lushanko, Esq. (SB¹272959) 2 brittnevtcvlushankolaw.corn LAW OFFICES OF LARRY G. LUSHANKO 2/17/2021 3 1241 East Mission Road Fallbrook, California 92028 4 Telephone: (760) 728-9899 Facsimile: (760) 728-9499 5 Attorneys for Cross-Defendant/Cross-Complainant 6 LAURENCE PATTERSON SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF BUTTE, NORTH BUTTE COUNTY COURTHOUSE WAYNE A. COOK, Trustee of the Wayne A. Case No.: 20CV00905 Cook 1998 Family Trust Dated 12/29/98, LAURENCE PATTERSON'S CROSS- 12 COMPLAINT FOR: Plaintiff, 13 1. BREACH OF CONTRACT; 2. DECLARATORY RELIEF V. 14 EDWARD F. NIDEROST, individually; and Assigned for All Purposes to: as Trustee of THE EDWARD F. NIDEROST Judge: Hon. Tamara L. Mosbarger REVOCABLE LIVING TRUST Dated Dept: 1 November 8, 1998; DOES I through 10, Complaint Filed: April 22, 2020 17 Defendants. EDWARD F. NIDEROST, INDIVIDUALLY; 19 AND AS TRUSTEE OF THE EDWARD F. NIDEROST REVOCABLE LIVING TRUST 20 DATED NOVEMBER 8, 1998; 21 Cross-Complainant, 22 V. 23 WAYNE A. COOK, INDIVIDUALLY AND 24 AS TRUSTEE OF THE WAYNE A. COOK 1998 FAMILY TRUST DATED 12/29/98; 25 LAWRENCE PATTERSON; GENE CULLEY; MID VALLEY TITLE AND 26 ESCROW COMPANY; and ROES I through 25, inclusive, 28 Cross-Defendants. -1- LAURENCE PATI'ERSON'S CROSS-COMPLAINT LAURENCE PATTERSON, an individual, I Cross-Complainant, 3 V. 4 ERWIN WILLIAMS, as Guardian Ad Litem for Edward F. Niderost; JOHN DENTON, as Successor Trustee of the Edward F. Niderost Revocable Living Trust Dated November 8, 1998; and MOES I through 10, 7 Cross-Defendants. 9 COMES NOW Cross-Defendant/ Cross-Complainant LAURENCE PATTERSON, an 10 individual (" Cross-Complainant" or "PATTERSON") alleging the following allegations against 11 Cross-Defendants ERWIN WILLIAMS, as Guardian Ad Litem for Edward F. Niderost; JOHN 12 DENTON, as Successor Trustee of the Edward F. Niderost Revocable Living Trust Dated 13 November 8, 1998; and MOES I through 10 (hereinafter collectively "Cross-Defendants") as 14 follows: 15 16 PARTIES AND VENUE 17 1. Cross-Complainant LAURENCE PATTERSON, is an individual who now resides in the 18 State of Arkansas. 19 2. Cross-Defendant ERWIN WILLIAMS (" WILLIAMS" ) is the Guardian Ad Litem for 20 Edward Niderost, an individual residing in Butte County, California. 21 3. Cross-Defendant JOHN DENTON ("DENTON") is the Successor Trustee for the Edward F. 22 Niderost Revocable Living Trust Dated November 8, 1998. 23 4. The true names and capacities of the Cross-Defendants sued herein as MOES I through 20, 24 inclusive, are presently unknown to Cross-Complainant and Cross-Complainant therefore 25 sues said parties by their fictitious names. Cross-Complainant will amend the Cross- 26 Complaint to allege the true names and capacities of said fictitiously named parties when 27 they have been ascertained. -2- LAURENCE PATTERSON'S CROSS-COMPLAINT I 5. Cross-Complainant alleges on information and belief that, at all relevant times, each of the 2 Cross-Defendants, including those sued by fictitious names, were the agents, employees, 3 representatives, joint venturers and/or alter egos of each of the other Cross-Defendants, that 4 the acts and omissions of each of the Cross-Defendants were within the course and scope of 5 said status; and that each of the Cross-Defendants was responsible for the acts or omissions 6 alleged herein. 7 6. Venue is proper in this Court because the majority of actions, events and injuries that give 8 rise to this Cross-Complaint occurred in the County of Butte, State of California. 10 SUMMARY OF FACTS 11 7. On February 1, 2020, pursuant to a written contract (" Purchase Contract" ), Cross- 12 Complainant sold his home, a single-family residence commonly known as 14174 Racine 13 Circle, Magalia, California (" Property" ) to Cross-Defendant Edward F. Niderost, 14 Individually and as Trustee of the Edward F. Niderost Revocable Living Trust Dated 15 November 8, 1998 ("NIDEROST"). 16 8. On June 12, 2020, DENTON, as Successor Trustee for NIDEROST, brought suit against 17 PATTERSON in Butte County Superior Court, Case No. 20CV00905, alleging Elder Abuse, 18 Common Counts, Civil Conspiracy For Fraud, Involuntary Trust, Fraud, Declaratory and 19 Injunctive Relief, Breach of Fiduciary Duty, Unconscionability, Predatory Lending, 20 Cancellation of Instruments, and Breach of the Covenant of Good Faith and Fair Dealing. 21 The allegations in NIDEROST'S Cross-Complaint are hereby incorporated by reference as 22 though fully set forth herein. PATTERSON denies the allegations therein, and any liability 23 stemming Irom the allegations contained therein. 24 9. On January 13, 2021, DENTON, as Successor Trustee for NIDEROST, filed a First 25 Amended Cross-Complaint alleging substantially the same causes of action and the same 26 allegations. The allegations in NIDEROST'S Cross-Complaint are hereby incorporated by 27 reference as though fully set forth herein. PATTERSON denies the allegations therein, and any liability stemming from the allegations contained therein. -3- LAURENCE PATTERSON'S CROSS-COMPLAINT FIRST CAUSE OF ACTION (Breach of Contract) 4 10. Cross-Complainant re-alleges and incorporates herein by reference all the allegations of 5 1-9 of this Cross-Complaint as though fully set forth herein. paragraphs 6 11. The NIDEROST Cross-Complaint against PATTERSON repudiating the Purchase Contract 7 constitutes a breach of the contract entitling PATTERSON to damages incurred by him 8 arising from NIDEROST's breach. 