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  • Wayne A Cook, Trustee of the Wayne A Cook 1998 Family Trust Dated 12/29/98 vs Edward f Niderost, Individually and as Trustee of the Edward F Niderost Revocable Living Trust Dated November 8, 1998(26) Unlimited Other Real Property document preview
  • Wayne A Cook, Trustee of the Wayne A Cook 1998 Family Trust Dated 12/29/98 vs Edward f Niderost, Individually and as Trustee of the Edward F Niderost Revocable Living Trust Dated November 8, 1998(26) Unlimited Other Real Property document preview
  • Wayne A Cook, Trustee of the Wayne A Cook 1998 Family Trust Dated 12/29/98 vs Edward f Niderost, Individually and as Trustee of the Edward F Niderost Revocable Living Trust Dated November 8, 1998(26) Unlimited Other Real Property document preview
  • Wayne A Cook, Trustee of the Wayne A Cook 1998 Family Trust Dated 12/29/98 vs Edward f Niderost, Individually and as Trustee of the Edward F Niderost Revocable Living Trust Dated November 8, 1998(26) Unlimited Other Real Property document preview
  • Wayne A Cook, Trustee of the Wayne A Cook 1998 Family Trust Dated 12/29/98 vs Edward f Niderost, Individually and as Trustee of the Edward F Niderost Revocable Living Trust Dated November 8, 1998(26) Unlimited Other Real Property document preview
  • Wayne A Cook, Trustee of the Wayne A Cook 1998 Family Trust Dated 12/29/98 vs Edward f Niderost, Individually and as Trustee of the Edward F Niderost Revocable Living Trust Dated November 8, 1998(26) Unlimited Other Real Property document preview
  • Wayne A Cook, Trustee of the Wayne A Cook 1998 Family Trust Dated 12/29/98 vs Edward f Niderost, Individually and as Trustee of the Edward F Niderost Revocable Living Trust Dated November 8, 1998(26) Unlimited Other Real Property document preview
  • Wayne A Cook, Trustee of the Wayne A Cook 1998 Family Trust Dated 12/29/98 vs Edward f Niderost, Individually and as Trustee of the Edward F Niderost Revocable Living Trust Dated November 8, 1998(26) Unlimited Other Real Property document preview
						
                                

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Superior Court of California Raymond L. Sandelman SBN 078020 Attorney at Law County of Butte 196 Cohasset Road, Suite 225 Chico, CA 95926-2284 3/29/2021 (530) 343-5090 / (530) 343-5091 (FAX) Email:Raymond@sandelmanlaw.com Kin Oat Flspe lerk By Deputy Electronically ILED Attorney for Wayne A. Cook, individually and as Trustee of The Wayne A. Cook 1998 Family Trust Dated 12/29/98 SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 IN AND FOR THE COUNTY OF BUTTE 11 12 WAYNE A. COOK, TRUSTEE OF THE NO.: 20CV00905 WAYNE A. COOK 1998 FAMILY 13 TRUST DATED 12/29/98, 14 Plaintiff, Hearing Date: 4/5/2021 Hearing Time: 8:30 a.m. 15 Department: 1 16 Judge: Tamara Mosbarger Date of Complaint 4/22/2020 17 EDWARD F. NIDEROST, et. al., Trial Date: 4/5/2021 18 Defendants. 19 / 20 AND RELATED CROSS COMPLAINTS 21 / 22 23 24 25 TRIAL MEMORANDUM (LOCAL RULE 1.9 (c)) 26 27 28 TRIAL MEMORANDUM (LOCAL RULE 1.9 (c)) Table of Contents Table of Authorities Sennen e ener cent ee ee ea ee teen teeta e eens debe eden ee eee e ee eeneeeee iil - V1 1. Introduction seeeeeeeeeee fed e eee e eee er etr eneneeeeeneeenee deeteeeeeeee ones set teeeeeee (a) Edward Niderost Approached Wayne Cook to Purchase The Miller Mansion cess (b) Mr. Niderost Was An Experienced Investor. setae : det eeeeeeeee (c) The Parties Explained The Transactional Terms To Broker Bill Chance Who Prepared A Contract And Reviewed It With The Parties seteeee seeee (d) The Financing For The Real Estate Purchase Was Amended . 10 (e) The Real Estate Purchase Was Amended To Change The Buyer . . 