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Superior Court of California
Sara M. Knowles (SBN 216139) County of Butte
LELAND, MORRISSEY & KNOWLES LLP
1660 Humboldt Road, Suite 6 1/21/2021
Chico, CA 95928
Telephone: (530) 342-4500
Facsimile: (530) 345-6836 By
Electronically FILED
Deputy
Attomey for Conservator John Denton for Successor Trustee
of the Edward F. Niderost Revocable Living Trust Dated
November 8, 1998
SUPERIOR COURT OF CALIFORNIA,
COUNTY OF BUTTE
10
11
WAYNE A. COOK, TRUSTEE OF THE CASE NO. 20CV00905
12 WAYNE A. COOK 1998 FAMILY TRUST
DATED 12/29/98, DECLARATION OF SARA M.
KNOWLES IN SUPPORT OF
Plaintiff, OPPOSITION TO PLAINTIFF’S
14 MOTION FOR ISSUE SANCTIONS,
Vv.
EVIDENCE SANCTIONS, AND/OR
15 ORDER DIRECTING JOHN DENTON,
EDWARD F. NIDEROST, INDIVIDUALLY SUCCESSOR TRUSTEE TO PRODUCE
16 AND AS TRUSTEE OF THE EDWARD F. DOCUMENTS PROMISED IN JOHN
NIDEROST REVOCABLE LIVING TRUST DENTON, SUCCESSOR TRUSTEE’S
17 DATED NOVEMBER 8, 1998, DOES 1 RESPONSE TO DOCUMENT DEMAND
THROUGH 10, FOR FAILURE TO COMPLY WITH
18 DISCOVERY ORDER, AND MONETARY
Defendants. SANCTIONS
19
Hearing Date: February 3, 2021
20 AND RELATED CROSS-ACTION Time: 9:00 A.M.
Dept.: 1
21 Judge: Tamara Mosbarger
22
23
24
25 I, Sara M. Knowles, declare that I am an attorney licensed in the State of Californi
a
26 and am a partner in the law firm known as Leland, Morrissey & Knowles, LLP,
which Tepresents
27
1
28 DECLARATION OF SARA M. KNOWLES IN SUPPORT OF OPPOSITION TO PLAINTIFF'S
MOTION FOR ISSUE SANCTIONS,
EVIDENCE SANCTIONS, AND/OR ORDER DIRECTING JOHN DENTON, SUCCESSOR TRUSTEE
TO PRODUCE DOCUMENTS
PROMISED IN JOHN DENTON, SUCCESSOR TRUSTEE’S RESPONSE TO DOCUMENT DEMAND
FOR FAILURE TO COMPLY WITH
DISCOVERY ORDER, AND MONETARY SANCTIONS
John Denton, the Conservator of Edward F. Niderost and the Successor Trustee of the Edward F.
Niderost Revocable Living Trust. If called as a witness to testify, I could and would faithfully
and truthfully testify as follows:
1 I prepared and mailed a Production of Documents on December 23, 2020,
attached hereto and incorporated herein as Exhibit “A.”
2 At the deposition of John Denton on December 29, 2020, additional documents
were produced in response to Plaintiff's requests, amounting to over 300 pages. The Deposition
Notice (“Notice”) is attached hereto and incorporated herein by reference as Exhibit “B”. The
9 Notice, at item 64 through 67 are identical to items 17-21 of the Document Production, set three.
10 |; Documents were produced at the deposition of Mr. Denton that were responsive to all aspects of
11 the Document Production Set three as outlined in the pending motion. This occurred one week
12 before this pending motion was filed.
13 3 Counsel for Plaintiff wrote to me on December 22, 2020 threatening a motion and
14 monetary sanctions with no request to meet and confer. A true and correct copy of this
15 correspondence is attached hereto and incorporated herein by reference as Exhibit C”.
16 4 On December 23, 2020, counsel for Plaintiff wrote to me again, threatening a
17 motion to compel and monetary sanctions. I advised him on that date that I would need more
18 than the mere seven days to reply. Counsel for Plaintiff refused. A true and correct copy of this
19 correspondence is attached hereto and incorporated herein by reference as Exhibit “D”.
20 5. On December 24, 2020, counsel for Piaintiff wrote again, asking for further
21 responses within one week. Counsel for Plaintiff was aware, at that time, that I would need more
22 '| than a week (especially during the holidays) to respond. A true and correct copy of this
23 correspondence is attached hereto and incorporated herein by reference as Exhibit “E”.
24 6. In response to Exhibit “E”, I wrote to counsel for Plaintiff on December 24, 2020
25 twice, to address a variety of issues, including the fact that since my client was being deposed
26 that I suggested that he ascertain what, if any additional information was needed. I also indicated
27
2
28 DECLARATION OF SARA M, KNOWLES IN SUPPORT OF OPPOSITION TO PLAINTIFF’S MOTION FOR
ISSUE SANCTIONS,
EVIDENCE SANCTIONS, AND/OR ORDER DIRECTING JOHN DENTON, SUCCESSOR TRUSTEE TO PRODUCE
DOCUMENTS
PROMISED IN JOHN DENTON, SUCCESSOR TRUSTEE’S RESPONSE TO DOCUMENT DEMAND FOR FAILURE TO
COMPLY WITH
{ DISCOVERY ORDER, AND MONETARY SANCTIONS
to him, again, that ] would need three weeks to respond to his discovery meet and confer letters.
A true and correct copy of my December 24, 2020 correspondence is attached hereto and
incorporated herein by reference as Fxhibit “F”.
7. The order regarding the motion to compel, referenced above, was not signed by
the Court until January 4, 2021. To the extent that counsel for Plaintiff was threatening motions
and sanctions prior to this date, such threats were baseless.
8 Plaintiff filed this motion on January 5, 2021, a week after documents were
produced with respect to Mr. Denton’s deposition.
9 On January 14, 2021 (which was within the three week period I specified that I
10 would need) I sent multiple e-mails responding to counsel for Plaintiff, Raymond Sandelman
11 indicating ‘that I believe I had satisfied his discovery requests and asking that Mr. Sandelman
12 advice if he disagrees. He did not indicate that he disagreed with the completeness of discovery
13 responses until today, January 21, 2021 — the deadline for an opposition to this motion. I
14 responded to that email, and both are attached hereto and incorporated herein by reference as
15 Exhibit “G”. Included in that response is my reference to Mr. Sandelman’s behavior, today,
16 January 21, 2021 wherein he yelled at me and his client at separate occasions during a
17 | deposition. Such behavior is abusive.
18 10. Also on January 14, 2021, I sent an e-mail to all parties with a Bates Stamped
19 version of the documents previously produced, attached hereto and incorporated herein as
20 Exhibit “H.” Given the volume of the documents and the fact that the documents contain private
21 information of one of the parties, the documents are not attached.
22 11. Also on January 14, 2021, I sent an email to all parties outlining the identification
23 of which numbered Bates Stamped dccuments were responsive to which discovery requests. This
24 e-mail is attached hereto and incorporated herein as Exhibit “I.”
