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C IV~1 3O
ATTORNEY OR PARTY WlTHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
Raymond L. Sandelman SBN 078020
—-
Attorney at Law
196 Cohasset Road, Suite 225
Cantor CIHDI'I'III
Chico, CA 95926—2284 Superior
—F
TELEPHONE No.:(530) 343—5090 FAX NO. (Op!iona/):(530) 343—5091 GWMIHBUIIB
l |
EMAIL ADDRESS (Optional): Raymond@sandelmanlaw.com
ATTORNEY FOR (Name): Wayne A. Cook, Trustee L 4/16/2021 L
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS: 1775 Concord Avenue
BUTTE E E
MAILING ADDRESS: 1775 Concord Avenue
D E
Clark D
CITY AND ZIP CODE: Chico, CA 95928 53" nanny
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/RESPONDENT: Edward F. Niderost, et al.
NOHCEOFENTRYOFJUDGMENT
OR ORDER
:fifigggé
(Check one): [2] UNLlMlTED CASE [2] LIMITED CASE
(Amount demanded (Amount demanded was
exceeded $25,000) $25,000 or less)
TO ALL PARTIES:
1. Ajudgment, decree, or order was entered in this action on (date): March 23, 2021
2. A copy of the judgment, decree, or order is attached to this notice.
Date: April 16, 2021
(TYPE OR PRINT NAME OF E] ATTORNEY D PARTY WITHOUT ATTORNEY)
) fikgrw New, (SIGNATURE)
Page 1 of 2
Form Approved for Optional U59
Judicial Council of California
NOTICE OF ENTRY OF JUDGMENT 0R ORDER www.coudinfocagov
ClV-130 [New January 1, 2010]
Cook
CEBg Essential
ceb.com ‘1
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 the Notice of Entry of Judgment or
Order on the following person(s) at the following address(s), in the manner indicated below:
Raoul J. LeClerc Sara M. Knowles, Esq.
Attorney at Law Leland, Morrissey & Knowles, LLP
Post Office Drawer 111 1660 Humboldt Road, Suite 6
Oroville, CA 95965 Chico, CA 95928
196 COHASSET ROAD, Sums 225, CHICO, CA 95926—2284
10 Larry Gene Lushanko Amy E. Starrett, Esq.
Law Office of Larry G. Lushanko First American Title Insurance Company
(530) 343-5090 / (530) 343—5091 (FAX)
11 1241 E Mission Rd. 5 First American Way
Fallbrook, CA 92028 Santa Ana, CA 92707
RAYMOND L. SANDELMAN
12
ATTORNEY AT LAw
13
BY UNITED STATES MAIL enclosed the documents in a sealed envelope or package
l4 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
15
business‘s practice for collecting and processing correspondence for mailing, it is deposited in the
16 ordinary course of business with the United States Postal Service, in a sealed envelope with postage
fully prepaid. I am employed in the county where the mailing occurred. The envelope or package
17
was placed in the mail at Chico, CA.
18
BY TRANSMITTING THE DOCUMENT(S) ELECTRONICALLY via the following
19 X email addresses: sknowles@chicolawyer.com; office@1ushankolaw.com;
rleclerc@leclerclawoffice.com; astarrett@firstam.com.
20
21 I certify under penalty of perjury that the foregoing is true and correct, and this declaration
of service was executed on April i (Q , 2021 at Chico, California.
