Preview
ClV—130
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
— Raymond L. Sandelman SBN 078020 Md CIHDMII
Attorney at Law
Superior
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196 Cohasset Road, Suite 225 CWI‘I'IIUI'BUIIH
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Chico, CA 95926-2284 L L
TELEPHONE NO :(530) 343—5090 FAX NO, (Optional):(530) 343-5091 5/17/2021
E-MAIL ADDRESS (Optional): Raymond@sandelmanlaw.com E E
ATTORNEY FOR (Name): Wayne A. Cook, Trustee D D
SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE
STREET ADDRESS: 1775 Concord Avenue
new
MAILING ADDRESS 1775 Concord Avenue
CITY AND ZIP CODE: Chico, CA 95928
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 a1.
CASE NUMBER:
NOTICE OF ENTRY OF JUDGMENT
20CV00905
OR ORDER
(Check one): [2] UNLIMITED CASE 1:] 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): May 3, 2021
2. A copy of the judgment, decree, or order is attached to this notice.
Date: May 17, 202]
RavmondL Sandelman
(TYPE OR PRINT NAME OF E] ATTORNEY D PARTY WITHOUT ATTORNEY )
’ ( SIGNATURE)
Page 1 of 2
Form APPVOVW for Optional U59
Judicial Council of California
NOTICE OF ENTRY OF JUDGMENT OR ORDER www.courtinfo.ca.gov
ClV—130 [New January 1, 2010]
CEB"? Essential Cook
ceb.com r
fiflfl'
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 Mt Knowles, Esq.
Attorney at Law Leland, Morrissey & Knowles, LLP
Post Office Drawer lll 1660 Humboldt Road, Suite 6
Oroville, CA 95965 Chico, CA 95928
196 COHASSET ROAD, SUITE 225, CHICO, CA 95926-2284
10 Larry Gene Lushanko Amy E. Starrett, Esq.
Law Office of Larry G. Lushanko First American Title Insurance Company
ii
(530) 343—5090 / (530) 343-5091 (FAX)
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
14 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@lushankolaw.com;
20
rleclerc@leclerclawoffice.com; astarrett@firstam.com.
21 I certify under penalty of perjury that the foregoing is true and correct, and this declaration
’
of service was executed on May l , 2021 at Chico, California.
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24 Wendy Hoy L»! f3"
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m.'lorig_data\worklclient directorieslcook, wayne I 81 41pm notice order 51 7. docx
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PROOF OF SERVICE
/22/2021
Superior Com of California
Raymond L. Sandelman SBN 078020 County of Butte
F
Attorney at Law I
196 Cohasset Road, Suite 225 5/03/2021 L
Chico, CA 95926-2284 E
(530) 343-5090 / (530) 343-5091 (FAX)
JW
Kimberly F'ener’Clerk
D D
Email:Raymond@sandelmanlaw.com By Deputy
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
FILE
IN AND FOR THE COUNTY OF BUTTE
10
WAYNE A. COOK, TRUSTEE OF THE NO.: 200100995
11 WAYNE A. COOK 1998 FAMILY
12
TRUST DATED 12/29/98, ERROBOSEDI‘ORDERS RE: DEMURRER TO
SECOND AMENDED CROSS COMPLAINT
13 Plaintiff, AND SECOND AMENDED ANSWER TO
14
COMPLAINT
15
I6 EDWARD F. NIDEROST, et. al.,
l7 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 Affirmative Defense in the Second Amended Answer
by John Denton,
24 Conservator of the Estate of Edward F. Niderost and as Successor Trustee of the Edward F. Niderost
25 Revocable Living Trust, and the demurrer by Wayne A. Cook, individ
ually, and as Trustee of the
26 Wayne A. Cook 1998 Family Trust Dated 12/29/98 to the First, Eighth, and Ninth Causes of Action
27 to the Second Amended Cross Complaint by John Demon, Conservator of the Estate of Edward F.
