Preview
Superior Court of California
Raymond L. Sandelman SBN 078020 County of Butte
Attorney at Law
196 Cohasset Road, Suite 225 12/8/2020
Chico, CA 95926-2284 E
(530) 343-5090 / (530) 343-5091 (FAX) D Flener,
Email:Raymond@sandelmanlaw.com By Deputy
Sctronicé FILED
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
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, DECLARATION OF RAYMOND L
12
Plaintiff, SANDELMAN RE: TRIAL AVAILABILITY
13
Hearing Date: 12/16/2020
14 Hearing Time: 9:00 a.m.
Department: 1
15
EDWARD F. NIDEROST, et. al., Judge: Tamara Mosbarger
16 Date of Complaint: 4/22/2020
Defendants. Trial Date: None Set
17
/
18
AND RELATED CROSS COMPLAINTS
19
/
20
21 I, Raymond L. Sandelman, declare:
22 1. I am an attorney licensed to practice in all California State Courts and the attorney for
23 Plaintiff Wayne A. Cook, Trustee of The Wayne A. Cook 1998 Family Trust Dated 12/29/98.
24 2. I did a search to determine Sara Knowles true availability for trial. She has court hearings
25 as follows: 2/2/2021 conservatorship six month review, 2/9/2021 marital dissolution review hearing,
26 2/10/2021 case management conference, 3/17/2021 trial readiness conference, and 3/22/2021 court
27 trial (See the attached Exhibit 1). She advised me that she want to show her horses from February
28 11 to 22, 2021 (See the attached Exhibit 2). I am at a loss to understand Ms. Knowles’ claim of
DECLARATION OF RAYMOND L. SANDELMAN
unavailability on all days other than March 15-19, March 29-April 2, April 5-9, and April 12-16,
2021.
3. I think that Mr. Cook’s need for a trial date (he is dying) is more important than counsel’s
desire to show horses.
4. As of December 8, 2020 here are dates that I have other court appearances:
January 6 (p.m.), 13 (a.m.), 15 (p.m.), 20 (a.m.), February 3 (a.m.), 16 (a.m.), 22-26,
March 2 (a.m.), 15 (p.m.), 23 (a.m.), 24 (a.m.), 29, 30, April 7 (a.m.), 12, 15, 19-23, 26-29, June
7, 8, 14, 15, 28, and 29, 2021. I believe that I need to give priority to this case over those other
court hearings.
10 I declare under penalty of perjury under the laws of the State of California that the foregoing
il is true and correct.
12
13
ao
ae
sé 14 Dated: Dyeeahe, A20620
IS
Se
és
oa Raymond L. Sandelman
Sent: Wednesday, November 25, 2020 10:40 AM
To: Raymond L. Sandelman
Ce: david @davidgriffithlaw.com; ‘Jameson Sheehan’; office@lushankolaw.com; Sarah
Vercruysse
Subject: RE: Cook v. Niderost
Categories: Printed
Ray —
| will ascertain if my client is available the last week in December for his deposition and forego a portion of my planned
vacation. Will that be agreeable with you?
am not Mr. Niderost’s counsel. | suggest you confer with Mr. Williams regarding that deposition date. Even though I
have an obligation on that date (work commitment), | do not see that as a basis for me to request that the deposition be
rescheduled since | am neither taking nor defending that deposition.
| have a motion for summary adjudication pending— with a reply due Dec. 18 and hearing on Dec. 23.
| have calendared today as the due date for the opposition to the motions. As you likely have anticipated, | will be
asking for leave to amend with respect to certain causes of action.
With respect to trial availability — | bred and show arab (and half arab) horses. There is a horse show in Arizona in
February which is one of the largest (and probably the most prominent) in the US. There are two other horse show that
are nearly as important one just occurred in the last half of October in Tulsa, OK and the other occurs in Canada. This
particular event is known as the “Super Bowl of Arabs”. There will be about 2250 horses at the event.. Horses are
bought, sold and shown at this event. The value of my horses (and their future offspring) who compete is dictated, in
large part, by their performance at this show. Horses of this nature can be sold for hundreds of thousands of
dollars. The event officially starts February 11 but horses have to be hauled to the event, and allowed to rest for a
minimum of 4-5 days prior to the event. Hauling to Arizona will take a minimum of two days. Prior (1-4 days ) to hauling
horses are subjected to testing (in order to cross state lines) and have medical injections into their hocks to prepare
them for travel and competition. This means that at least 8 days prior to the event | am engaged with taking care of
these tasks and ensuring the welfare of these horses. | am currently slated to take approximately 6-8 horses to this
show. | have a substantial investment into this endeavor and into my horses. This is an event that | have been planning
to participate in for well over a year. | have blocked out the first three weeks in February so that | can participate in this
event, and make all the necessary arrangements for the horses in my car. This is not just a past-time, | have spent a
substantial sum of money on my horse property, purchasing my horses, | pay for routine training and care. The future of
my horse breeding and show horse program is dependent on this show (and the other two mentioned) and it’s not
something | can just reschedule or not attend. In addition, | will not and do not risk the safety of my horses to
outsiders. (Plus, paying someone to haul your horses is very expensive — about $1,000 per horse one way). You can
find out more information about the event at http://www.scottsdaleshow.com/
This is probably more than you every wanted to know about horses — but if you doubt my story | welcome you to
schedule a visit at my 36 stall horse barn located at 8075 County Road 29, Glenn, Ca ~ you are welcomed to meet the 19
horses at my facility.