25 12, On January 15, 2021, I again outlined which of the Bates stamped documents
26 were responsive to which discovery requests more formally in the following four documents:
27
3
28
DECLARATION OF SARA M. KNOWLES IN SUPPORT OF OPPOSITION TO PLAINTIFF'S MOTION FOR ISSUE SANCTIONS,
EVIDENCE SANCTIONS, AND/OR ORDER DIRECTING JOHN DENTON, SUCCESSOR TRUSTEE TO PRODUCE DOCUMENTS
PROMISED IN JOHN DENTON, SUCCESSOR TRUSTEE’S RESPONSE TO DOCUMENT DEMAND FOR FAILURE TO COMPLY WITH
DISCOVERY ORDER, AND MONETARY SANCTIONS
Identification of Documents Responsive to Demand For Production Of Documents Set One
(attached hereto as Exhibit “J”); Identification of Documents Responsive to Amended Demand
for Production of Documents Set One — Amended (attached hereto as Exhibit “K”);
Identification of Documents Responsive to Amended Demand for Production of Documents, Set
No. Two (attached hereto as Exhibit “L”); Identification of Documents Responsive to Demand
for Production of Documents, Set No. Three (attached hereto as Exhibit “M”). These four
documents were sent to all parties by e-mail on January 15, 2021. I then caused these four
documents to be sent by U.S, Mail with verification signed by John Denton to all parties on
January 18, 2021. I did this in an effort to be as clear as possible.
10 13. My dealings with Mr. Sandelman in this case have been extremely strained. He
11 has refused to grant me extensions to deadlines for discovery or for other matters. This stems
12 from an occurrence early in this case in which he missed the deadline to file a demurrer. He
13 requested, AFTER the deadline to file the demurrer had passed, for an extension. I refused his
14 request and since that time he has refused to provide any extensions to me when I was suspected
15 of having COVID-19, or for any other reason. He has similarly refused to provide me with a
16 reasonable period of time to respond to any meet and confer letters. As referenced above, he has
17 engaged in bullying and abusive tactics in today’s deposition and has done so in my client’s
18 deposition which was taken on December 29, 2020.
19 I declare under penalty of perjury under the laws of the State of California that the
20 foregoing is true and correct. Executed this 21" day of January, 2021 at Chico, California.
21
22
23 AL Yor
ara Knowles
24
25
26
27
4
28 DECLARATION OF SARA M. KNOWLES IN SUPPORT OF OPPOSITION TO PLAINTIFF'S MOTION FOR ISSUE SANCTIONS,
EVIDENCE SANCTIONS, AND/OR ORDER DIRECTING JOHN DENTON, SUCCESSOR TRUSTEE TO PRODUCE DOCUMENTS
PROMISED IN JOHN DENTON, SUCCESSOR TRUSTEE’S RESPONSE TO DOCUMENT DEMAND FOR FAILURE TO COMPLY WITH
DISCOVERY ORDER, AND MONETARY SANCTIONS,
EXHIBIT “A”
Sara M. Knowles (SBN 216139)
LELAND, MORRISSEY & KNOWLES tip
1660 Humboldt Road, Suite 6
Chico, CA 95928
Telephone: (530) 342-4500
Facsimile: (530) 345-6836
Attomey for Conservator John Denton for the Estate of
Edward F. Niderost and Successor Trustee for the Edward F
Niderost, Niderost Revocable Living Trust Dated November
8, 1998
SUPERIOR COURT OF CALIFORNIA,
COUNTY OF BUTTE
10
WAYNE A. COOK; TRUSTEE OF THE CASE NO. 20CV00905
11 WAYNE A. COOK 1998 FAMILY TRUST
DATED 12/29/98 PRODUCTION OF DOCUMENTS
12
Plaintiff,
13
Vv,
14
EDWARD F. NIDEROST, INDIVIDUALLY
15 AND AS TRUSTEE OF THE EDWARD F.
NIDEROST REVOCABLE LIVING TRUST
16 DATED NOVEMBER 8, 1998, DOES 1
THROUGH 10,
17
Defendants.
18
_ RELATED CROSS-ACTION
19 “s = saci ee
20
21 PROPOUNDING PARTY: Wayne A. Cook,
22 RESPONDING PARTY: John Denton, Conservator of the Estate of Edward F
23 Niderost
24 SET NUMBER: ONE
25 Responding Party, pursuant to the provisions of Section 2031.020, et seq., of the
26 California Code of Civil Procedure, hereby responds to Wayne A. Cook; Trustee
Of The Wayne
27 | A. Cook 1998 Family Trust Dated 12/29/98's Demand for Production of Document
s, Set No.
28 | One, as follows:
1
PRODUCTION OF DOCUMENTS, SET NO. ONE
Responding Party is pursuing its investigation and analysis of the facts and law telating to
this case and has not completed its discovery or preparation for trial. Therefore, the responses
set forth herein are given without prejudice to Responding Party’s right to produce any
subsequently discovered facts or to add, modify, or otherwise change or amend the
responses
herein, The information hereinafter set forth is true and correct to the best knowledge
of
Responding Party as of this date, and is subject to correction for inadvertent errors, mistakes
or
omissions, These responses are based on information presently available to Responding Party.
Responding Party reserves the right to use at trial or deposition or in support of or in
9 opposition to any motion any and all evidence heretofore or hereafter produced by parties in this
10 action or by third persons. To the extent that Responding Party identifies certain writings or
11 delineates any facts, it does so without prejudice to establish at a later date any additiona
l facts
12 that may be contained within or discovered as a result of any subsequently-discovered
facts or
13 any additional investigation and discovery.
14 Inadvertent production of privileged information by Responding Party is not a waiver of
18 any applicable privilege. Production of any evidence or information does not
waive any trial
16 objection, including but not limited to, relevancy and/or to the admission of such informat
ion in
17 evidence,
18
19 |
20 | LELAND, MORRISSEY & KNOWLES tip
21 |
a i| Dated:2¢42.2 , 2020
Sara M. Knowles
23 Attorney for Conservator John Denton of the estate
of Edward F. Niderost and Successor Trustee of the
24 Edward F. Niderost Revocable Living Trust Dated
November 8, 1998
25
26
27
28
2
PRODUCTION OF DOCUMENTS, SET NO. ONE
VERIFICATION
1, John Denton, am the Conservator of the Estate of Edward F, Niderost in this
proceeding. T have read the Response to Demand for Production of Documenty, Set No. One and
verify the contents thereof. T have personal knowledge of the facts therein ulleged, except as to
those facts alleged on information and belief and, as to such facts, I believe them to be true.
I declare under the penalty of perjury under the laws of the State of California that the
foregving
is true and correct.
10
Execu
tis ted
3" day of December, 2020 at Chico, California,
12 Le
J Denton
13
14
16
16
7
8
2
23
24
26
27
4
"RESPON TO DEMAND FOR PRODUCTION OF DOCUMENTS, SET NO. ORE
a
EXHIBIT “B”
Raymond L. Sandeman SBN 078020
Attorn
atey
Law
196 Coha Roa
s d,sSuit
eet225
Chico, CA 95926-2284
(530) 343-5090 / (530) 343-50
91 (Fax)
il:Ray Ww .COm
Attorn for ey
Wayne A. Cook, individually
And as Trustes of The Wayne A.