22
23
24 Wendy Hoy U U
25
26
27
28 m:lorig_data\worklclient directorieslcook, wayne 1814\p0r notice order 416. docx
PROOF OF SERVICE
3/23/2021
Superior Court of California
Raymond L. Sandelman SBN 078020 County of Butte
worm-”’71
Attorney at Law
196 Cohasset Road, Suite 225 3/23/2021
Chico, CA 95926'2284
Kimberly Flene Clerk
(530) 343-5090 / (530) 343-5091 (FAX) '
Email:Raymond@sandelmanlaw.c y De p uty
om E aroma” ED
Attorney for Wayne A. Cook, individually
and as Trustee of the A. Cook 1998
Wayne
Family Trust Dated 12/29/98
SUPERIOR COURT OF THE STATE OF CALIFOR
NIA
IN AND FOR THE COUNTY OF BUTTE
10
WAYNE A. COOK, TRUSTEE OF THE NO.: 20CV00905
11 WAYNE A. COOK 1998 FAMILY
TRUST DATED 12/29/98,
12 (2 WORDERS RE: DEMURRER TO
ANSWER TO AMENDED CROSS
13 Plaintiff, COMPLAINT AND AMENDED ANSWER TO
14 v COMPLAINT
15
16 EDWARD F. NIDEROST, et. al,,
17 Defendants.
18 /
19 AND RELATED CROSS COMPLAINTS
20 /
21
22 The demurrer by Wayne Cook, Trustee of the
Wayne A. Cook 1998 Family Trust Dated
23 12/29/98 to the First, Third, and Fourth Affirma
tive Defenses to the Amended Answer
by John
24 Denton, Conservator of the Estate of Edward F. Niderost and
as Successor Trustee of the Edward
25 F. Niderost Revocable Living Trust, and the demurrer
by Wayne A. Cook, Trustee of the Wayne
26 A. Cook 1998 Family Trust Dated 12/29/98 to the
First, Eighth, Ninth and Tenth Causes of Action
27 to the Amended Cross Com
plaint by John Denton, Conservator of the Estate of Edward F. Niderost
28 and as Successor Trustee of the Edward F. Niderost Revocable Living Trust, came on for hearing
swaggro AMENDEDHQROSS COMB]:A INT AWE: M5139.
COM‘FEAINT'W. _
..-. - _....._._..
AMY/511.1"
Electronically Filed
on March 17, 2021 before the Honora
ble Tamara Mosbarger. Raymond L. Sandelman appeare
d
for Wayne Cook, individuall and as Trustee
y . Sara Knowles appeare for John Den
d ton, Conservator
and Successor Trustee.
The Court having read the
Moving, Opposition, and Reply Briefs and after hea
ring oral
argument makes the following rulings:
IT IS ORDERED that:
Wayne A. Cook, individually, and as Trustee of the
1.
Wayne A. Cook 1998 Family Trust
Dated 12/29/98’5 request for
judicial notice is granted.
2. The demurrer to the First Affirmative Def
ense in the Amended Answer is
granted on the
10 grounds that such affirmative defense fails to state facts sufficient to
constitute an affirmative defense
225. CHICO. CA 95926-2284
11 against Wayne A. Cook, Trustee of the Way
ne A. Cook 1998 Family Trust Dated 12/29/98.
12 Defendants are granted leave to amend con
sistent with subject matter
specified in the Opposition
)
(530) 343-5090 I (530) 343-5091 (FAX
13 Brief. Any Second Amended Answer to the
RAYMOND L. SANDELMAN
Complaint shall be filed and served by March 29, 2021
ATTORNEY AT LAW
14 at noon.
3. The demurrer to the Third Affirma
kl!
s—a
196 COHASSET ROAD. SUITE
tive Defense in the Amended Answer is
granted an the
i6 grounds that such affirmative defense fails to state facts suff
icient to constitute an affirmative defense
17 against Wayne A. Cook, Trustee of the Way A. Cook 1998 Family Trust Dated 12/29/98.
ne
18 Defendants are gran
ted leave to amend consistent with subject matter
specified in the Opposition
19 Brief. Any Second Amended Answer to the
Complaint shall be filed and served by March 29, 2021
20 at HOOD.
21 4. The demurrer to the Fourth Affirmative Defens
e in the Amended Answer is overruled,
5. The demurrer to the First Cause of Action
in the Amended Cross Com
plaint is sustained
on the grounds that such cause of action fails to
state facts sufficient to constitute a cause of acti
ons
against Wayne A. Cook, individually and as Trustee of the
Wayne A. Cook 1998 Family Trust
Dated 12/29/98, and because such cause of action
is uncertain. Cross-C
omplainants are granted
leave to amend consistent with
subject matter specified in the Opposit
NNNNNNN
ion Brief. Any Second
Amended Cross Complai shall be filed and serv
nt ed by March 29, 2021 at noon.
