Motion-Secondary: Wayne A Cook, Trustee of the Wayne A Cook 1998 Family Trust Dated 12/29/98 vs Edward f Niderost, Individually and as Trustee of the Edward F Niderost Revocable Living Trust Dated November 8, 1998

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                                1    Sara M. Knowles (SBN 216139)
                       LELAND, MORRISSEY & KNOWLES LLP
                  2    1660 Humboldt Road, Suite 6                                                             9/23/2020
                       Chico, CA     95928
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                       Telephone:     (530) 342-4500
                  4    Facsimile:     (530) 345-6836

                  5    Attorney for Conservator John Denton for Defendant and
                       Cross-Complainant Edward F. Niderost, Individually and as
                  6    Trustee of the Edward F. Niderost Revocable Living Trust
                       Dated November 8, 1998
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                  8                                     SUPERIOR COURT OF CALIFORNIA,
                  9                                                 COUNTY OF BUTTE
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                                                                                    CASE NO. 20CV00905
                11     WAYNE A. COOK, TRUSTEE OF THE                             )
                       WAYNE A. COOK 1998 FAMILY TRUST                           )  DECLARATION OF JOHN DENTON IN
                12     DATED 12/29/98,                                           )  SUPPORT OF EX PARTE
                                                                                 )  APPLICATION FOR COURT ORDER
                13                       Plaintiff,                              )  REGARDING APPOINTMENT OF
                                                                                 )  GUARDIAN AD LITEM
                14     v.                                                        )
                                                                                 )
                15     EDWARD F. NIDEROST, INDIVIDUALLY                          )
                       AND AS TRUSTEE OF THE EDWARD F.                           )  Hearing Date:     September 24, 2020
                16     NIDEROST REVOCABLE LIVING TRUST                           )  Time:             4:00p .m.
                       DATED NOVEMBER 8, 1998, DOES 1                            )  Dept.:            TBD
                17     THROUGH 10,                                               )  Judge:            Tamara L. Mosbarger
                                                                                 )
                18                       Defendants.                             )
                                                                                 )
                19     AND RELATED CROSS-ACTION                                  )
                       ______________________________________ )
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                21                 I, John Denton, declare as follows:
                22                 1.    I was appointed the conservator of the estate of Edward F. Niderost and the
                23     successor trustee of the Edward F. Niderost Revocable Living Trust dated November 8, 1998.
                24                 2.    The conservatee, Edward F. Niderost, is a longtime friend of mine.                He currently is
                25     not well, and has not been well for some time.           He is easily confused and does not appear to be
                26     competent to make decisions for himself.           This is why I sought to be appointed as the conservator
                27     of his estate.
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                       ______________________________________________________________________________________________
                           DECLARATION OF JOHN DENTON IN SUPPORT OF EX PARTE APPLICATION FOR COURT ORDER REGARDING APPOINTMENT OF
                                                                         GUARDIAN AD LITEM
                  1                3.    Currently, Mr. Niderost has a bladder infection.           He is also scheduled to have
                  2    surgery on September 30, 2020 on his right shoulder.             He is in a great deal of pain and has not
                  3    been sleeping at night.
                  4                4.    Mr. Niderost is not of sound mind, and his mental condition (as well as his health)
                  5    continues to decline.     He is not capable of sitting in a deposition, but perhaps more importantly he
                  6    needs his own attorney to defend and protect him if a deposition should occur.
                  7                5.    If a deposition of Mr. Niderost was to proceed, Mr. Niderost could be irrevocably
                  8    and irreparably harmed because he cannot clearly recall details or facts of things that have
                  9    happened in the past and often replies in a manner in which he thinks that he “should” respond
                10     instead of stating what actually occurred.         He is impaired and cannot give clear testimony,
                11     especially in the absence of an attorney.
                12                 6.    I request that the Court appoint a guardian ad litem for Mr. Niderost, and that the
                13     Court order that any depositions in this matter be stayed until Mr. Niderost’s guardian ad litem is
                14     up to speed in this matter.
                15                 I declare under penalty of perjury under the laws of the State of California that the
                16     foregoing is true and correct. Executed this ___ day of September, 2020 at Chico, California.
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                                                                             __________________________________
                18                                                           John Denton
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                       ______________________________________________________________________________________________
                           DECLARATION OF JOHN DENTON IN SUPPORT OF EX PARTE APPLICATION FOR COURT ORDER REGARDING APPOINTMENT OF
                                                                         GUARDIAN AD LITEM