28 Niderost and as Successor Trustee of the Edward F. N iderost Revocable
Living Trust, came on for
1
ORDERS RE: DEMURRER TO SECOND AMENDED CROSS COMPLAINT AND SECOND AMENDED ANSWER
TO COMPLAINT
Electronically Filed
hearing on April 6, 2021 before the Honorable Tamara Mosbarger. Raymond L. Sandelman
appeared for Wayne Cook, individually and as Trustee. Sara Knowles appeared for John Demon,
Conservator and Successor Trustee.
The Court having read the Moving and Opposition Briefs and after hearin oral
g argument
makes the following rulings:
IT IS ORDERED that:
1. The demurrer to the First Affirmative Defense to the Second Amended Answer is
overruled.
2. The demurrer by Wayne A. Cook, Trustee of the Wayne A. Cook 1998 Family Trust
10 Dated 12/29/98 to the First Cause of Action in the Second Amended Cross
Complaint is sustained
196 COHASSET ROAD, SUITE 225, Cmco. CA 95926-2284
11 on the grounds that such cause of action fails to state facts sufficient to constitute a cause of actions
12 against Wayne A. Cook, Trustee of the Wayne A. Cook 1998 Family Trust Dated 12/29/98, and
(530) 343‘5090 l (530) 343-5091 (FAX)
13 because such cause of action is uncertain. The demurrer
by Wayne A. Cook, individually to the
RAYMOND L. SANDELMAN
ATTORNEY AT LAW
l4 First Cause of Action in the Second Amended Cross Complaint is overruled.
15 3. The demurrer by Wayne Cook, Trustee of the Wayne A. Cook 1998 Family Trust Dated
16 12/29/98 to the Eighth Cause of Action in the Second Amended Cross Compl
aint is sustained without
17 leave to amend, on the grounds that such cause of action fails to state facts sufficient to constitute a
18 cause of action against Wayne A. Cook, individually or as Trustee of the Wayne A. Cook 1998
19 Family Trust Dated 12/29/98, and because such cause of action is uncertain.
20 4. The demurrer to the Ninth Cause of Action in the Second Amended Cross
Complaint is
21 overruled .
22
5/3/2021
23 Dated:
24 Judge of the Superior Court
TAMARA L. MOSBARGER
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2
ORDERS RE: DEMURRER TO SECOND AMENDED CROSS COMPLAINT AND SECOND AMENDED ANSWER
TO COMPLAINT
Approved as to form:
Leland, Morrissey & Knowles LLP
Dated: By:
Sara M. Knowles
Attorney for John Denton, Conservator of the
Estate of Edward F. Niderost and John Denton,
successor trustee of The Edward F. Niderost
Revocable Living Trust Dated November 8,
1998
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196 COHASSET ROAD, SUITE 225, CHICO. CA 95926—2284
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/ (530) 343-5091 (FAX)
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RAYMOND L. SANDELMAN
ATTORNEY AT LAW
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343-5090
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(530)
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28 m:lorig_damlw0rklcliem directorieslcook, wayne 1814\0rderdemurrer 419. docx
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ORDERS RE: DEMURRER TO SECOND AMENDED CROSS COMPLAINT AND SECOND AMENDED ANSWER
TO COMPLAINT
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 0f 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, SUITE 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
RAYMOND L. SANDELMAN
12
Santa Ana, CA 92707
ATTORNEY AT LAW
13
BY UNITED STATES MAIL enclosed the documents in a sealed envelope or package
14 X addressed to the persons at the addresses shown above and placed the envelope for collection
15
and mailing, following our ordinary business practices. I am readily familiar with this
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@lushankolaw.com;
20 rleclerc@leclerclawoffice.com; astarrett@firstam.com.
21 I certify under penalty of perjury that the foregoing is true and correct, and this declaration
of service was executed on May , 2021 at Chico, California.