6. The demurrer to the Eigh Cause of Action in the
th Amended Cross Complai is sustained
nt
2
.onnansannamuakerz To answer: .9 AMEED
COMPLAINT ERERQ§§£QMPLAIET AND..A.M§NP §12AIS§}Y§R. T0
without leave to amend on the grounds that such cause of action fails to
state facts sufficient to
constitute a cause of actions against Way
ne A. Cook, individually and as Trustee of the Wayne A.
Cook 1998 Family Trust Dated 12/29/98, and because such cause of actio
n is uncertain. Cross-
Complainants are granted leave to amend consistent with subject matter
specified in the Opposition
Brief. Any Second Amended Cross Complain shall be filed and served
t by March 29, 2021 at noon.
7. The demurrer to the Ninth Cause of Action in the Amended Cros
s Complaint is sustained
on the grounds that such cause of action fails to state facts sufficient to cons
titute a cause of actions
against Wayne A. Cook, individually and as Trustee of the Wayne A. Cook 1998 Family Trust
Dated 12/29/98, and because such cause of action is uncertain.
Cross-Complainants are granted
10 leave to amend consistent with subject matter
specified in the Opposition Brief. Any Second
95926—2284
11 Amended Cross Complaint shall be filed and served
by March 29, 2021 at noort.
12 8. The demurrer to the Tenth Cause of Action in the Amended Cros
s Complaint is sustained
(530) 343-5090 I (530) 343-5091 (FAX)
Comssm ROAD. Sun's 225, Cmco, CA
13 on the grounds that such cause of action fails to state facts sufficient to c0ns
RAYMOND L. SANDELMAN
titute a cause of actions
ATTORNEY AT LAW
14 against Wayne A. Cook, individually and as Trustee of the Wayn A. Cook 1998
e Family Trust
Dated 12/29/98, and because such cause of action is uncertain.
Cross-Complainants are granted
leave to amend consistent with subject matter
specified in the Opposition Brief. Any Second
Amended Cross Complaint shall be filed and served
by March 29, 2021 at noon.
9. Wayne A. Cook, individually and as Trustee of the Wayne A. Cook 1998 Family Trust
196
Dated 12/29/98 may, after meeting and conferrin serve a demurrer to a Seco
g, nd Amended Answer
to the Complaint and/or Second Amended Cross
Complaint, on or before March 31, 2021 and shall
submit those papers to the clerk on that date via
eftling with the understanding that because March
31, 2021 is a court holiday the documents will be filed on April 1, 2021. The
hearing on any
demurrer will be heard on April 5, 2021 at 8:30 am.
10. On the Court's own motion, the Court Trial on March
N
29, 2021 at 8:30 a.m. is continued
to April 5, 2021 at 8:30 a.m. The Trial Readiness Conference is continued to Apri
N
l l, 2021 at 1:30
p.m.