EXHISIT. aX
PROOF OF SERVICE
I, Wendy Hoy, declare as follows:
Iam employed in 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 December & , 2020, I served copies of the Declaration
of Raymond L. Sandelman Re: Trial Availability on the following person(s) at the following
address(s), in the manner indicated below:
David R. Griffith, Esq. Sara M. Knowles, Esq.
Jameson E.P. Sheehan, Esq. Leland, Morrissey & Knowles LLP
Griffith Horn & Sheehan, LLP 1660 Humboldt Road, Suite 6
1530 Humboldt Road, Suite 3 Chico, CA 95928
Chico, CA 95928
10
il Larry Gene Lushanko
Law Office of Larry G. Lushanko
12 1241 E Mission Rd.
Fallbrook, CA 92028
13
ae
ag
sé
oF 14
BY UNITED STATES MAIL enclosed the documents in a sealed envelope or package
2&8
225
15
Xx
o¢
Eee
addressed to the persons at the addresses shown above and placed the envelope for collection
Seanas
Ras and mailing, following our ordinary business practices. I am readily familiar with this
i828 16
Ze
gZe> business's practice for collecting and processing correspondence for mailing, it is deposited in the
§2Lag
E< sa 17 ordinary course of business with the United States Postal Service, in a sealed envelope with postage
Zo fully prepaid. I am employed in the county where the mailing occurred. The envelope or package
ga
18 was placed in the mail at Chico, CA.
5S
BS
19
BY TRANSMITTING THE DOCUMENT(S) ELECTRONICALLY via the following
20 email addresses: david@davidgriffithlaw.com; jameson@griffithandhorn.com;
sknowles@chicolawyer.com; office@lushankolaw.com.
21
22 I certify under penalty of perjury that the foregoing is true and correct, and this declaration
of service was executed on December _ > 2020 at Chico, California.
23
24 I [nw
25 Wendy Hoy
26
27
28
m:\orig_data\work\client directories\cook, wayne 1814\rlsdec 1208.docx
PROOF OF SERVICE
Preview
Superior Court of California Raymond L. Sandelman SBN 078020 County of Butte Attorney at Law 196 Cohasset Road, Suite 225 12/8/2020 Chico, CA 95926-2284 E (530) 343-5090 / (530) 343-5091 (FAX) D Flener, Email:Raymond@sandelmanlaw.com By Deputy Sctronicé FILED 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 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, DECLARATION OF RAYMOND L 12 Plaintiff, SANDELMAN RE: TRIAL AVAILABILITY 13 Hearing Date: 12/16/2020 14 Hearing Time: 9:00 a.m. Department: 1 15 EDWARD F. NIDEROST, et. al., Judge: Tamara Mosbarger 16 Date of Complaint: 4/22/2020 Defendants. Trial Date: None Set 17 / 18 AND RELATED CROSS COMPLAINTS 19 / 20 21 I, Raymond L. Sandelman, declare: 22 1. I am an attorney licensed to practice in all California State Courts and the attorney for 23 Plaintiff Wayne A. Cook, Trustee of The Wayne A. Cook 1998 Family Trust Dated 12/29/98. 24 2. I did a search to determine Sara Knowles true availability for trial. She has court hearings 25 as follows: 2/2/2021 conservatorship six month review, 2/9/2021 marital dissolution review hearing, 26 2/10/2021 case management conference, 3/17/2021 trial readiness conference, and 3/22/2021 court 27 trial (See the attached Exhibit 1). She advised me that she want to show her horses from February 28 11 to 22, 2021 (See the attached Exhibit 2). I am at a loss to understand Ms. Knowles’ claim of DECLARATION OF RAYMOND L. SANDELMAN unavailability on all days other than March 15-19, March 29-April 2, April 5-9, and April 12-16, 2021. 3. I think that Mr. Cook’s need for a trial date (he is dying) is more important than counsel’s desire to show horses. 4. As of December 8, 2020 here are dates that I have other court appearances: January 6 (p.m.), 13 (a.m.), 15 (p.m.), 20 (a.m.), February 3 (a.m.), 16 (a.m.), 22-26, March 2 (a.m.), 15 (p.m.), 23 (a.m.), 24 (a.m.), 29, 30, April 7 (a.m.), 12, 15, 19-23, 26-29, June 7, 8, 14, 15, 28, and 29, 2021. I believe that I need to give priority to this case over those other court hearings. 10 I declare under penalty of perjury under the laws of the State of California that the foregoing il is true and correct. 