22
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24 Wendy Hoy
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m:lorig_datalworklrls-wshlpas notice order 516. docx
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PROOF OF SERVICE
Preview
ClV—130 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY — Raymond L. Sandelman SBN 078020 Md CIHDMII Attorney at Law Superior —F 196 Cohasset Road, Suite 225 CWI‘I'IIUI'BUIIH l | Chico, CA 95926-2284 L L TELEPHONE NO :(530) 343—5090 FAX NO, (Optional):(530) 343-5091 5/17/2021 E-MAIL ADDRESS (Optional): Raymond@sandelmanlaw.com E E ATTORNEY FOR (Name): Wayne A. Cook, Trustee D D SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE STREET ADDRESS: 1775 Concord Avenue new MAILING ADDRESS 1775 Concord Avenue CITY AND ZIP CODE: Chico, CA 95928 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 a1. CASE NUMBER: NOTICE OF ENTRY OF JUDGMENT 20CV00905 OR ORDER (Check one): [2] UNLIMITED CASE 1:] 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): May 3, 2021 2. A copy of the judgment, decree, or order is attached to this notice. Date: May 17, 202] RavmondL Sandelman (TYPE OR PRINT NAME OF E] ATTORNEY D PARTY WITHOUT ATTORNEY ) ’ ( SIGNATURE) Page 1 of 2 Form APPVOVW for Optional U59 Judicial Council of California NOTICE OF ENTRY OF JUDGMENT OR ORDER www.courtinfo.ca.gov ClV—130 [New January 1, 2010] CEB"? Essential Cook ceb.com r fiflfl' 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 Mt Knowles, Esq. Attorney at Law Leland, Morrissey & Knowles, LLP Post Office Drawer lll 1660 Humboldt Road, Suite 6 Oroville, CA 95965 Chico, CA 95928 196 COHASSET ROAD, SUITE 225, CHICO, CA 95926-2284 10 Larry Gene Lushanko Amy E. Starrett, Esq. Law Office of Larry G. Lushanko First American Title Insurance Company ii (530) 343—5090 / (530) 343-5091 (FAX) 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 14 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@lushankolaw.com; 20 rleclerc@leclerclawoffice.com; astarrett@firstam.com. 21 I certify under penalty of perjury that the foregoing is true and correct, and this declaration ’ of service was executed on May l , 2021 at Chico, California. g3 22 i [/3 f A [If 23 24 Wendy Hoy L»! f3" 25 26 27 m.'lorig_data\worklclient directorieslcook, wayne I 81 41pm notice order 51 7. docx 28 PROOF OF SERVICE /22/2021 Superior Com of California Raymond L. Sandelman SBN 078020 County of Butte F Attorney at Law I 196 Cohasset Road, Suite 225 5/03/2021 L Chico, CA 95926-2284 E (530) 343-5090 / (530) 343-5091 (FAX) JW Kimberly F'ener’Clerk D D Email:Raymond@sandelmanlaw.com By Deputy 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 FILE IN AND FOR THE COUNTY OF BUTTE 10 WAYNE A. COOK, TRUSTEE OF THE NO.: 200100995 11 WAYNE A. COOK 1998 FAMILY 12 TRUST DATED 12/29/98, ERROBOSEDI‘ORDERS RE: DEMURRER TO SECOND AMENDED CROSS COMPLAINT 13 Plaintiff, AND SECOND AMENDED ANSWER TO 14 COMPLAINT 15 I6 EDWARD F. NIDEROST, et. al., l7 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 Affirmative Defense in the Second Amended Answer by John Denton, 24 Conservator of the Estate of Edward F. Niderost and as Successor Trustee of the Edward F. Niderost 25 Revocable Living Trust, and the demurrer by Wayne A. Cook, individ ually, and as Trustee of the 26 Wayne A. Cook 1998 Family Trust Dated 12/29/98 to the First, Eighth, and Ninth Causes of Action 27 to the Second Amended Cross Complaint by John Demon, Conservator of the Estate of Edward F. 28 Niderost and as Successor Trustee of the Edward F. N