Cook 1993
Fam Trusi
t Date
ldy 12/29,
SUPERIOR COURT OF THE STA
TE OF CALIFORNIA
IN AND FOR THE COUNTY OF BUT
TE
il
12 WAYNE A. COOK, TRUSTEE OF
THE NO.: 20CVo0905
13 WAYNE A, COOK 1998 FAMILY
TRUST DATED 12/29/98,
14 NOTICE OF TAKING DEPOSITION
JOHN OF
DENTON, TRUSTER OF
Plaintiff,
5 EDWARD F. ND EROST REVOCA
16
LIVING TRUST DATED NOVEMBER BLE
Vs. 8, 1998
AND CONSER' ‘VATOR OF THE
ESTATE OF
17 EDWARD F, NIDEROST, et EDWARD F NIDEROST
al., ON ORAL
EXAMINATION
18
Defendants.
19
/
AND RELATED CROSS COMPLAINT
S.
21
/
TO THE PARTIES HEREIN AND TO
THEIR ATTORNEYS:
PLEASE TAKE NOTICE that, pur
suantto Code of Civil Procedure section 2025.010
et
seq., Wayne A: Cook, Trustee will
ake the deposition of John Denton,
Successor Trustee of The
Edward F. Niderost Revocable Liv
ing Trust Dated November 8, 1998,
and Conservatorof the Estate
of Edward F, Niderost, whose addr
ess is 317 East Avenue, Chico, CA
95928, on oral examination
NOTICE OF TAKING DEPOSITION
ON ORAL RAGNATION
on December 15, 2020 at 9:00 a.m. The deposition will be taken at the offic
e of Duensing
Deposition Reporters, 2840 Cohasset Rd, Chico, CA 95973 (530)
345-2488. ‘The witness and
Counsel can participate via remote video conferencing (a Tink will
be emailed to counsel forall
Parties). Pursuant to Judicial Council Emergency Rule 11 the witness
is not requied tobe present
With the deposition officer at the time of the deposition,
The deposition shall be taken before
an officer who is authorized to administ
er an oath. If
the deposition is not completed on the date set
forth above, the taking of the depositi willonbe
continued from day to day thereafter
except for Sundays and ho! lidays, at the
same place until
Compicted oF until the seven hours of test
imony limi, or sny longer agreed upon
time limit, bas
10 been reached.
i The deponent is being asked to prod
uce documents described below at the
time of the
g 2 “epostion. All documents including elec
tronically stored information shouldbe
sé produced 28 paper
13 printouts (hard copies), oF uploaded as
a single PDF at the beginning of the depos
ition (or eattier)
14
i Fis
S15
DEFINITIONS
“fi B17 For purposes of the deposition, the term
“EEDDWARD F. NID
s used herein are defined as follows
EROST, TRUSTEE’ means Edward F, Nide
rost in his capacity as
18 trustee. of The Edward F. Niderost
Revocable Living Trust Dated November
& 1998.
19 “FINANCIAL ACCOUNT" means a bank
account, checking account, savings acco
unt,
money market account, or cred union it
account in YOUR own name or jointly with
another
21 "FINE $500,000 NOTE” means a promisso
ry note dated February 18, 2020 in the
amount
of $500,000 a copy of is attached hereto
marked Exhibit 1.
“FINE $500,000 DEED OF TRUST” means the deed of trust recorded on Febr
uary 28,
2020 in the Official “Recards of the Coun
ty of Butte as. Document No, 2020-0009600
", a copy of
which is attached. hereto marked Exhibit 2.
“LACK OF CAPACITY TO MAKE A DECISION” means 2 lack
of thein
capacity
g to
27 make a decision as defined in Prob.
Code, § 811.
28 “MAGALIA PROPERTY” shall Tefer
to the real property commonly known as
14174
NOTICE GF TAKING DEPOSHTION ON ORAL EEAMIGATION
Racine Circle, Magalia, California.
“REAL PROPERTY" means the real property commonly known as 2185 Esplanade,
Chico,
‘Butte County, California.
“RV” shall refer to the subject personal Property known as a 2011 Fleetw
ood Southwind,
VIN 1F66F5DY1B0A03212.
“TRUCK” shall refer to the subject personal property known as a 2011 Toyota truck,
“WAYNE COOK, TRUSTEE” meens Wayne A. Cook, Trustee of The Wayne
A. Cook
1998 Family Trust Dated 12/29/98.
“WRITING” is used as such term is defined in Evidence Code section
250, and means
10 handwriting, typewriting, printing, photostating, photographing, Photocopying, transmi
tting by
it electronic mail or facsimile, and every other means of recording upon.a
ny tangible thing, any form
3? of communication or representation, including letters, words,
pictures, sounds, or symbols, ot
a 13 combinations thereof, and any record thereby created, regardl
ess of the manner in which the record
ou has been stored.
i #16215 “YOU” and “YOUR” means John Denton, successor trustee of The Edward
F, Niderost
“a Revocable Living Trast Dated November 8, 1998 and/or Conservator
§ 17 Niderost.
of the Estate of Edward F.
18 “2185 ESPLANADE REAL ESTATE:CONTRACT” means the real estate contract a copy
19 of which is attached hereto marked Exhibit 3.
“$674,062.39 PROMISSORY NOTE” means the promissory note a copy of which is
21 }| attached hereto marked Exhibit 4.
DESIGNATION OF DOCUMENTS TO BE PRODUCED AT THE DEPOSITON
1, Each nonprivileged WRITING in YOUR possession or control evidencing any act of
25 undue influe as nce
defined in Welfare & Institut
Codeions
section 15610.70 YOU contend was
committed by Wayne Cook as to EDWARD F. NIDEROST, TRUSTEE.
27 2. Bach nonprivileged WRITING ia YOUR possession or control evidencing any act of
28 undue influence as defined in Welfare & Institutions Code section 15610.70 YOU
contend was
3
NOTICE OF TAKING DEPOSITION ON ORAL EXAMINATION
1| committed by WAYNE COOK, TRUSTEE as to EDW
ARD F. NIDEROST, TRUSTEE,
2 _.- 3.“Bach nonprivileged WRITING in YOUR Posse
ssion or control evidencing any act of
3 Undue influence as defined in Welfare & Institutions
Code section 15610.70 YOU contend was
4/| committed by Wayne Cook as to Edward F. Nider
ost,
5 -~4- Each’ nonprivileged WRITING in YOUR possession or control evidencing any act of
7 undue influence as defined in Welfare & Institutio
ns Code section 15610,70 YOU contend wes
7 | committed by WAYNE COOK, TRUSTER as to Edwar
d F. Niderost,
“3*Bach nonprivileged WRITING in YOUR possession
or control evidencing any act of
undue influence as defined in Welfare & Institutions
Code section 15610.70 YOU contend was
10 comunitted by any agent of Matthew N. Fine,
MD 401K Plan as to Edward F, Niderost.