N
///
N
28 ///
ORDERS RE: DEMURRER TO ANSWER TO AME
NDEDCROSSEOMPLAINTAND AMENDED ANSWER TO
COMPLAINT
Dated; 3/23/2021 /
Judge of the Stiperior Court
Tamara L. Mosbarger
Approved as to form
Leland, Morrissey & Knowles LLP
Dated:
By:
Sara M. Knowles
Attorney for John Denton, Conservator of the
10 Estate of Edward F. N iderost and John Denton,
successor trustee of The Edward F. Niderost
Rom. Sum: 225. CHICO. CA 95926-2284
11 Revocable Living Trust Dated November 8,
1998
90 I (530) 343.5091 (FAX)
RAYMOND L. SANDEIMAN
ATTORNEY AT LAW
(530) 343-50
196 COHASSEI’
N
N
N
m
N
28 m:lorigfldntalworktclx‘em directofieslcaok, wnyne I814lorderdemurrer 317.docx
ORDERSRE:..D.EM.URRE_K.II‘.O‘AANSWER TO AMENDED
.__._
__.__
ggg§§ coMPiAINT AND AMENDED ANSWER TO
COMPLAINT
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C IV~1 3O ATTORNEY OR PARTY WlTHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Raymond L. Sandelman SBN 078020 —- Attorney at Law 196 Cohasset Road, Suite 225 Cantor CIHDI'I'III Chico, CA 95926—2284 Superior —F TELEPHONE No.:(530) 343—5090 FAX NO. (Op!iona/):(530) 343—5091 GWMIHBUIIB l | EMAIL ADDRESS (Optional): Raymond@sandelmanlaw.com ATTORNEY FOR (Name): Wayne A. Cook, Trustee L 4/16/2021 L SUPERIOR COURT OF CALIFORNIA, COUNTY OF STREET ADDRESS: 1775 Concord Avenue BUTTE E E MAILING ADDRESS: 1775 Concord Avenue D E Clark D CITY AND ZIP CODE: Chico, CA 95928 53" nanny 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/RESPONDENT: Edward F. Niderost, et al. NOHCEOFENTRYOFJUDGMENT OR ORDER :fifigggé (Check one): [2] UNLlMlTED CASE [2] LIMITED CASE (Amount demanded (Amount demanded was exceeded $25,000) $25,000 or less) TO ALL PARTIES: 1. Ajudgment, decree, or order was entered in this action on (date): March 23, 2021 2. A copy of the judgment, decree, or order is attached to this notice. Date: April 16, 2021 (TYPE OR PRINT NAME OF E] ATTORNEY D PARTY WITHOUT ATTORNEY) ) fikgrw New, (SIGNATURE) Page 1 of 2 Form Approved for Optional U59 Judicial Council of California NOTICE OF ENTRY OF JUDGMENT 0R ORDER www.coudinfocagov ClV-130 [New January 1, 2010] Cook CEBg Essential ceb.com ‘1 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 the Notice of Entry of Judgment or Order on the following person(s) at the following address(s), in the manner indicated below: Raoul J. LeClerc Sara M. Knowles, Esq. Attorney at Law Leland, Morrissey & Knowles, LLP Post Office Drawer 111 1660 Humboldt Road, Suite 6 Oroville, CA 95965 Chico, CA 95928 196 COHASSET ROAD, Sums 225, CHICO, CA 95926—2284 10 Larry Gene Lushanko Amy E. Starrett, Esq. Law Office of Larry G. Lushanko First American Title Insurance Company (530) 343-5090 / (530) 343—5091 (FAX) 11 1241 E Mission Rd. 5 First American Way Fallbrook, CA 92028 Santa Ana, CA 92707 RAYMOND L. SANDELMAN 12 ATTORNEY AT LAw 13 BY UNITED STATES MAIL enclosed the documents in a sealed envelope or package l4 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 15 business‘s practice for collecting and processing correspondence for mailing, it is deposited in the 16 ordinary course of business with the United States Postal Service, in a sealed envelope with postage fully prepaid. I am employed in the county where the mailing occurred. The envelope or package 17 was placed in the mail at Chico, CA. 18 BY TRANSMITTING THE DOCUMENT(S) ELECTRONICALLY via the following 19 X email addresses: sknowles@chicolawyer.com; office@1ushankolaw.com; rleclerc@leclerclawoffice.com; astarrett@firstam.com. 20 21 I certify under penalty of perjury that the foregoing is true and correct, and this declaration of service was executed on April i (Q , 2021 at Chico, California. 