9 12. PATTERSON has performed all elements of the Purchase Contract as required by him 11 pursuant to the terms of the Purchase Contract. 13. The amount of damages incurred by PATTERSON is unknown to him at this time, but will 13 be proven at the time of trial. 14 IV. 15 SECOND CAUSE OF ACTION 16 (Declaratory Relief) 17 14. Cross-Complainant re-alleges and incorporates herein by reference all the allegations of 19 paragraphs 1-13 of this Cross-Complaint as though fully set forth herein. 15. A dispute has arisen between PATTERSON and NIDEROST regarding their rights and 21 obligations under the terms of the Purchase Contract. PATTERSON contends that the 22 Purchase Contract is valid, enforceable, and is fully executed, and NIDEROST denies the 23 enforceability of the Purchase Contract. 24 16. The parties desire a judicial determination as to the validity of the Purchase Contract and a 26 judicial determination of the status of the purchase and sale of the Property. 27 WHEREFORE, PATTERSON prays for judgment against NIDEROST and ROES 1-20, and each of them, as follows: 4 LAURENCE PATTERSON'S CROSS-COMPLAINT 1. For general damages according to proof; 1 2. For compensatory damages according to proof; 3. For all expenses incurred in the collection of the above amounts; 4 4. For costs of the suit; and 5 5. For such other and further relief as the Court deems just, reasonable, and proper. 6 DATED: February 17, 2021 Law anko 10 Latry G. Lushanko, Esq. Brittney L. Lushanko, Esq. Attorneys for Cross-Defendant LAURENCE PATTERSON 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -5- LAURENCE PATTERSON'S CROSS-COMPLAINT Cook v. Niderost, and Related Cross-Actions Superior Court of California, County of Butte Case No.: 20CV00905 PROOF OF SERVICE 4 I declare that I am over the age of eighteen years and not a party to the within action. I am employed in, or am a resident of, the County of San Diego, California; my business address is 1241 E. Mission Road, Fallbrook, California 92028. 6 I further declare that on this date I served a copy of the following document(s): LAURENCE PATTERSON'S CROSS-COMPLAINT FOR: 1. BREACH OF CONTRACT; 2, DECLARATORY RELIEF 10 on the following in the manner described below: Raymond L. Sandelman Sara M. Knowles Attorney at Law Leland, Morrissey & Knowles, LLP 12 196 Cohasset Road, Suite 225 1660 Humboldt Road, Ste. 6 13 Chico, CA 95926-2284 Chico, CA 95928 (530) 343-5090 (530) 342-4500 14 Attorney for Plaintiff/Cross-Defendant Attorney for Defendant/Cross-Complainant Cook Niderost 15 David Gri ffith Erwin Williams 16 Griffith, Hom 4 Sheehan, LLP 55 Independence Circle, Ste. 106 17 1530 Humboldt Road, Ste. 3 Chico, CA 95973 Chico, CA 95928 (530) 877-4961 18 (530) 812-1000 Guardian Ad Litem for Edward Niderost Attorney for Cross-Defendant Culley lawo ffice mlbwlaw.org 19 [ X ] BY MAIL. I caused such envelope to be placed for collection and mailing following this firm's ordinary business practices. I am readily familiar with the firm's practice of collection and 21 processing correspondence for mailing. Under that practice, on the same day that correspondence is placed for collection and mailing, it is deposited with the U.S. Postal Service 22 in a sealed envelope with postage fully prepaid. I am aware that on motion of party served, service is presumed invalid if postal cancellation date or postage meter date is more that (1) day afier date of deposit for mailing in affidavit. 24 [ ] BY CERTIFIED MAIL. I caused such envelope with postage thereon fully prepaid for 25 Certified Mail Return Receipt Requested to be placed in the United States Mail in Fallbrook, CA. 26 [ ] BY EXPRESS MAIL OR ANOTHER METHOD OF DELIVER PROVIDING FOR OVERNIGHT DELIVERY. 28 -6- LAURENCE PATTERSON'S CROSS-COMPLAINT [ ] BY ELECTRONIC FILING AND/OR SERVICE. I served a true copy electronically with all exhibits via Onelegal 2 [ ] BY FEDERAL EXPRESS. I deposited the Federal Express envelope containing the 3 aforementioned documents in the Federal Express depository located in Fallbrook, California. 4 [ ] BY PERSONAL SERVICE. I delivered such documents personally. [ ] BY FACSIMILE SERVICE. I transmitted the foregoing document by facsimile to the party(s) identified above using the facsimile number(s) indicated and the activity report generated by said facsimile machine indicated all pages were transmitted without error. 7 I declare that I am employed in the office of a member of the bar of this court at whose direction the service was made and under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 10 Executed on February 17, 2021 Jennfer Kt'Ies /s~- 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -7- LAURENCE PATTERSON'S CROSS-COMPLAINT