1 6. Bach nonptivileged WRITING in YOUR possession
or control evidencing any act of
3? undue influence as defined in Welfare & Instit
utions Code section 15610.70 YOU contend wes
13 comm by anyit
agent te
of Matth
d ew N. Fine, MD 401K Flan as to EDWARD F. NIDEROST,
14 TRUSTEE.
“E §Bi17 “ny
8 is 7/ Bach nonprivileged WRITING in YOUR possession or control supporting the claim that
N. Fine, MD 401K Plan was a “debt collector” as defined
15 U.S.C.A. § 16922 (6).
} Each nonprivileged WRITING in YOUR possession or contro!
supporting the claim that
18 the Matthew N. Fine, MD 401K Plan was a “credi
tor” as defined in 15 U.S.C.A. § 1692a(4) with
19 respect to FINE $500,0NOTE. 00
Fach nonpriviteged WRITING
in YOUR possession or control supporting the claim tht
21 the Matthew N. Fine, MD 401K Plan's principal
business purpose at any time subsequent to January
1, 2018 was the collection of debts.
10; Each nonprivileged WRITING in YOUR possession or contro! supporting the claim that
the Matthew N. Fine, MD 401K Plan was at any time subsequent to January 1, 2018
a person who
regularly collects debts on beha of lf
others,
1 Bach nonprivileged WRITING in YOUR possession or contro
l supporting YOUR claim
27 that the FINE $500,000 DEED OF TRUST is unconscionable.
12. Each nonprivileged WRITING. in YOUR possession or
control supportin
YOUR
g claim
4
NOTICE OF TAKING DEPOSITION ON ORAL EXAMINATION
; moe 062.39 PROMISSORY NOTE is unconsci
onable,
Each nonprivileged WRITING in YOUR
Possession or control supporting YOUR claim
that the 2185 ESPLANADE REAL ESTATE
CONTRACT is unconscionable,
# Each nonprivileged WRITING in YOU
R Possession or control supporting YOUR
claim
that there was a violation of Business and Prof
essions Code section 17200 committed by WAY
NE
COOK, TRUSTEE for conduct relating to
the FINE $500,000 NOTE,
y Each nomprivileged WRITING in YOUR
possession or control supporting the claim that
WAYNE COOK, TRUSTEE was 2 “debt
collector” as defined 15 U.S.C.A, § 1692a(6)
at any
time after Februa 12, ry
2020.
10 1: Each nonprivileged WRITING in YOUR
possession or control supporting the claim
that
i WAYNE COOK, TRUSTEE was a “credito
r” as defined in 15 U.S.C.A. § 1692a(4) with
respect
3? |] to FINE $500,000 NOTE.
J
13 ach nonprvileged WRITING
| in YOUR possession ot contol supporting te cli
ite
ta
em 4 Iwas YNE COOK, TRUSTEE 's princ
ipal business purpose at any time subsequent
to February 12,
2020 was the collecti of debts
on.
“4 16 14. Bach nonpivieged WRITING in YOUR
postesson or contol ppt te cai ha
Vy WAYNE COOK, TRUSTEE was st
any time subsequent to February 12, 2020
a person who
B regularly collects debtson beha of lf
other s,
19 "JP Bach aonprivleged WRITING
in YOUR possession or control supporting the
lan tat
WAYNE COOK, TRUSTEE took say actio
n at any tiine subsequent to February 12,
2020 with
21 Tespect to the FINE $500,000 NOTE,
other than to seek foreclosure of property pursu
ant to a deed
of trust.
23 76 Gac sovegst WRITNG ia YOUR pono
een can
WAYNE COOK TRUSTEE was at any time subsequent to February 12, 2020
was a “creditor” as
defined in 15 U.S.C.A. § 1602(g).
21, Each nonprivileged WRITING in YOUR
possession or control that Edward P. Niderost
27 did not intend as of February 15, 2020,
to occupy the REAL PROPERTY as his resid
ence.
28 22. Each nonprivileged WRITING in YOUR
possession or control supporting the claim that
NOTICE OF TAKING DEPOSITION ON ORAL EXA
MINATION
1 WAYNE COOK, TRUSTEE
was at any time subsequent to January
1, 2018 was « “creditor” as
2 defined in 12 C.F.R, § 1026.2(a)(17)(i).
3 F. Bach nonprivileged WRITING
in YOUR possession or control supporti
ng the claim that
4 Hine FINE $500,000 DEE
D OF TRUST was a “high cost mortgage
” as defined under 15 U.S.C.
5 §1602(6b\(1)(A))C).
6 4. Bach nonprvileged WRITING in
YOUR possession or control supporting the
clan tht
7 WAYNE COOK. TRUSTEE at any
time subsequent to January 1, 2020, comm
itted any “unfair,
8 deceptive or abusive acts or practice
s” as such terms are used in 12. USC
§ 5536.
9 ~ Bach nonprivileged WRITING in YOUR
possession or control supporting the claim
tha
10 | WAYNE COOK, TRUSTEE at ay
time subsequent to January 1, 2018, soug
ht to obtain »
n | deficiency judgment for the $674,062.39
PROMISSORY NOTE,
12 26. Hach nonprivileged WRITING in
:Esi
YOUR possession or control supporting the
claim that
131 WAYNE COO) IK, TRUSTEE breached
the implied covenant of good faith and
| i.
14)/ respectto the FINE $500,000 DEED
fair dealing with
OF TRUST.
a 15
i
27 Hach nonprivieged WRITING in YOUR posession ot contol auppatin the cam
a
“3. 16]/ WAYNE COOK, TRUSTEE breached the implied covenant of
i
g 17 respectto the FINE $500,000 NOTE,
18 - Each nonpriviteged WRITING. in YOUR
possession or control supporting the claim thet
19 WAYNE COOK, TRUSTEE breached the implied
covenant of good faith and fair dealing with
Tespect to the $674,062.39 PROMISSORY
NOTE.
21 * Bach nouprivileged WRITING in YOUR possession or control supporting
the claim that
WAYNE COOK, TRUSTEE breached the implied covenant of good faith
and fair dealing with
respect to the 2185 ESPLANADE REAL EST
ATE CONTRACT,
jet Bach honprivileged WRITING in YOU
R Possession or control Supporting any dama
ges
claimedin this actiby on
YOU,
¢ Bach WRITING in YOUR possession
or control evidencing: any contract between
27 EDWARD F, NIDEROST, TRUSTEE and
WAYNE A. COOK, TRUSTEE wiich mentions or
28 refers to the REAL PROPERTY.
NOTICE OF TAKING DEPOSITION ON ORAL
EXAMINATION
1 26 tc WRITING ia YOUR peso o tl ekgmy ems rene
2 i EDWARD F. NIDEROST, TRUSTEE and Wayne A Cook which
mentions or refers to the REAL
3] PROPERTY,
4 381 Bach WRITING
in YOUR possession or control evidencing any modif
ication of sxy
5 contract between EDWARD F. NIDEROST, TRUSTE
E and WAYNE A. COOK, TRUSTEE
6 which mentions or refers to the REAL PROPERTY.
Bach WRITING in YOUR possession or control evidencing any modif
ication of any
contract between EDWARD F. NIDEROST, TRUS
TEE and Wayne A. Cook which mentions or
refers to the REAL PROPERTY.