11 (f) Escrow Closes Without Any Problems teteeeeeee se eteeeeeeeeeees settee 12 2. Plaintiff's Claim For Judicial Foreclosure Heenan eee een n eee eee e Ee Eee EEE a Eee EEE ESSE ESS EE eH OE SEE Bo 13 ae 3. The Second Affirmative Defense Of Unconscionability Lacks Merit teteeeeeeeeeeener settee <é os 14 gs Boo (a) Introduction Baa go 15 Soun ae (b) There Is No Procedural Unconscionability seb ee tee eeeeeee cet e ee eeeees titteee tenes 10 PAR Bas ZeS 16 35 (i) The Borrower’s Need To Show That He Was Unable To Receive gE? g< 17 Za More Favorable Terms From Another Lender Ween eee eee ee tent rene ne eee eteereen ee teee 10 aa 5S Ba ao (ii) The Borrower’s Need To Show that The Stronger Party Drafted 19 The Documents... seeeeea ren sees . 11 20 (iii) The Borrower’s Need To Show That Risk Was Shifted. . cease . . 12 21 (c) There Is No Substantive Unconscionability seteeeeeeeee : feeeeee steeee 13 (i) The Borrower’s Need To Show That Risk Was Shifted . teteteee seteeeees 13 23 (ii) The Phrase “Shock the Conscience” Is An Objective Term ... . 13 24 (iii) A Term Is Not Unconscionable If There Is A Justification For The Term . wee 14 25 26 27 28 TABLE OF CONTENTS (d) Claims That Are legally Irrelevant to Unconscionability 16 (i) The Buyer’s Ability To Pay Is Not A Relevant Legal Factor To Unconscionability. It Is A Statutory Factor Only For Consumer Loans 16 (ii) The Fact That Escrow On The Miller Mansion Closed Only Seven Days After Execution Of The Real Estate Purchase Agreement, Despite The Fact That Defendant, As Buyer, Had 21 Days To Close Escrow, Is Not Legally Relevant To Unconscionability 16 (iii) The Fact That The Sale Was Not Made Contingent Upon Any Written Appraisal Is Not Legally Relevant To Unconscionability 16 Be 10 (e) Price Unconscionability Was Not Pleaded 17 ag <é Se os il 4. A Finding Of Unconscionability Does Not Mean That Mr. Niderost Beso BS5a Bad 12 Is Excused From Paying The Debt .... 20 Seek as As Hbas Ze 13 5. The Claim Of Elder Abuse Lacks Merit 20 63 gE? ESFEa 14 (a) Elder Abuse Claim Based On Undue Influence Lacks Merit 20 6: ga 5S BR gS 15 (b) The Misappropriation Of Real or Personal Property Of An Elder ge 16 For A Wrongful Use Claim Lacks Merit 22 17 (i) Wayne Cook’s Alleged Brokering Did Not Violate Any Statute 18 Requiring A Broker’s License 23 19 (ii) Edward Niderost, Trustee Did Not Suffer Any Harm Relating To 20 A Broker’s License. 25 21 (iii) No Claim For A License Violation Can Be Stated Where There Are 22 Criminal Penalties And A Statute Does Not Declare The Contract To Be 23 Automatically Void. 26 24 25 26 27 28 ii TABLE OF CONTENTS Table of Authorities Cases A & M Produce Co. v. FMC Corp. (1982) 135 Cal.App.3d 473 12 California Grocers Assn. v. Bank of America (1994) 22 Cal.App.4th 205 13, 19 Carbajal v. CWPSC, Inc. (2016) 245 Cal. App.4th 227... 14 10 Carolina Casualty Ins. Co. v. L.M. Ross Law Group, LLP il (2010) 184 Cal.App.4th 196 Cota v. County of Los Angeles 12 13 (1980) 105 Cal.App.3d 282 17 Daro v. Superior Court Be ae 14 <é oe 15 (2007) 151 Cal.App.4th 1079 25 ae gsga Bo aAaoe og Froid v. Fox gaan 16 axas pas ges Ze ZeS 17 (1982) 132 Cal. App.3d 832 . : 23, 24 65 SE? Fuentes v. Tucker Ee oa Sa 18 ga 5S Ba 19 (1947) 31 Cal.2d 1 17 go Gibbo v. Berger 20 21 (2004) 123 Cal.App.4th 396 23 Graham v. Bank of America, N.A. 22 23 (2014) 226 Cal.App.4th 594 10, 11 24 Graham y. Scissor-Tail, Inc. 25 (1981) 28 Cal.3d 807... 12 Kinnison v. Guaranty Liquidating Corp. 26 27 (1941) 18 Cal.2d 256 15 28 iii TABLE OF AUTHORITIES Medina v. Safe-Guard Products, Internat., Inc. (2008) 164 Cal.App.4th 105 26, 27 Morris v. Redwood Empire Bancorp (2005) 128 Cal.App.4th 1305 12, 13, 19 Odorizzi v. Bloomfield School Dist. (1966) 246 Cal.App.2d 123 20, 21 Park Terrace Limited v. Teasdale (2002) 100 Cal. App.4th 802 23 Paslay v. State Farm General Ins. Co. 10 (2016) 248 Cal.App.4th 639 22 ll Perdue v. Crocker National Bank 12 (1985) 38 Cal.3d 913 19, 20 13 Sanchez v. Valencia Holding Co., LLC Bo ae 14 <é (2015) 61 Cal.4th 899 9, 10, 13, 14, 20 be 15 gs 2205 Serafin v. Balco Properties Ltd, LLC Bez Ao¢g Loe 16 eds aes (2015) 235 Cal.App.4th 165... 