22 23 24 Wendy Hoy U U 25 26 27 28 m:lorig_data\worklclient directorieslcook, wayne 1814\p0r notice order 416. docx PROOF OF SERVICE 3/23/2021 Superior Court of California Raymond L. Sandelman SBN 078020 County of Butte worm-”’71 Attorney at Law 196 Cohasset Road, Suite 225 3/23/2021 Chico, CA 95926'2284 Kimberly Flene Clerk (530) 343-5090 / (530) 343-5091 (FAX) ' Email:Raymond@sandelmanlaw.c y De p uty om E aroma” ED Attorney for Wayne A. Cook, individually and as Trustee of the A. Cook 1998 Wayne Family Trust Dated 12/29/98 SUPERIOR COURT OF THE STATE OF CALIFOR NIA IN AND FOR THE COUNTY OF BUTTE 10 WAYNE A. COOK, TRUSTEE OF THE NO.: 20CV00905 11 WAYNE A. COOK 1998 FAMILY TRUST DATED 12/29/98, 12 (2 WORDERS RE: DEMURRER TO ANSWER TO AMENDED CROSS 13 Plaintiff, COMPLAINT AND AMENDED ANSWER TO 14 v COMPLAINT 15 16 EDWARD F. NIDEROST, et. al,, 17 Defendants. 18 / 19 AND RELATED CROSS COMPLAINTS 20 / 21 22 The demurrer by Wayne Cook, Trustee of the Wayne A. Cook 1998 Family Trust Dated 23 12/29/98 to the First, Third, and Fourth Affirma tive Defenses to the Amended Answer by John 24 Denton, Conservator of the Estate of Edward F. Niderost and as Successor Trustee of the Edward 25 F. Niderost Revocable Living Trust, and the demurrer by Wayne A. Cook, Trustee of the Wayne 26 A. Cook 1998 Family Trust Dated 12/29/98 to the First, Eighth, Ninth and Tenth Causes of Action 27 to the Amended Cross Com plaint by John Denton, Conservator of the Estate of Edward F. Niderost 28 and as Successor Trustee of the Edward F. Niderost Revocable Living Trust, came on for hearing swaggro AMENDEDHQROSS COMB]:A INT AWE: M5139. COM‘FEAINT'W. _ ..-. - _....._._.. AMY/511.1" Electronically Filed on March 17, 2021 before the Honora ble Tamara Mosbarger. Raymond L. Sandelman appeare d for Wayne Cook, individuall and as Trustee y . Sara Knowles appeare for John Den d ton, Conservator and Successor Trustee. The Court having read the Moving, Opposition, and Reply Briefs and after hea ring oral argument makes the following rulings: IT IS ORDERED that: Wayne A. Cook, individually, and as Trustee of the 1. Wayne A. Cook 1998 Family Trust Dated 12/29/98’5 request for judicial notice is granted. 2. The demurrer to the First Affirmative Def ense in the Amended Answer is granted on the 10 grounds that such affirmative defense fails to state facts sufficient to constitute an affirmative defense 225. CHICO. CA 95926-2284 11 against Wayne A. Cook, Trustee of the Way ne A. Cook 1998 Family Trust Dated 12/29/98. 12 Defendants are granted leave to amend con sistent with subject matter specified in the Opposition ) (530) 343-5090 I (530) 343-5091 (FAX 13 Brief. Any Second Amended Answer to the RAYMOND L. SANDELMAN Complaint shall be filed and served by March 29, 2021 ATTORNEY AT LAW 14 at noon. 3. The demurrer to the Third Affirma kl! s—a 196 COHASSET ROAD. SUITE tive Defense in the Amended Answer is granted an the i6 grounds that such affirmative defense fails to state facts suff icient to constitute an affirmative defense 17 against Wayne A. Cook, Trustee of the Way A. Cook 1998 Family Trust Dated 12/29/98. ne 18 Defendants are gran ted leave to amend consistent with subject matter specified in the Opposition 19 Brief. Any Second Amended Answer to the Complaint shall be filed and served by March 29, 2021 20 at HOOD. 21 4. The demurrer to the Fourth Affirmative Defens e in the Amended Answer is overruled, 5. The demurrer to the First Cause of Action in the Amended Cross Com plaint is sustained on the grounds that such cause of action fails to state facts sufficient to constitute a cause of acti ons against Wayne A. Cook, individually and as Trustee of the Wayne A. Cook 1998 Family