10 : Each WRITING
in YOUR possession or control evidencing any contr
act betwoen
11 Béward F. Niderost and Wayne A. Cook which
mentions or refers to the REAL PROPERTY.
g? 36. Each WRITING in YOUR possession or contr
ol evidencing any contract between
13 Edward F. Niderost and WAYNE A. COOK,
TRUSTEE which mentions or refers to the REAL
ee 14 PROPERTY.
i 15 37 Bach WRITING in YOUR possession or contr
ol evidencing any modification of any
ge 16 contract between Edward F. Niderost and
WAYNE A. COOK, TRUSTEE which mentions or
g 7 tefers to the REAL PROPERTY
18 38. Bach WRITING in YOUR possession o
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Superior Court of California Sara M. Knowles (SBN 216139) County of Butte LELAND, MORRISSEY & KNOWLES LLP 1660 Humboldt Road, Suite 6 1/21/2021 Chico, CA 95928 Telephone: (530) 342-4500 Facsimile: (530) 345-6836 By Electronically FILED Deputy Attomey for Conservator John Denton for Successor Trustee of the Edward F. Niderost Revocable Living Trust Dated November 8, 1998 SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE 10 11 WAYNE A. COOK, TRUSTEE OF THE CASE NO. 20CV00905 12 WAYNE A. COOK 1998 FAMILY TRUST DATED 12/29/98, DECLARATION OF SARA M. KNOWLES IN SUPPORT OF Plaintiff, OPPOSITION TO PLAINTIFF’S 14 MOTION FOR ISSUE SANCTIONS, Vv. EVIDENCE SANCTIONS, AND/OR 15 ORDER DIRECTING JOHN DENTON, EDWARD F. NIDEROST, INDIVIDUALLY SUCCESSOR TRUSTEE TO PRODUCE 16 AND AS TRUSTEE OF THE EDWARD F. DOCUMENTS PROMISED IN JOHN NIDEROST REVOCABLE LIVING TRUST DENTON, SUCCESSOR TRUSTEE’S 17 DATED NOVEMBER 8, 1998, DOES 1 RESPONSE TO DOCUMENT DEMAND THROUGH 10, FOR FAILURE TO COMPLY WITH 18 DISCOVERY ORDER, AND MONETARY Defendants. SANCTIONS 19 Hearing Date: February 3, 2021 20 AND RELATED CROSS-ACTION Time: 9:00 A.M. Dept.: 1 21 Judge: Tamara Mosbarger 22 23 24 25 I, Sara M. Knowles, declare that I am an attorney licensed in the State of Californi a 26 and am a partner in the law firm known as Leland, Morrissey & Knowles, LLP, which Tepresents 27 1 28 DECLARATION OF SARA M. KNOWLES IN SUPPORT OF OPPOSITION TO PLAINTIFF'S MOTION FOR ISSUE SANCTIONS, EVIDENCE SANCTIONS, AND/OR ORDER DIRECTING JOHN DENTON, SUCCESSOR TRUSTEE TO PRODUCE DOCUMENTS PROMISED IN JOHN DENTON, SUCCESSOR TRUSTEE’S RESPONSE TO DOCUMENT DEMAND FOR FAILURE TO COMPLY WITH DISCOVERY ORDER, AND MONETARY SANCTIONS John Denton, the Conservator of Edward F. Niderost and the Successor Trustee of the Edward F. Niderost Revocable Living Trust. If called as a witness to testify, I could and would faithfully and truthfully testify as follows: 1 I prepared and mailed a Production of Documents on December 23, 2020, attached hereto and incorporated herein as Exhibit “A.” 2 At the deposition of John Denton on December 29, 2020, additional documents were produced in response to Plaintiff's requests, amounting to over 300 pages. The Deposition Notice (“Notice”) is attached hereto and incorporated herein by reference as Exhibit “B”. The 9 Notice, at item 64 through 67 are identical to items 17-21 of the Document Production, set three. 10 |; Documents were produced at the deposition of Mr. Denton that were responsive to all aspects of 11 the Document Production Set three as outlined in the pending motion. This occurred one week 12 before this pending motion was filed. 13 3 Counsel for Plaintiff wrote to me on December 22, 2020 threatening a motion and 14 monetary sanctions with no request to meet and confer. A true and correct copy of this 15 correspondence is attached hereto and incorporated herein by reference as Exhibit C”. 16 4 On December 23, 2020, counsel for Plaintiff wrote to me again, threatening a 17 motion to compel and monetary sanctions. I advised him on that date that I would need more 18 than the mere seven days to reply. Counsel for Plaintiff refused. A true and correct copy of this 19 correspondence is attached hereto and incorporated herein by reference as Exhibit “D”. 20 5. On December 24, 2020, counsel for Piaintiff wrote again, asking for further 21 responses within one week. Counsel for Plaintiff was aware, at that time, that I would need more 22 '| than a week (especially during the holidays) to respond. A true and correct copy of this 23 correspondence is attached hereto and incorporated herein by reference as Exhibit “E”. 24 6. In response to Exhibit “E”, I wrote to counsel for Plaintiff on December 24, 2020 25 twice, to address a variety of issues, including the fact that since my client was being deposed 26 that I suggested that he ascertain what, if any additional information was needed. I also indicated 27 2 28 DECLARATION OF SARA M, KNOWLES IN SUPPORT OF OPPOSITION TO PLAINTIFF’S MOTION FOR ISSUE SANCTIONS, EVIDENCE SANCTIONS, AND/OR ORDER DIRECTING JOHN DENTON, SUCCESSOR TRUSTEE TO PRODUCE DOCUMENTS PROMISED IN JOHN DENTON, SUCCESSOR TRUSTEE’S RESPONSE TO DOCUMENT DEMAND FOR FAILURE TO COMPLY WITH { DISCOVERY ORDER, AND MONETARY SANCTIONS to him, again, that ] would need three weeks to respond to his discovery meet and confer letters. A true and correct copy of my December 24, 2020 correspondence is attached hereto and incorporated herein by reference as Fxhibit “F”. 7. The order regarding the motion to compel, referenced above, was not signed by the Court until January 4, 2021. To the extent that counsel for Plaintiff was threatening motions and sanctions prior to this date, such threats were baseless. 8 Plaintiff filed this motion on January 5, 2021, a week after documents were produced with respect to Mr. Denton’s deposition. 9 On January 14, 2021 (which was within the three week period I specified that I 10 would need) I sent multiple e-mails responding to counsel for Plaintiff, Raymond Sandelman 11 indicating ‘that I believe I had satisfied his discovery requests and asking that Mr. Sandelman 12 advice if he disagrees. He did not indicate that he disagreed with the completeness of discovery 13 responses until today, January 21, 2021 — the deadline for an opposition to this motion. I 14 responded to that email, and both are attached hereto and incorporated herein by reference as 15 Exhibit “G”. Included in that response is my reference to Mr. Sandelman’s behavior, today, 16 January 21, 2021 wherein he yelled at me and his client at separate occasions during a 17 | deposition. Such behavior is abusive. 18 10. Also on January 14, 2021, I sent an e-mail to all parties with a Bates Stamped 19 version of the documents previously produced, attached hereto and incorporated herein as 20 Exhibit “H.” Given the volume of the documents and the fact that the documents contain private 21 information of one of the parties, the documents are not attached. 