On April 22, 2020 a
Request,Application
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
F mm ecu-t or Cummi-
F
Sara M. Knowles (SBN 216139) oumruf Bum
LELAND, MORRISSEY & KNOWLES LLP I I
1660 Humboldt Road, Suite 6 L 4/5/2021 L
Chico, CA 95928
E E
Telephone: (530) 342-4500 D D
Facsimile: (530) 345—6836 ay — new:
Attorney for John Denton, as Conservator for Edward F.
Niderost and as Successor Trustee of the Edward F. Niderost
Revocable Living Trust Dated November 8, 1998
SUPERIOR COURT 0F CALIFORNIA,
COUNTY 0F BUTTE
10
WAYNE A. COOK; TRUSTEE OF THE ) CASE NO. ZOCV00905
11 WAYNE A. COOK 1998 FAMILY TRUST )
DATED 12/29/98 ) REQUEST FOR STATEMENT OF
12 DECISION
)
Plaintiff, )
13
)
v. )
14 Date:
EDWARD F. NIDEROST, INDIVIDUALLY
) April 5, 2020
) Time: 8:30 am.
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 )
20
Defendant and Cross-Complainant hereby requests that a statement of decision be
21
22 prepared by the prevailing party or the court, as provided in Rule 3.1590 of the Rules of Court
23 and Civ. Proc. Code section 632.
24 Defendant request that the statement of decision cover the
following disputed issues at
25
trial.
26
1. Whether Wayne A. Cook arranged a loan in violation of Business and Professions Code
27
section10130;
28
2. Whether Edward F. Niderost was banned by Wayne A. Cook’s actions in
arranging a loan in
violation of Business and Professions Code section 10130;
3. Whether Wayne A. Cook committed elder abuse as to Edward F. Niderost;
4. Whether Eugene Culley committed elder abuse as to Edward F. Niderost;
5. Whether Eugene Culley owed a fiduciary duty to Edward F. Niderost;
6. Whether Eugene Culley acted as a caretaker for Edward F. Niderost;
7. Whether the Promissory Note and Deed of Trust to Wayne A. Cook shall be cancelled.
10
11
12
LELAND, MORRISSEY & KNOWLES LLP
13
14
Dated: Apfil 4, 2021 by 6w
‘éara M. Knowles
flfll Knee/U)
15 Attorneys for John Denton, Conservator of the
Estate of Edward F. Niderost, Individually and as
16 Successor Trustee of the Edward F. Niderost
Revocable Living Trust Dated November 8, 1998
17
18
19
20
21
22
23
24
25
26
27
28
PROOF OF SERVICE
I, Sara Knowles , declare:
I am a citizen of the United States and a resident of Butte County, State of California. I
am over the age of 18 years and not a party to the within action. My business address is 1660
Humboldt Road, Suite 6, Chico, CA 95928.
I am familiar with the practices of Leland, Morrissey & Knowles, LLP whereby each
document is placed in an envelope, the envelope is sealed, the appropriate postage is placed
thereon and the sealed envelope is placed in the office mail receptacle. Each day’s mail is
collected and deposited in a U.S. mailbox at or before the close of each day’s business.
On the date shown below, I caused to be served: REQUEST FOR STATEMENT OF
DECISION by:
MIL: Placed in the United States mail at Chico, California
10 Raymond L. Sandelman, Esq. Larry Lushanko, Esq.
11
196 Cohasset Road, Suite 225 1241 E. Mission Road
Chico, CA 95926-2284 Fallbrook, CA 92028
12 Ra ond sandelmanlawcom officteushankolawsom
Raoul J. LeClerc
13 P.O. Box Drawer 111
Oroville, CA 95965
14 rleclerc@leclerclawoffice.com
15
ELECTRONIC SER WCE:
IM
16 I caused a copy of the document(s) to be sent from e-
mail address sknowles@chicolawyer. com to the persons at the e-mail addresses
17 listed in the Service List. I did not receive, within a reasonable time afier the
transmission, any electronic message or other indication that the transmission was
18 unsuccessful.