12 ~as weed Ze ZeL 17 s5 Shadoan v. World Savings & Loan Assn. SE? g< oR Za 18 Sf ga (1990) 219 Cal.App.3d 97 10, 11, 12, 13 gS aS 19 aa go Wayne v. Staples, Inc. 20 (2006) 135 Cal.App.4th 466 11, 19 21 22 Statutes 23 Business and Professions Code 24 Section 1670 24 25 Section 10130 23, 24, 27 26 Section 10131 24, 26 27 Section 10131.1.... 25 28 Section 10139 27 Iv TABLE OF AUTHORITIES Section 10147.6 subdivision (a) 24 Section 10166.02 24, 25 Section 10240 subdivision (b) 24 Section 101166.02 (sic) 24 Civil Code Section 1670.5 subdivision (a) 20 Section 1916.1 23 Section 2931 14 10 Section 2932... 14 Be ae 11 <é Ge 12 Code of Civil Procedure Section 725 (a) 14 Be oR ae B30 oun 13 aes Civil Code RAS dbase Ze Ze 14 Section 1201(21)(A) ge a3 E<99 Ea 15 aa Section 3103(5) ae BS BS ge 16 Section 3104 subdivision (a) 17 Section 3105 18 Section 3308 .. 19 Section 3412 20 Evidence Code section 635 .. 21 22 Welfare & Institutions Code 23 Section 15610.30 subdivision (a) 20, 22 24 Section 15610.70 20 25 15 U.S.C.A. § 1639¢ 16 26 27 28 PLAINTIFFS’ MOTIONS IN LIMINE Texts California Civil Practice Real Property Litigation § 4:116 5 Miller and Starr California Real Estate (4th ed 2020) § 13:131.... 15 § 13:134 15 10 11 12 13 Bo aR 14 sé Ge 15 225gs Rta B08 oun 16 aSas 4oas Bao ZeS 17 g5 SE? g<¢ Ea 18 Za 5S ga 19 BS 20 21 22 23 24 25 26 27 28 m:\orig_data\work\client directories\cook, wayne 1814\toa for trial memo 329.docx Vi TABLE OF AUTHORITIES Raymond L. Sandelman SBN 078020 Attorney at Law 196 Cohasset Road, Suite 225 Chico, CA 95926-2284 (530) 343-5090 / (530) 343-5091 (FAX) Email:Raymond@sandelmanlaw.com Attorney for Wayne A. Cook, individually and as Trustee of The Wayne A. Cook 1998 Family Trust Dated 12/29/98 SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF BUTTE 10 i WAYNE A. COOK, TRUSTEE OF THE NO.: 20CV00905 12 WAYNE A. COOK 1998 FAMILY TRUST DATED 12/29/98, TRIAL MEMORANDUM (LOCAL RULE 13 Plaintiff, 1.9(@)) 14 15 Trial Date: 4/5/21 16 Hearing Time: 8:30 a.m. EDWARD F. NIDEROST, et. al., Department: 1 17 Judge: Tamara Mosbarger Defendants. Date of Complaint: 4/22/2020 18 / 19 AND RELATED CROSS COMPLAINTS 20 / 21 22 1.Introduction 23 (a) Edward Niderost Approached Wayne Cook To Purchase The Miller Mansion 24 The Court has reviewed pleadings by John Denton, Conservator and Successor Trustee. The 25 facts developed in discovery are very different that Mr. Denton’s claims. The beginning variance 26 between Mr. Denton’s pleadings and the facts is Mr. Niderost’s desire to purchase the property that 27 was unaccompanied by any excessive persuasion. Mr. Niderost testified at his deposition that he 28 first became interested in buying the property located at 2185 Esplanade, Chico, California (the TRIAL MEMORANDUM (LOCAL RULE 1.9 (c)) “Miller Mansion”) when he drove by it and saw that it was for sale. It was beautiful. He thought that owning it would be like a kid getting a bicycle for Christmas. Here is a photograph of the dwelling. < eS) iN vas Ye xy i uo SE A Ns is a (la cy J eA vs i ‘| MSS oe 10 re Bo 11 {aad sa XBhg | ag aa sé Reece Se os gs 12 ee Sno oR & ge Bg 40g Ze 2oun 13 A508 4Bas Ze gs~ 14 ae 78 z= oRSa 15 Za ge aR ge 16 tas 4 17 18 19 Mr. Niderost told Bill Chance, the broker representing both Mr. Niderost and Mr. Cook, 20 that he sought out Mr. Cook. Ronald Eugene Culley (hereafter referred to as “Gene Culley”) 21 testified at his deposition that he, Lawrence Patterson and Edward Niderost went to lunch and Mr. 22 Culley and Mr. Niderost talked about purchasing the Miller Mansion. At the restaurant Mr. Niderost 23 recognized Jenna Steinsiek who worked for Wayne Cook and talked to her; then they went to visit 24 Mr. Cook. Mr. Cook was not at his office, but later that day Mr. Niderost returned to Mr. Cook’s 25 office and met with Mr. Cook. They had a long discussion about the Miller Mansion, and