22 11. Also on January 14, 2021, I sent an email to all parties outlining the identification 23 of which numbered Bates Stamped dccuments were responsive to which discovery requests. This 24 e-mail is attached hereto and incorporated herein as Exhibit “I.” 25 12, On January 15, 2021, I again outlined which of the Bates stamped documents 26 were responsive to which discovery requests more formally in the following four documents: 27 3 28 DECLARATION OF SARA M. KNOWLES IN SUPPORT OF OPPOSITION TO PLAINTIFF'S MOTION FOR ISSUE SANCTIONS, EVIDENCE SANCTIONS, AND/OR ORDER DIRECTING JOHN DENTON, SUCCESSOR TRUSTEE TO PRODUCE DOCUMENTS PROMISED IN JOHN DENTON, SUCCESSOR TRUSTEE’S RESPONSE TO DOCUMENT DEMAND FOR FAILURE TO COMPLY WITH DISCOVERY ORDER, AND MONETARY SANCTIONS Identification of Documents Responsive to Demand For Production Of Documents Set One (attached hereto as Exhibit “J”); Identification of Documents Responsive to Amended Demand for Production of Documents Set One — Amended (attached hereto as Exhibit “K”); Identification of Documents Responsive to Amended Demand for Production of Documents, Set No. Two (attached hereto as Exhibit “L”); Identification of Documents Responsive to Demand for Production of Documents, Set No. Three (attached hereto as Exhibit “M”). These four documents were sent to all parties by e-mail on January 15, 2021. I then caused these four documents to be sent by U.S, Mail with verification signed by John Denton to all parties on January 18, 2021. I did this in an effort to be as clear as possible. 10 13. My dealings with Mr. Sandelman in this case have been extremely strained. He 11 has refused to grant me extensions to deadlines for discovery or for other matters. This stems 12 from an occurrence early in this case in which he missed the deadline to file a demurrer. He 13 requested, AFTER the deadline to file the demurrer had passed, for an extension. I refused his 14 request and since that time he has refused to provide any extensions to me when I was suspected 15 of having COVID-19, or for any other reason. He has similarly refused to provide me with a 16 reasonable period of time to respond to any meet and confer letters. As referenced above, he has 17 engaged in bullying and abusive tactics in today’s deposition and has done so in my client’s 18 deposition which was taken on December 29, 2020. 19 I declare under penalty of perjury under the laws of the State of California that the 20 foregoing is true and correct. Executed this 21" day of January, 2021 at Chico, California. 21 22 23 AL Yor ara Knowles 24 25 26 27 4 28 DECLARATION OF SARA M. KNOWLES IN SUPPORT OF OPPOSITION TO PLAINTIFF'S MOTION FOR ISSUE SANCTIONS, EVIDENCE SANCTIONS, AND/OR ORDER DIRECTING JOHN DENTON, SUCCESSOR TRUSTEE TO PRODUCE DOCUMENTS PROMISED IN JOHN DENTON, SUCCESSOR TRUSTEE’S RESPONSE TO DOCUMENT DEMAND FOR FAILURE TO COMPLY WITH DISCOVERY ORDER, AND MONETARY SANCTIONS, EXHIBIT “A” Sara M. Knowles (SBN 216139) LELAND, MORRISSEY & KNOWLES tip 1660 Humboldt Road, Suite 6 Chico, CA 95928 Telephone: (530) 342-4500 Facsimile: (530) 345-6836 Attomey for Conservator John Denton for the Estate of Edward F. Niderost and Successor Trustee for the Edward F Niderost, Niderost Revocable Living Trust Dated November 8, 1998 SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE 10 WAYNE A. COOK; TRUSTEE OF THE CASE NO. 20CV00905 11 WAYNE A. COOK 1998 FAMILY TRUST DATED 12/29/98 PRODUCTION OF DOCUMENTS 12 Plaintiff, 13 Vv, 14 EDWARD F. NIDEROST, INDIVIDUALLY 15 AND AS TRUSTEE OF THE EDWARD F. NIDEROST REVOCABLE LIVING TRUST 16 DATED NOVEMBER 8, 1998, DOES 1 THROUGH 10, 17 Defendants. 18 _ RELATED CROSS-ACTION 19 “s = saci ee 20 21 PROPOUNDING PARTY: Wayne A. Cook, 22 RESPONDING PARTY: John Denton, Conservator of the Estate of Edward F 23 Niderost 24 SET NUMBER: ONE 25 Responding Party, pursuant to the provisions of Section 2031.020, et seq., of the 26 California Code of Civil Procedure, hereby responds to Wayne A. Cook; Trustee Of The Wayne 27 | A. Cook 1998 Family Trust Dated 12/29/98's Demand for Production of Document s, Set No. 28 | One, as follows: 1 PRODUCTION OF DOCUMENTS, SET NO. ONE Responding Party is pursuing its investigation and analysis of the facts and law telating to this case and has not completed its discovery or preparation for trial. Therefore, the responses set forth herein are given without prejudice to Responding Party’s right to produce any subsequently discovered facts or to add, modify, or otherwise change or amend the responses herein, The information hereinafter set forth is true and correct to the best knowledge of Responding Party as of this date, and is subject to correction for inadvertent errors, mistakes or omissions, These responses are based on information presently available to Responding Party. Responding Party reserves the right to use at trial or deposition or in support of or in 9 opposition to any motion any and all evidence heretofore or hereafter produced by parties in this 10 action or by third persons. To the extent that Responding Party identifies certain writings or 11 delineates any facts, it does so without prejudice to establish at a later date any additiona l facts 12 that may be contained within or discovered as a result of any subsequently-discovered facts or 13 any additional investigation and discovery. 14 Inadvertent production of privileged information by Responding Party is not a waiver of 18 any applicable privilege. Production of any evidence or information does not waive any trial 16 objection, including but not limited to, relevancy and/or to the admission of such informat ion in 17 evidence, 18 19 | 20 | LELAND, MORRISSEY & KNOWLES tip 21 | a i| Dated:2¢42.2 , 2020 Sara M. Knowles 23 Attorney for Conservator John Denton of the estate of Edward F. Niderost and Successor Trustee of the 24 Edward F. Niderost Revocable Living Trust Dated November 8, 1998 25 26 27 28 2 PRODUCTION OF DOCUMENTS, SET NO. ONE VERIFICATION 1, John Denton, am the Conservator of the Estate of Edward F, Niderost in this proceeding. T have read the Response to Demand for Production of Documenty, Set No. One and verify the contents thereof. T have personal knowledge of the facts therein ulleged, except as to those facts alleged on information and belief and, as to such facts, I believe them to be true. I declare under the penalty of perjury under the laws of the State of California that the foregving is true and correct. 