On April 22, 2020 a
Party Notice
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
‘SUPERIOR CCURT OF CALIFORNIA, COUNTY OF BUTTE RULES
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
‘Sara M. Knowles (SBN 216139)
land, up
teChico,
80 HuInt Roed, ule 8
CA 95928
F Superior Court of California F
TELEPHONE: (539) 342-4500
FAX NO. (Optional): (530) 345-6836
ATTORNEY FOR (Name): John Denton | County of Butte
|
SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE L 3/12/2021 L
[[] Butte County Courthouse North Butte County Courthouse E E
‘One Court Street, Oroville, CA 95965.
(530) £32-7002
1775 Concord Avenue, Chico, CA 95928
(530) 532-7002 D Fl r plerk D
By Deputy
PETITIONER/PLAINTIFF: WAYNE A. COOK, TRUSTEE OF THE WAYNE A. COCK 1998 FAMILY TRUST DATED 12/29/98 Electronically FILED
RESPONDENT/DEFENDANT: EDWARD F. NIDEROST, et. al.
OTHER:
fl DECLARATION RE: NOTICE OF EX PARTE APPLICATION FOR ORDERS (CASE NUMBER:
(7 ORDER SHORTENING TIME 20CV00905
|, Sara M. Knowles do declare:
1 That | am B Counsel for O Piaintiff El Defendant in the within action.
2 lhave given notice of the present application for an ex parte order and/or order shortening time to:
i Counsel for HI Plaintiff E1 Defendant in the following manner:
a. 0 Bytelephone call: at -m.,on 20.
The person to wham | spoke was
The message left was:
b. GI By letter: mafnailed Dpersonally delivered at$:0Q__0.m.,on March 10 20 4N
Ateck Ablececd hearts Cred tLe eoregoruscn
| received the following response to sai aneti ce: Rarer buy Acbtreer
Mr. Sandelman stated he planned to oppose the Ex Parte Application.
| did not give notice of the present application for the following reason(s) indicated:
a. O Notice of this ex parte application would frustrate the purpose of the orders sought herein.
(Explain)*
b. 01 The applicant would suffer immediate and irreparable harm before the adverse party could be heard in
opposition.
(Explain)*
(LM.010) Page 1 of 2 (A.D. 1-1-18)
Optional
DECLARATION RE: NOTICE OF EX PARTE APPLICATION FOR ORDERS AND/OR ORDERS SHORTENING TIME
SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE RULES
c. O No significant direct burden or inconvenience to the adverse party will be likely to result from the order
sought herein.
(Exolain)*
d. O1 Prior attempts to give notice have failed and would probably be futile or unduly burdensome.
(Exolain)*
NOTE: CALIFORNIA RULE OF COURT 3.1200-3.1207 GOVERNS NOTICE REQUIREMENT
| Declare under Penalty of Perjury under the Laws of the State of California That the Foregoing Is True and Correct.
Place: Chico, CA Date: March 14 2021
Sara M. Knowles
(Type or Print Name)
Me
“—
(Signature of Party or Party's Attorney)
ORDER SHORTENING TIME
Time for: O service is shortened. Service shal! be on / or before 20.
(Date)
O hearing is shortened. Hearing is set 20,
(Date)
Date: 20.
(Judge/Commissioner of the Superior Court)
(LM.010) Page 2 of 2 (A.D. 1-1-18)
Optional
DECLARATION RE: NOTICE OF EX PARTE APPLICATION FOR ORDERS AND/OR ORDERS SHORTENING TIME
EXHIBIT 2.b
Sara Knowles
From: Sara Knowles
Sent: Wednesday, March 10, 2021 5:09 PM
To: Raymond L. Sandelman; office@lushankolaw.com; gculley@sbcglobal.net; Bill Chance
Cc: Sarah Vercruysse
Subject: ex parte hearing
Gentlemen —
| will be filing an ex parte application seeking the court’ s permission to permit an amendment to the cross-complaint to
delete references to a deficiency judgment (paragraphs 29 and 30) , to add additional facts discovered through
depositions {such as the action of Mr. Cook in acting as an unlicensed mortgage broker), to remove the reference to
predatory lending and to include exhibits that were inadvertently omitted. Leave will also be requested to specify
additional fects pertaining to a breach of fiduciary duty as to Bill Chance who was substituted in as ROE
defendant. Finally, the ex parte application will seek to have any claims as to Mr. Chance bifurcated for trial at a later
date. Alternatively, | will request that the court grant an order shortening time so that this matter may be heard in
connection with the matters on calendar, in this case, and set for March 17, 2021 at 9:00 am.