Mr. Cook 26 showed him the property. They went over details including little things, inside and out, of the 27 dwelling. They were at the property for two and a half hours. Mr. Niderost asked if he could get 28 the price down from the listing price of $1,550,000; Mr. Cook said that he would take off $50,000 TRIAL MEMORANDUM (LOCAL RULE 1.9 (c)) to make the sales price $1,500,000. Mr. Culley testified that Mr. Niderost said that he had always loved the Miller Mansion property, that it was iconic, and that it was a history of Chico. Mr. Culley testified that Mr. Niderost was going to finance the purchase of the Miller Mansion by selling his property on Pentz Road that was worth about $950,000. (b) Mr. Niderost Was An Experienced Investor Mr. Niderost testified that he was very experienced as to real estate financing and lending. Mr. Niderost has been a lender where other people signed notes like the note in this case. He has probably made thirty such loans. Mr. Niderost had signed about twenty to thirty purchase agreements similar to the purchase agreement in this case. Mr. Niderost testified that he understood that Mr. 10 Chance was going to have a dual agency representing both Mr. Niderost and Cook. Mr. Niderost ao 11 had participated in other transactions in which the broker represented both sides. aR <é 6s ok 12 Mr. Niderost told Bill Chance that he was a preferred customer at Wells Fargo Bank and 2205 og 13 noe A Plaintiff’s motion in liminie explains that evidence as to other contracts being unconscionable is legally 28 irrelevant because they are not pertinent to the issues raised by the pleadings. TRIAL MEMORANDUM (LOCAL RULE 1.9 (c)) 1j/ trust can be characterized as unconscionable. 2 Sanchez v. Valencia Holding Co., LLC (2015) 61 Cal.4th 899 has one of the best articulations 3 of the general rules of unconscionability doctrine because it discusses: 4 ¢ The need to show both procedural and substantive unconscionability; . The “shock the conscience” phrase is not a different authoritative standard for substantive unconscionability; Unconscionability requires a substantial degree of unfairness beyond a simple old- fashioned bad bargain; Not all one-sided contract provisions are unconscionable; 10 A contract can provide a “margin of safety” that provides the party with superior Be ae 11 bargaining strength a type of extra protection for which it has a legitimate commercial <é Ge = 12 need without being unconscionable; Be gs oR g Similarly, the real estate contract was drafted by Bill Chance, a dual agent who had both parties execute 27 disclosures and consents. * Morris v. Redwood Empire Bancorp (2005) 128 Cal. App.4th 1305, 1324 indicates that reallocation of risks is 28 part of substantive unconscionability. 12 TRIAL MEMORANDUM (LOCAL RULE 1.9 (c)) (c) There Is No Substantive Unconscionability (i) The Borrower’s Need To Show That Risk Was Shifted As explained above, Shadoan v. World Savings & Loan Assn. (1990) 219 Cal.App.3d 97, 106 holds that risk shifting is part of the unconscionability analysis. This issue was discussed above under procedural unconscionability because A & M Produce Co. v. FMC Corp. (1982) 135 Cal.App.3d 473, 487 stated that unreasonable risk reallocations are tied to the procedural aspects of unconscionability. Morris v. Redwood Empire Bancorp (2005) 128 Cal.App.4th 1305, 1324 indicates that reallocation of risks is part of substantive unconscionability. . . . Morris also argues the agreement is substantively unconscionable because it is a one-sided fee imposed only on the merchant, not the bank. This, however, does 10 not involve the “one-sided” reallocation of risks found by courts to “shock the Bo 11 conscience.” aR <é Se 12 There are no claims in this litigation that any risk allocation was shifted from the debtor to Ze B= oR ACF aoe 13 the creditor. godsas as age Ze Zex 14 (ii) The Phrase “Shock The