10 Execu tis ted 3" day of December, 2020 at Chico, California, 12 Le J Denton 13 14 16 16 7 8 2 23 24 26 27 4 "RESPON TO DEMAND FOR PRODUCTION OF DOCUMENTS, SET NO. ORE a EXHIBIT “B” Raymond L. Sandeman SBN 078020 Attorn atey Law 196 Coha Roa s d,sSuit eet225 Chico, CA 95926-2284 (530) 343-5090 / (530) 343-50 91 (Fax) il:Ray Ww .COm Attorn for ey Wayne A. Cook, individually And as Trustes of The Wayne A. Cook 1993 Fam Trusi t Date ldy 12/29, SUPERIOR COURT OF THE STA TE OF CALIFORNIA IN AND FOR THE COUNTY OF BUT TE il 12 WAYNE A. COOK, TRUSTEE OF THE NO.: 20CVo0905 13 WAYNE A, COOK 1998 FAMILY TRUST DATED 12/29/98, 14 NOTICE OF TAKING DEPOSITION JOHN OF DENTON, TRUSTER OF Plaintiff, 5 EDWARD F. ND EROST REVOCA 16 LIVING TRUST DATED NOVEMBER BLE Vs. 8, 1998 AND CONSER' ‘VATOR OF THE ESTATE OF 17 EDWARD F, NIDEROST, et EDWARD F NIDEROST al., ON ORAL EXAMINATION 18 Defendants. 19 / AND RELATED CROSS COMPLAINT S. 21 / TO THE PARTIES HEREIN AND TO THEIR ATTORNEYS: PLEASE TAKE NOTICE that, pur suantto Code of Civil Procedure section 2025.010 et seq., Wayne A: Cook, Trustee will ake the deposition of John Denton, Successor Trustee of The Edward F. Niderost Revocable Liv ing Trust Dated November 8, 1998, and Conservatorof the Estate of Edward F, Niderost, whose addr ess is 317 East Avenue, Chico, CA 95928, on oral examination NOTICE OF TAKING DEPOSITION ON ORAL RAGNATION on December 15, 2020 at 9:00 a.m. The deposition will be taken at the offic e of Duensing Deposition Reporters, 2840 Cohasset Rd, Chico, CA 95973 (530) 345-2488. ‘The witness and Counsel can participate via remote video conferencing (a Tink will be emailed to counsel forall Parties). Pursuant to Judicial Council Emergency Rule 11 the witness is not requied tobe present With the deposition officer at the time of the deposition, The deposition shall be taken before an officer who is authorized to administ er an oath. If the deposition is not completed on the date set forth above, the taking of the depositi willonbe continued from day to day thereafter except for Sundays and ho! lidays, at the same place until Compicted oF until the seven hours of test imony limi, or sny longer agreed upon time limit, bas 10 been reached. i The deponent is being asked to prod uce documents described below at the time of the g 2 “epostion. All documents including elec tronically stored information shouldbe sé produced 28 paper 13 printouts (hard copies), oF uploaded as a single PDF at the beginning of the depos ition (or eattier) 14 i Fis S15 DEFINITIONS “fi B17 For purposes of the deposition, the term “EEDDWARD F. NID s used herein are defined as follows EROST, TRUSTEE’ means Edward F, Nide rost in his capacity as 18 trustee. of The Edward F. Niderost Revocable Living Trust Dated November & 1998. 19 “FINANCIAL ACCOUNT" means a bank account, checking account, savings acco unt, money market account, or cred union it account in YOUR own name or jointly with another 21 "FINE $500,000 NOTE” means a promisso ry note dated February 18, 2020 in the amount of $500,000 a copy of is attached hereto marked Exhibit 1. “FINE $500,000 DEED OF TRUST” means the deed of trust recorded on Febr uary 28, 2020 in the Official “Recards of the Coun ty of Butte as. Document No, 2020-0009600 ", a copy of which is attached. hereto marked Exhibit 2. “LACK OF CAPACITY TO MAKE A DECISION” means 2 lack of thein capacity g to 27 make a decision as defined in Prob. Code, § 811. 28 “MAGALIA PROPERTY” shall Tefer to the real property commonly known as 14174 NOTICE GF TAKING DEPOSHTION ON ORAL EEAMIGATION Racine Circle, Magalia, California. “REAL PROPERTY" means the real property commonly known as 2185 Esplanade, Chico, ‘Butte County, California. “RV” shall refer to the subject personal Property known as a 2011 Fleetw ood Southwind, VIN 1F66F5DY1B0A03212. “TRUCK” shall refer to the subject personal property known as a 2011 Toyota truck, “WAYNE COOK, TRUSTEE” meens Wayne A. Cook, Trustee of The Wayne A. Cook 1998 Family Trust Dated 12/29/98. “WRITING” is used as such term is defined in Evidence Code section 250, and means 10 handwriting, typewriting, printing, photostating, photographing, Photocopying, transmi tting by it electronic mail or facsimile, and every other means of recording upon.a ny tangible thing, any form 3? of communication or representation, including letters, words, pictures, sounds, or symbols, ot a 13 combinations thereof, and any record thereby created, regardl ess of the manner in which the record ou has been stored. i #16215 “YOU” and “YOUR” means John Denton, successor trustee of The Edward F, Niderost “a Revocable Living Trast Dated November 8, 1998 and/or Conservator § 17 Niderost. of the Estate of Edward F. 18 “2185 ESPLANADE REAL ESTATE:CONTRACT” means the real estate contract a copy 19 of which is attached hereto marked Exhibit 3. “$674,062.39 PROMISSORY NOTE” means the promissory note a copy of which is 21 }| attached hereto marked Exhibit 4. DESIGNATION OF DOCUMENTS TO BE PRODUCED AT THE DEPOSITON 1, Each nonprivileged WRITING in YOUR possession or control evidencing any act of 25 undue influe as nce defined in Welfare & Institut Codeions section 15610.70 YOU contend was committed by Wayne Cook as to EDWARD F. NIDEROST, TRUSTEE. 27 2. Bach nonprivileged WRITING ia YOUR possession or control evidencing any act of 28 undue influence as defined in Welfare & Institutions Code section 15610.70 YOU contend was 3 NOTICE OF TAKING DEPOSITION ON ORAL EXAMINATION 1| committed by WAYNE COOK, TRUSTEE as to EDW ARD F. NIDEROST, TRUSTEE, 2 _.- 3.“Bach nonprivileged WRITING in YOUR Posse ssion or control evidencing any act of 3 Undue influence as defined in Welfare & Institutions Code section 15610.70 YOU contend was 4/| committed by Wayne Cook as to Edward F. Nider ost, 5 -~4- Each’ nonprivileged WRITING in YOUR possession or control evidencing any act of 7 undue influence as defined in Welfare & Institutio ns Code section 15610,70 YOU contend wes 7 | committed by WAYNE COOK, TRUSTER as to Edwar d F. Niderost, “3*Bach nonprivileged WRITING in YOUR possession or control evidencing any act of undue influence as defined in Welfare & Institutions Code section 15610.70 YOU contend was 10 comunitted by any agent of Matthew N. Fine, MD 401K Plan as to Edward F, Niderost. 