Trust Dated 12/29/98, and because such cause of action is uncertain. Cross-C omplainants are granted leave to amend consistent with subject matter specified in the Opposit NNNNNNN ion Brief. Any Second Amended Cross Complai shall be filed and serv nt ed by March 29, 2021 at noon. 6. The demurrer to the Eigh Cause of Action in the th Amended Cross Complai is sustained nt 2 .onnansannamuakerz To answer: .9 AMEED COMPLAINT ERERQ§§£QMPLAIET AND..A.M§NP §12AIS§}Y§R. T0 without leave to amend on the grounds that such cause of action fails to state facts sufficient to constitute a cause of actions against Way ne A. Cook, individually and as Trustee of the Wayne A. Cook 1998 Family Trust Dated 12/29/98, and because such cause of actio n is uncertain. Cross- Complainants are granted leave to amend consistent with subject matter specified in the Opposition Brief. Any Second Amended Cross Complain shall be filed and served t by March 29, 2021 at noon. 7. The demurrer to the Ninth Cause of Action in the Amended Cros s Complaint is sustained on the grounds that such cause of action fails to state facts sufficient to cons titute a cause of actions against Wayne A. Cook, individually and as Trustee of the Wayne A. Cook 1998 Family Trust Dated 12/29/98, and because such cause of action is uncertain. Cross-Complainants are granted 10 leave to amend consistent with subject matter specified in the Opposition Brief. Any Second 95926—2284 11 Amended Cross Complaint shall be filed and served by March 29, 2021 at noort. 12 8. The demurrer to the Tenth Cause of Action in the Amended Cros s Complaint is sustained (530) 343-5090 I (530) 343-5091 (FAX) Comssm ROAD. Sun's 225, Cmco, CA 13 on the grounds that such cause of action fails to state facts sufficient to c0ns RAYMOND L. SANDELMAN titute a cause of actions ATTORNEY AT LAW 14 against Wayne A. Cook, individually and as Trustee of the Wayn A. Cook 1998 e Family Trust Dated 12/29/98, and because such cause of action is uncertain. Cross-Complainants are granted leave to amend consistent with subject matter specified in the Opposition Brief. Any Second Amended Cross Complaint shall be filed and served by March 29, 2021 at noon. 9. Wayne A. Cook, individually and as Trustee of the Wayne A. Cook 1998 Family Trust 196 Dated 12/29/98 may, after meeting and conferrin serve a demurrer to a Seco g, nd Amended Answer to the Complaint and/or Second Amended Cross Complaint, on or before March 31, 2021 and shall submit those papers to the clerk on that date via eftling with the understanding that because March 31, 2021 is a court holiday the documents will be filed on April 1, 2021. The hearing on any demurrer will be heard on April 5, 2021 at 8:30 am. 10. On the Court's own motion, the Court Trial on March N 29, 2021 at 8:30 a.m. is continued to April 5, 2021 at 8:30 a.m. The Trial Readiness Conference is continued to Apri N l l, 2021 at 1:30 p.m. N /// N 28 /// ORDERS RE: DEMURRER TO ANSWER TO AME NDEDCROSSEOMPLAINTAND AMENDED ANSWER TO COMPLAINT Dated; 3/23/2021 / Judge of the Stiperior Court Tamara L. Mosbarger Approved as to form Leland, Morrissey & Knowles LLP Dated: By: Sara M. Knowles Attorney for John Denton, Conservator of the 10 Estate of Edward F. N iderost and John Denton, successor trustee of The Edward F. Niderost Rom. Sum: 225. CHICO. CA 95926-2284 11 Revocable Living Trust Dated November 8, 1998 90 I (530) 343.5091 (FAX) RAYMOND L. SANDEIMAN ATTORNEY AT LAW (530) 343-50 196 COHASSEI’ N N N m N 28 m:lorigfldntalworktclx‘em directofieslcaok, wnyne I814lorderdemurrer 317.docx ORDERSRE:..D.EM.URRE_K.II‘.O‘AANSWER TO AMENDED .__._ __.__ ggg§§ coMPiAINT AND AMENDED ANSWER TO COMPLAINT