12 13 ao ae sé 14 Dated: Dyeeahe, A20620 IS Se és oa Raymond L. Sandelman Sent: Wednesday, November 25, 2020 10:40 AM To: Raymond L. Sandelman Ce: david @davidgriffithlaw.com; ‘Jameson Sheehan’; office@lushankolaw.com; Sarah Vercruysse Subject: RE: Cook v. Niderost Categories: Printed Ray — | will ascertain if my client is available the last week in December for his deposition and forego a portion of my planned vacation. Will that be agreeable with you? am not Mr. Niderost’s counsel. | suggest you confer with Mr. Williams regarding that deposition date. Even though I have an obligation on that date (work commitment), | do not see that as a basis for me to request that the deposition be rescheduled since | am neither taking nor defending that deposition. | have a motion for summary adjudication pending— with a reply due Dec. 18 and hearing on Dec. 23. | have calendared today as the due date for the opposition to the motions. As you likely have anticipated, | will be asking for leave to amend with respect to certain causes of action. With respect to trial availability — | bred and show arab (and half arab) horses. There is a horse show in Arizona in February which is one of the largest (and probably the most prominent) in the US. There are two other horse show that are nearly as important one just occurred in the last half of October in Tulsa, OK and the other occurs in Canada. This particular event is known as the “Super Bowl of Arabs”. There will be about 2250 horses at the event.. Horses are bought, sold and shown at this event. The value of my horses (and their future offspring) who compete is dictated, in large part, by their performance at this show. Horses of this nature can be sold for hundreds of thousands of dollars. The event officially starts February 11 but horses have to be hauled to the event, and allowed to rest for a minimum of 4-5 days prior to the event. Hauling to Arizona will take a minimum of two days. Prior (1-4 days ) to hauling horses are subjected to testing (in order to cross state lines) and have medical injections into their hocks to prepare them for travel and competition. This means that at least 8 days prior to the event | am engaged with taking care of these tasks and ensuring the welfare of these horses. | am currently slated to take approximately 6-8 horses to this show. | have a substantial investment into this endeavor and into my horses. This is an event that | have been planning to participate in for well over a year. | have blocked out the first three weeks in February so that | can participate in this event, and make all the necessary arrangements for the horses in my car. This is not just a past-time, | have spent a substantial sum of money on my horse property, purchasing my horses, | pay for routine training and care. The future of my horse breeding and show horse program is dependent on this show (and the other two mentioned) and it’s not something | can just reschedule or not attend. In addition, | will not and do not risk the safety of my horses to outsiders. (Plus, paying someone to haul your horses is very expensive — about $1,000 per horse one way). You can find out more information about the event at http://www.scottsdaleshow.com/ This is probably more than you every wanted to know about horses — but if you doubt my story | welcome you to schedule a visit at my 36 stall horse barn located at 8075 County Road 29, Glenn, Ca ~ you are welcomed to meet the 19 horses at my facility. EXHISIT. aX PROOF OF SERVICE I, Wendy Hoy, declare as follows: Iam employed in 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 December & , 2020, I served copies of the Declaration of Raymond L. Sandelman Re: Trial Availability on the following person(s) at the following address(s), in the manner indicated below: David R. Griffith, Esq. Sara M. Knowles, Esq. Jameson E.P. Sheehan, Esq. Leland, Morrissey & Knowles LLP Griffith Horn & Sheehan, LLP 1660 Humboldt Road, Suite 6 1530 Humboldt Road, Suite 3 Chico, CA 95928 Chico, CA 95928 10 il Larry Gene Lushanko Law Office of Larry G. Lushanko 12 1241 E Mission Rd. Fallbrook, CA 92028 13 ae ag sé oF 14 BY UNITED STATES MAIL enclosed the documents in a sealed envelope or package 2&8 225 15 Xx o¢ Eee addressed to the persons at the addresses shown above and placed the envelope for collection Seanas Ras and mailing, following our ordinary business practices. I am readily familiar with this i828 16 Ze gZe> business's practice for collecting and processing correspondence for mailing, it is deposited in the §2Lag E< sa 17 ordinary course of business with the United States Postal Service, in a sealed envelope with postage Zo fully prepaid. I am employed in the county where the mailing occurred. The envelope or package ga 18 was placed in the mail at Chico, CA. 5S BS 19 BY TRANSMITTING THE DOCUMENT(S) ELECTRONICALLY via the following 20 email addresses: david@davidgriffithlaw.com; jameson@griffithandhorn.com; sknowles@chicolawyer.com; office@lushankolaw.com. 21 22 I certify under penalty of perjury that the foregoing is true and correct, and this declaration of service was executed on December _ > 2020 at Chico, California. 23 24 I [nw 25 Wendy Hoy 26 27 28 m:\orig_data\work\client directories\cook, wayne 1814\rlsdec 1208.docx PROOF OF SERVICE