iderost Revocable Living Trust, came on for 1 ORDERS RE: DEMURRER TO SECOND AMENDED CROSS COMPLAINT AND SECOND AMENDED ANSWER TO COMPLAINT Electronically Filed hearing on April 6, 2021 before the Honorable Tamara Mosbarger. Raymond L. Sandelman appeared for Wayne Cook, individually and as Trustee. Sara Knowles appeared for John Demon, Conservator and Successor Trustee. The Court having read the Moving and Opposition Briefs and after hearin oral g argument makes the following rulings: IT IS ORDERED that: 1. The demurrer to the First Affirmative Defense to the Second Amended Answer is overruled. 2. The demurrer by Wayne A. Cook, Trustee of the Wayne A. Cook 1998 Family Trust 10 Dated 12/29/98 to the First Cause of Action in the Second Amended Cross Complaint is sustained 196 COHASSET ROAD, SUITE 225, Cmco. CA 95926-2284 11 on the grounds that such cause of action fails to state facts sufficient to constitute a cause of actions 12 against Wayne A. Cook, Trustee of the Wayne A. Cook 1998 Family Trust Dated 12/29/98, and (530) 343‘5090 l (530) 343-5091 (FAX) 13 because such cause of action is uncertain. The demurrer by Wayne A. Cook, individually to the RAYMOND L. SANDELMAN ATTORNEY AT LAW l4 First Cause of Action in the Second Amended Cross Complaint is overruled. 15 3. The demurrer by Wayne Cook, Trustee of the Wayne A. Cook 1998 Family Trust Dated 16 12/29/98 to the Eighth Cause of Action in the Second Amended Cross Compl aint is sustained without 17 leave to amend, on the grounds that such cause of action fails to state facts sufficient to constitute a 18 cause of action against Wayne A. Cook, individually or as Trustee of the Wayne A. Cook 1998 19 Family Trust Dated 12/29/98, and because such cause of action is uncertain. 20 4. The demurrer to the Ninth Cause of Action in the Second Amended Cross Complaint is 21 overruled . 22 5/3/2021 23 Dated: 24 Judge of the Superior Court TAMARA L. MOSBARGER 25 26 27 28 2 ORDERS RE: DEMURRER TO SECOND AMENDED CROSS COMPLAINT AND SECOND AMENDED ANSWER TO COMPLAINT Approved as to form: Leland, Morrissey & Knowles LLP Dated: By: Sara M. Knowles Attorney for John Denton, Conservator of the Estate of Edward F. Niderost and John Denton, successor trustee of The Edward F. Niderost Revocable Living Trust Dated November 8, 1998 10 11 12 196 COHASSET ROAD, SUITE 225, CHICO. CA 95926—2284 13 / (530) 343-5091 (FAX) 14 RAYMOND L. SANDELMAN ATTORNEY AT LAW 15 l6 343-5090 17 18 (530) 19 20 21 22 23 24 25 26 27 28 m:lorig_damlw0rklcliem directorieslcook, wayne 1814\0rderdemurrer 419. docx 3 ORDERS RE: DEMURRER TO SECOND AMENDED CROSS COMPLAINT AND SECOND AMENDED ANSWER TO COMPLAINT 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 0f 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, SUITE 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 RAYMOND L. SANDELMAN 12 Santa Ana, CA 92707 ATTORNEY AT LAW 13 BY UNITED STATES MAIL enclosed the documents in a sealed envelope or package 14 X addressed to the persons at the addresses shown above and placed the envelope for collection 15 and mailing, following our ordinary business practices. I am readily familiar with this 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@lushankolaw.com; 20 rleclerc@leclerclawoffice.com; astarrett@firstam.com. 21 I certify under penalty of perjury that the foregoing is true and correct, and this declaration of service was executed on May , 2021 at Chico, California. 22 23 24 Wendy Hoy 25 26 27 m:lorig_datalworklrls-wshlpas notice order 516. docx 28 PROOF OF SERVICE