Conscience” Is An Objective Term SE%S g< 68 Ea 15 “Shock the conscience” is not one judge's individual conscience, but the collective S$? Za 5S as go 16 conscience of reasonable people of common sense; a result “shocks the conscience” when it is 17 outside the range of results that a reasonable person might view as available based on contemporary 18 values (See California Grocers Assn. v. Bank of America (1994) 22 Cal.App.4th 205, 214) (“‘[nJo 19 man in his senses and not under delusion would make on the one hand, and as no honest and fair 20 man would accept on the other’ [Citations]”). Sanchez v. Valencia Holding Co., LLC (2015) 61 21 Cal.4th 899, 911-912 uses slightly different language: “the test is ‘whether the terms are “so extreme 22 as to appear unconscionable according to the mores and business practices of the time and place.”’” 23 The “shocks the conscience” standard is not concerned with whether someone might think they could 24 25 . . - Morris also argues the agreement is substantively unconscionable because it is a one-sided 26 fee imposed only on the merchant, not the bank. This, however, does not involve the “one-sided” 27 reallocation of risks found by courts to “shock the conscience.” 28 Morris v. Redwood Empire Bancorp (2005) 128 Cal.App.4th 1305, 1324 13 TRIAL MEMORANDUM (LOCAL RULE 1.9 (c)) have gotten a better deal, because the California Supreme Court has made clear that unconscionability requires a substantial degree of unfairness beyond a simple old-fashioned bad bargain. “A party cannot avoid a contractual obligation merely by complaining that the deal, in retrospect, was unfair or a bad bargain. Not all one-sided contract provisions are unconscionable.” (Sanchez v. Valencia Holding Co., LLC (2015) 61 Cal.4th 899, 911) (iii) A Term Is Not Unconscionable If There Is A Justification For The Term Carbajal v. CWPSC, Inc. (2016) 245 Cal.App.4th 227, 248 explains that a contractual provision is not substantively unconscionable simply because it provides one side a greater benefit; a term is not unconscionable if there is a justification for the term. 10 A contractual provision is not substantively unconscionable simply because it a 11 provides one side a greater benefit. The party with the greater bargaining power is ae <é be permitted to require contractual provisions that provide it with additional protections gs 12 225 if there is a legitimate commercial need for those protections, but the stronger party Bsa Hog aoe gen 13 may not require additional protections merely to maximize its advantage over the 488 wee weaker party. [Citations] ages 14 a8 “As has been recognized ‘“unconscionability turns not only on a ‘one-sided’ result, but also on an absence of ‘justification’ for it.”’” [Citations] £<52 sa $f 15 ga 5S 2a 16 Carbajal v. CWPSC, Inc. (2016) 245 Cal.App.4th 227, 248 Bo 17 Here are the legal justifications for each of the terms claimed to be substantively 18 unconscionable: 19 (A) The right to commence non-judicial foreclosure proceedings is legally justified. This is 20 a statutory right (Civ. Code, §§ 2931, 2932; Civ. Proc. Code, § 725a). There is no basis for thinking 21 that the right is unconscionable. 22 (B) The acceleration clause is legally justified. Miller & Starr explain that this is a valid and 23 enforceable privilege of the holder of the note. 24 The right to accelerate on default is a valid and enforceable privilege of the 25 holder of the note. Even though the deed of trust secures an installment obligation that 26 provides for a series of payments over an extended period of time, the right of the holder of the note to accelerate the debt on the debtor's default and to demand full 27 payment of the unpaid principal balance prior to the expiration of the term of the note is a valid and enforceable right. Because the clause only governs the time of payment, 28 14 TRIAL MEMORANDUM (LOCAL RULE 1.9 (c)) it is not an illegal penalty, and since the amount of the obligation is not increased, it does not constitute a forfeiture. 