19 PERSONAL SER VICE: Delivery by hand to the addressee.
20 I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
21
Executed on April 5, 2021, at Chico, California.
a M. Knowles
24
26
27
Proof of Service
Document Filed Date
April 05, 2021
Case Filing Date
April 22, 2020
Category
(26) Unlimited Other Real Property
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
F mm ecu-t or Cummi- F Sara M. Knowles (SBN 216139) oumruf Bum LELAND, MORRISSEY & KNOWLES LLP I I 1660 Humboldt Road, Suite 6 L 4/5/2021 L Chico, CA 95928 E E Telephone: (530) 342-4500 D D Facsimile: (530) 345—6836 ay — new: Attorney for John Denton, as Conservator for Edward F. Niderost and as Successor Trustee of the Edward F. Niderost Revocable Living Trust Dated November 8, 1998 SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F BUTTE 10 WAYNE A. COOK; TRUSTEE OF THE ) CASE NO. ZOCV00905 11 WAYNE A. COOK 1998 FAMILY TRUST ) DATED 12/29/98 ) REQUEST FOR STATEMENT OF 12 DECISION ) Plaintiff, ) 13 ) v. ) 14 Date: EDWARD F. NIDEROST, INDIVIDUALLY ) April 5, 2020 ) Time: 8:30 am. 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 ) 20 Defendant and Cross-Complainant hereby requests that a statement of decision be 21 22 prepared by the prevailing party or the court, as provided in Rule 3.1590 of the Rules of Court 23 and Civ. Proc. Code section 632. 24 Defendant request that the statement of decision cover the following disputed issues at 25 trial. 26 1. Whether Wayne A. Cook arranged a loan in violation of Business and Professions Code 27 section10130; 28 2. Whether Edward F. Niderost was banned by Wayne A. Cook’s actions in arranging a loan in violation of Business and Professions Code section 10130; 3. Whether Wayne A. Cook committed elder abuse as to Edward F. Niderost; 4. Whether Eugene Culley committed elder abuse as to Edward F. Niderost; 5. Whether Eugene Culley owed a fiduciary duty to Edward F. Niderost; 6. Whether Eugene Culley acted as a caretaker for Edward F. Niderost; 7. Whether the Promissory Note and Deed of Trust to Wayne A. Cook shall be cancelled. 10 11 12 LELAND, MORRISSEY & KNOWLES LLP 13 14 Dated: Apfil 4, 2021 by 6w ‘éara M. Knowles flfll Knee/U) 15 Attorneys for John Denton, Conservator of the Estate of Edward F. Niderost, Individually and as 16 Successor Trustee of the Edward F. Niderost Revocable Living Trust Dated November 8, 1998 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE I, Sara Knowles , declare: I am a citizen of the United States and a resident of Butte County, State of California. I am over the age of 18 years and not a party to the within action. My business address is 1660 Humboldt Road, Suite 6, Chico, CA 95928. I am familiar with the practices of Leland, Morrissey & Knowles, LLP whereby each document is placed in an envelope, the envelope is sealed, the appropriate postage is placed thereon and the sealed envelope is placed in the office mail receptacle. Each day’s mail is collected and deposited in a U.S. mailbox at or before the close of each day’s business. On the date shown below, I caused to be served: REQUEST FOR STATEMENT OF DECISION by: MIL: Placed in the United States mail at Chico, California 10 Raymond L. Sandelman, Esq. Larry Lushanko, Esq. 11 196 Cohasset Road, Suite 225 1241 E. Mission Road Chico, CA 95926-2284 Fallbrook, CA 92028 12 Ra ond sandelmanlawcom officteushankolawsom Raoul J. LeClerc 13 P.O. Box Drawer 111 Oroville, CA 95965 14 rleclerc@leclerclawoffice.com 15 ELECTRONIC SER WCE: IM 16 I caused a copy of the document(s) to be sent from e- mail address sknowles@chicolawyer. com to the persons at the e-mail addresses 17 listed in the Service List. I did not receive, within a reasonable time afier the transmission, any electronic message or other indication that the transmission was 18 unsuccessful. 19 PERSONAL SER VICE: Delivery by hand to the addressee. 20 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 21 Executed on April 5, 2021, at Chico, California. a M. Knowles 24 26 27 Proof of Service