1 6. Bach nonptivileged WRITING in YOUR possession or control evidencing any act of 3? undue influence as defined in Welfare & Instit utions Code section 15610.70 YOU contend wes 13 comm by anyit agent te of Matth d ew N. Fine, MD 401K Flan as to EDWARD F. NIDEROST, 14 TRUSTEE. “E §Bi17 “ny 8 is 7/ Bach nonprivileged WRITING in YOUR possession or control supporting the claim that N. Fine, MD 401K Plan was a “debt collector” as defined 15 U.S.C.A. § 16922 (6). } Each nonprivileged WRITING in YOUR possession or contro! supporting the claim that 18 the Matthew N. Fine, MD 401K Plan was a “credi tor” as defined in 15 U.S.C.A. § 1692a(4) with 19 respect to FINE $500,0NOTE. 00 Fach nonpriviteged WRITING in YOUR possession or control supporting the claim tht 21 the Matthew N. Fine, MD 401K Plan's principal business purpose at any time subsequent to January 1, 2018 was the collection of debts. 10; Each nonprivileged WRITING in YOUR possession or contro! supporting the claim that the Matthew N. Fine, MD 401K Plan was at any time subsequent to January 1, 2018 a person who regularly collects debts on beha of lf others, 1 Bach nonprivileged WRITING in YOUR possession or contro l supporting YOUR claim 27 that the FINE $500,000 DEED OF TRUST is unconscionable. 12. Each nonprivileged WRITING. in YOUR possession or control supportin YOUR g claim 4 NOTICE OF TAKING DEPOSITION ON ORAL EXAMINATION ; moe 062.39 PROMISSORY NOTE is unconsci onable, Each nonprivileged WRITING in YOUR Possession or control supporting YOUR claim that the 2185 ESPLANADE REAL ESTATE CONTRACT is unconscionable, # Each nonprivileged WRITING in YOU R Possession or control supporting YOUR claim that there was a violation of Business and Prof essions Code section 17200 committed by WAY NE COOK, TRUSTEE for conduct relating to the FINE $500,000 NOTE, y Each nomprivileged WRITING in YOUR possession or control supporting the claim that WAYNE COOK, TRUSTEE was 2 “debt collector” as defined 15 U.S.C.A, § 1692a(6) at any time after Februa 12, ry 2020. 10 1: Each nonprivileged WRITING in YOUR possession or control supporting the claim that i WAYNE COOK, TRUSTEE was a “credito r” as defined in 15 U.S.C.A. § 1692a(4) with respect 3? |] to FINE $500,000 NOTE. J 13 ach nonprvileged WRITING | in YOUR possession ot contol supporting te cli ite ta em 4 Iwas YNE COOK, TRUSTEE 's princ ipal business purpose at any time subsequent to February 12, 2020 was the collecti of debts on. “4 16 14. Bach nonpivieged WRITING in YOUR postesson or contol ppt te cai ha Vy WAYNE COOK, TRUSTEE was st any time subsequent to February 12, 2020 a person who B regularly collects debtson beha of lf other s, 19 "JP Bach aonprivleged WRITING in YOUR possession or control supporting the lan tat WAYNE COOK, TRUSTEE took say actio n at any tiine subsequent to February 12, 2020 with 21 Tespect to the FINE $500,000 NOTE, other than to seek foreclosure of property pursu ant to a deed of trust. 23 76 Gac sovegst WRITNG ia YOUR pono een can WAYNE COOK TRUSTEE was at any time subsequent to February 12, 2020 was a “creditor” as defined in 15 U.S.C.A. § 1602(g). 21, Each nonprivileged WRITING in YOUR possession or control that Edward P. Niderost 27 did not intend as of February 15, 2020, to occupy the REAL PROPERTY as his resid ence. 28 22. Each nonprivileged WRITING in YOUR possession or control supporting the claim that NOTICE OF TAKING DEPOSITION ON ORAL EXA MINATION 1 WAYNE COOK, TRUSTEE was at any time subsequent to January 1, 2018 was « “creditor” as 2 defined in 12 C.F.R, § 1026.2(a)(17)(i). 3 F. Bach nonprivileged WRITING in YOUR possession or control supporti ng the claim that 4 Hine FINE $500,000 DEE D OF TRUST was a “high cost mortgage ” as defined under 15 U.S.C. 5 §1602(6b\(1)(A))C). 6 4. Bach nonprvileged WRITING in YOUR possession or control supporting the clan tht 7 WAYNE COOK. TRUSTEE at any time subsequent to January 1, 2020, comm itted any “unfair, 8 deceptive or abusive acts or practice s” as such terms are used in 12. USC § 5536. 9 ~ Bach nonprivileged WRITING in YOUR possession or control supporting the claim tha 10 | WAYNE COOK, TRUSTEE at ay time subsequent to January 1, 2018, soug ht to obtain » n | deficiency judgment for the $674,062.39 PROMISSORY NOTE, 12 26. Hach nonprivileged WRITING in :Esi YOUR possession or control supporting the claim that 131 WAYNE COO) IK, TRUSTEE breached the implied covenant of good faith and | i. 14)/ respectto the FINE $500,000 DEED fair dealing with OF TRUST. a 15 i 27 Hach nonprivieged WRITING in YOUR posession ot contol auppatin the cam a “3. 16]/ WAYNE COOK, TRUSTEE breached the implied covenant of i g 17 respectto the FINE $500,000 NOTE, 18 - Each nonpriviteged WRITING. in YOUR possession or control supporting the claim thet 19 WAYNE COOK, TRUSTEE breached the implied covenant of good faith and fair dealing with Tespect to the $674,062.39 PROMISSORY NOTE. 21 * Bach nouprivileged WRITING in YOUR possession or control supporting the claim that WAYNE COOK, TRUSTEE breached the implied covenant of good faith and fair dealing with respect to the 2185 ESPLANADE REAL EST ATE CONTRACT, jet Bach honprivileged WRITING in YOU R Possession or control Supporting any dama ges claimedin this actiby on YOU, ¢ Bach WRITING in YOUR possession or control evidencing: any contract between 27 EDWARD F, NIDEROST, TRUSTEE and WAYNE A. COOK, TRUSTEE wiich mentions or 28 refers to the REAL PROPERTY. NOTICE OF TAKING DEPOSITION ON ORAL EXAMINATION 1 26 tc WRITING ia YOUR peso o tl ekgmy ems rene 2 i EDWARD F. NIDEROST, TRUSTEE and Wayne A Cook which mentions or refers to the REAL 3] PROPERTY, 4 381 Bach WRITING in YOUR possession or control evidencing any modif ication of sxy 5 contract between EDWARD F. NIDEROST, TRUSTE E and WAYNE A. COOK, TRUSTEE 6 which mentions or refers to the REAL PROPERTY. Bach WRITING in YOUR possession or control evidencing any modif ication of any contract between EDWARD F. NIDEROST, TRUS TEE and Wayne A. Cook which mentions or refers to the REAL PROPERTY. 10 : Each WRITING in YOUR possession or control evidencing any contr act betwoen 11 Béward F. Niderost and Wayne A. Cook which mentions or refers to the REAL PROPERTY. g? 36. Each WRITING in YOUR possession or contr ol evidencing any contract between 13 Edward F. Niderost and WAYNE A. COOK, TRUSTEE which mentions or refers to the REAL ee 14 PROPERTY. i 15 37 Bach WRITING in YOUR possession or contr ol evidencing any modification of any ge 16 contract between Edward F. Niderost and WAYNE A. COOK, TRUSTEE which mentions or g 7 tefers to the REAL PROPERTY 18 38. Bach WRITING in YOUR possession o