5 Miller and Starr California Real Estate (4th ed 2020) § 13:131 (C) The due on sale clause is legally justified. Miller & Starr explain why a lender has legitimate concerns for such a clause. Purpose of due-on-sale clause giving beneficiary control over property transfers. Lenders often insert a due-on-sale clause in the note and deed of trust in order to have some control over transfer of the property. The specific language in each instrument may differ, but the intent of the beneficiary is the same. The beneficiary wants the right to demand the full payment of the secured debt if the borrower transfers the property... . The due-on-sale clause allows the lender to investigate the transferee, and if 10 the transferee is not acceptable, the lender can demand the full payment of the secured Be ae 11 obligation. Although the trustor-transferor remains personally liable on the obligation <é SE if the transferee is acceptable,’ the lender also can require the transferee to assume gs 12 payment of the debt and become personally liable for its payment. Zeeon ogA The acceleration clause also serves the lender by allowing the lender to require 2ogn 13 axds ag the transferee to pay an assumption fee to the lender as consideration for the waiver weae Ze ge5 14 of the due-on-sale clause and for allowing the transferee to assume the existing ge7s obligation. In addition, in times of fluctuating interest rates and tight money, the lender g< ok sa 15 ga can require the transferee to pay a higher interest rate as consideration for waiver of 5S BR the right to accelerate the debt. Ba go 16 17 5 Miller and Starr California Real Estate (4th ed 2020) § 13:134 18 (D) The assignment of rents clause is legally justified. Eighty years ago the California 19 Supreme Court approved assignment of rent clauses. 20 . . .The agreement between the parties, however, either by a clause inserted in the deed of trust or mortgage or by a separate instrument, may provide that in the 21 event of default the rents are assigned absolutely to the mortgagee. It has been held 22 that such a provision, rather than pledging the rents as additional security, operates to transfer to the mortgagee the mortgagor's right to the rentals upon the happening of 23 the specified condition. [Citations]. . . Our decisions have indicated, however, in 24 accord with the better view, that the parties to a mortgage or deed of trust may contract respecting the right to rentals and that such agreements will be enforced in accordance 25 with the expressed intention 26 Kinnison v. Guaranty Liquidating Corp. (1941) 18 Cal.2d 256, 261-262 27 M1 ashi // 15 TRIAL MEMORANDUM (LOCAL RULE 1.9 (c)) (d) Claims That Are Legally Irrelevant to Unconscionability (i) The Buyer’s Ability To Pay Is Not A Relevant Legal Factor To Unconscionability. It Is A Statutory Factor Only For Consumer Loans With respect to the claim that Edward Niderost lived in a frugal manner, reinvesting any money that has been paid to him through his investments and historically keeping ample savings and that he did not have the financial ability to make the payments on the $500,000 Fine Note and the Fine Deed of Trust, the evidence will show that Mr. Niderost, as a creditor owned similar notes and deeds of trust and owned substantial property. A defendant’s ability to pay is legally irrelevant to the issue of unconscionability. Congress has made ability to pay relevant only for residential 10 mortgage transactions (15 U.S.C.A. § 1639c). Mr. Niderost testified at his deposition that he never Be ll lived at the Miller Mansion and never intended to live at the property. He bought the property to aR sé Ge 12 receive income for weddings and other events. Mr. Niderost testified at his deposition that prior to a2 oa Ba oF A