Order: 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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                                Superior Court of California, County of Butte
                                                  Minute Order


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                          20CV00905
Niderost Revocable Living Trust Dated November 8, 1998

Hearing Type:      Motion hearings - Predispo
                   Cross-Defendant Gene Culley's Motion to Compel Cross-Complainant Edward F Niderost
                   Individually and as Trustee to Respond to Request for Inspection of Documents and Award
                   Monetary Sanctions
Hearing Date:      October 28, 2020 at 9:00 AM                   Location:             NC-3; Department 1 -
                                                                                       Tamara L. Mosbarger
Heard by:          Hon. Tamara L. Mosbarger, Judge               Courtroom Clerk: Jordan Howell
Court Reporter:    N/A                                           Court Interpreter: N/A

Appearances:
Wayne Cook, Cross Defendant, not present
Gene Culley, Cross Defendant, not present                 David Griffith, Attorney, present by Jameson
                                                          Sheehan via CourtCall
Mid Valley Title and Escrow Company, Cross
Defendant, not present
Lawrence Patterson, Cross Defendant, not present          Larry Lushanko, Retained Counsel, present via
                                                          CourtCall
Wayne A Cook, Trustee of the Wayne A. Cook 1998
Family Trust Dated 12/, Cross Defendant, not present
Edward f Niderost, Individually and as Trustee of the     Sara Knowles, Retained Counsel, present via
Edward F Niderost Revocable Living Trust Dated            CourtCall
November 8, 1998, Defendant, Cross Complainant,
not present
Wayne A Cook, Trustee of the Wayne A. Cook 1998           Raymond Sandelman, Retained Counsel, present via
Family Trust Dated 12/29/98, Plaintiff, Cross             CourtCall
Defendant, not present

Proceedings:
- The Court indicates the nature of the proceedings.

The Court states it received no calls for oral argument as to the tentative ruling and that the Case Management
Conference scheduled for 10:30 AM today was advanced to the 9:00 AM Law and Motion calendar.

The Court confirms trial length estimates with parties.

The Court states it is aware of Mr. Lushanko's intent on a Jury Trial.

The Court informs the parties regarding in-custody criminal Jury Trials taking precedent over civil matters and
the current difficulties scheduling jury trials.

Mr. Sandelman states that if Mr. Lushanko is inclined to have a Jury Trial the Court should provide dates if
possible. Mr. Sandelman further states his intent on filing a Motion for Preference to include a request for
bifurcation.
20CV00905                                          Minute Order                                        Page 1 of 2
Ms. Knowles states her preference for a Court Trial and confirms that a five day estimate is appropriate.

Mr. Lushanko requests the Court set this matter out for further Case Management Conference so that he may
meet and confer with his client regarding a potential waiver of Jury Trial.

The matter is continued for further Case Management Conference for status of trial setting. Parties are not
required to file further Case Management Statements.

Mr. Sandelman requests the Case Management Conference be set further out into early December to allow
time to file plaintiff's Motion for Preference.

There are no objections from the parties.

Pursuant to the agreement of the parties, the Case Management Conference is continued to December 16,
2020 at 10:30 AM.

Parties are directed to meet and confer regarding possible Court Trial dates.

Notice waived.

The tentative ruling is adopted as follows:
With regard to Cross-Defendant Culley's motion to compel response to discovery, the motion is denied as
moot since responses were provided on October 15, 2020. The request for sanctions is granted in the amount
of $1,000.00. Cross-Complainant shall prepare the form of Order. With regard to Plaintiff's motion for an Order
directing the Sheriff to serve a deposition subpoena on Mr. Niderost, the motion is denied. The Court is inclined
to grant the application for appointment of a guardian ad litem for Mr. Niderost and will appoint Mr. Erwin
Williams as Guardian Ad Litem for Edward F. Niderost. Mr. Williams is directed to work with Plaintiff's counsel
to set a deposition regarding Mr. Niderost. The case management conference set for 10:30 a.m. is advanced
to 9:00 a.m., to trail the law and motion hearings. Counsel are directed to appear by Courtcall for this purpose.
Any party desiring oral argument on the Court's tentative ruling shall follow the procedure in Local Rule 2.9 and
Ca. Rules of Court, Rule 3.1308.

Following the matter being called, the Court directs the clerk to mail counsel the trial setting cart for 2021.

Calendar Settings:
December 16, 2020 9:00 AM Law & Motion
Mosbarger, Tamara L
NC-3
Department 1 - Tamara L. Mosbarger




20CV00905                                           Minute Order                                           Page 2 of 2