This ex parte application will be set for hearing Friday, March 12, 2021 at 1:30 p.m. and heard at the Butte County
Superior Court, located at 1775 Concord Avenue, Chico, CA, 95928. Pursuant to Local Rule 2.10(a) Counsel may appear
in person or by phone, or may submit on the papers as allowed by California Rules of Court section 3.1207. Kindly advise
if you intend to oppose this request.
Sincerely,
Sara M. Knowles, Esq.
Leland, Morrissey & Knowles £L£P
1660 Humboldt Road, Suite 6 Chico, CA 95928 Phone 530-342-4500 Fax 530-345-6836
LSMKlaw.com
Please note that my email address has changed to sknowles@chicolawyer.com. . | will continue to receive email at my
former email address, sknowles@Ismklaw.com but request that you edit my address as indicated.
CONFIDENTIALITY NOTE;
THIS EMAIL NV ESSAGE AND ALL ATTACHMENTS TRANSMITTED HEREWITH ARE ATTORNEY/CLIENT PRIVILEGED, TRADE SECRET
AND/OR CONFIDENTIAL INFORMATION INTENDED SOLELY FOR THE VIEWING AND USE OF THE ADDRESSEE. IF THE READER OF THIS
MESSAGE IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY REVIEW, USE, COMMUNICATION,
DISSEMINATION, DISTRIBUTION OR COPYING OF THE COMMUNICATION IS PROHIBITED. IF YOU HAVE RECEIVED THIS
COMMUNICATION IN ERROR, PLEASE NOTIFY THE SENDER IMMEDIATELY BY TELEPHONE OR ELECTRONIC MAIL AND DELETE THIS
MESSAGE AND ALL COPIES AND BACKUPS THEREOF. THANK YOU FOR YOUR COOPERATION.
Exhibit 24
Preview
‘SUPERIOR CCURT OF CALIFORNIA, COUNTY OF BUTTE RULES ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY ‘Sara M. Knowles (SBN 216139) land, up teChico, 80 HuInt Roed, ule 8 CA 95928 F Superior Court of California F TELEPHONE: (539) 342-4500 FAX NO. (Optional): (530) 345-6836 ATTORNEY FOR (Name): John Denton | County of Butte | SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE L 3/12/2021 L [[] Butte County Courthouse North Butte County Courthouse E E ‘One Court Street, Oroville, CA 95965. (530) £32-7002 1775 Concord Avenue, Chico, CA 95928 (530) 532-7002 D Fl r plerk D By Deputy PETITIONER/PLAINTIFF: WAYNE A. COOK, TRUSTEE OF THE WAYNE A. COCK 1998 FAMILY TRUST DATED 12/29/98 Electronically FILED RESPONDENT/DEFENDANT: EDWARD F. NIDEROST, et. al. OTHER: fl DECLARATION RE: NOTICE OF EX PARTE APPLICATION FOR ORDERS (CASE NUMBER: (7 ORDER SHORTENING TIME 20CV00905 |, Sara M. Knowles do declare: 1 That | am B Counsel for O Piaintiff El Defendant in the within action. 2 lhave given notice of the present application for an ex parte order and/or order shortening time to: i Counsel for HI Plaintiff E1 Defendant in the following manner: a. 0 Bytelephone call: at -m.,on 20. The person to wham | spoke was The message left was: b. GI By letter: mafnailed Dpersonally delivered at$:0Q__0.m.,on March 10 20 4N Ateck Ablececd hearts Cred tLe eoregoruscn | received the following response to sai aneti ce: Rarer buy Acbtreer Mr. Sandelman stated he planned to oppose the Ex Parte Application. | did not give notice of the present application for the following reason(s) indicated: a. O Notice of this ex parte application would frustrate the purpose of the orders sought herein. (Explain)* b. 01 The applicant would suffer immediate and irreparable harm before the adverse party could be heard in opposition. (Explain)* (LM.010) Page 1 of 2 (A.D. 1-1-18) Optional DECLARATION RE: NOTICE OF EX PARTE APPLICATION FOR ORDERS AND/OR ORDERS SHORTENING TIME SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE RULES c. O No significant direct burden or inconvenience to the adverse party will be likely to result from the order sought herein. (Exolain)* d. O1 Prior attempts to give notice have failed and would probably be futile or unduly burdensome. (Exolain)* NOTE: CALIFORNIA RULE OF COURT 3.1200-3.1207 GOVERNS NOTICE REQUIREMENT | Declare under Penalty of Perjury under the Laws of the State of California That the Foregoing Is True and Correct. Place: Chico, CA Date: March 14 2021 Sara M. Knowles (Type or Print Name) Me “— (Signature of Party or Party's Attorney) ORDER SHORTENING TIME Time for: O service is shortened. Service shal! be on / or before 20. (Date) O hearing is shortened. Hearing is set 20, (Date) Date: 20. (Judge/Commissioner of the Superior Court) (LM.010) Page 2 of 2 (A.D. 1-1-18) Optional DECLARATION RE: NOTICE OF EX PARTE APPLICATION FOR ORDERS AND/OR ORDERS SHORTENING TIME EXHIBIT 2.b Sara Knowles From: Sara Knowles Sent: Wednesday, March 10, 2021 5:09 PM To: Raymond L. Sandelman; office@lushankolaw.com; gculley@sbcglobal.net; Bill Chance Cc: Sarah Vercruysse Subject: ex parte hearing Gentlemen — | will be filing an ex parte application seeking the court’ s permission to permit an amendment to the cross-complaint to delete references to a deficiency judgment (paragraphs 29 and 30) , to add additional facts discovered through depositions {such as the action of Mr. Cook in acting as an unlicensed mortgage broker), to remove the reference to predatory lending and to include exhibits that were inadvertently omitted. Leave will also be requested to specify additional fects pertaining to a breach of fiduciary duty as to Bill Chance who was substituted in as ROE defendant. Finally, the ex parte application will seek to have any claims as to Mr. Chance bifurcated for trial at a later date. Alternatively, | will request that the court grant an order shortening time so that this matter may be heard in connection with the matters on calendar, in this case, and set for March 17, 2021 at 9:00 am. This ex parte application will be set for hearing Friday, March 12, 2021 at 1:30 p.m. and heard at the Butte County Superior Court, located at 1775 Concord Avenue, Chico, CA, 95928. Pursuant to Local Rule 2.10(a) Counsel may appear in person or by phone, or may submit on the papers as allowed by California Rules of Court section 3.1207. Kindly advise if you intend to oppose this request. Sincerely, Sara M. Knowles, Esq. Leland, Morrissey & Knowles £L£P 1660 Humboldt Road, Suite 6 Chico, CA 95928 Phone 530-342-4500 Fax 530-345-6836 LSMKlaw.com Please note that my email address has changed to sknowles@chicolawyer.com. . | will continue to receive email at my former email address, sknowles@Ismklaw.com but request that you edit my address as indicated. CONFIDENTIALITY NOTE; THIS EMAIL NV ESSAGE AND ALL ATTACHMENTS TRANSMITTED HEREWITH ARE ATTORNEY/CLIENT PRIVILEGED, TRADE SECRET AND/OR CONFIDENTIAL INFORMATION INTENDED SOLELY FOR THE VIEWING AND USE OF THE ADDRESSEE. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY REVIEW, USE, COMMUNICATION, DISSEMINATION, DISTRIBUTION OR COPYING OF THE COMMUNICATION IS PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY THE SENDER IMMEDIATELY BY TELEPHONE OR ELECTRONIC MAIL AND DELETE THIS MESSAGE AND ALL COPIES AND BACKUPS THEREOF. THANK YOU FOR YOUR COOPERATION. Exhibit 24