On April 22, 2020 a
Party Notice
was filed
involving a dispute between
Edward F Niderost, Individually And As Trustee Of The Edward F Niderost Revocable Living Trust Dated November 8, 1998,
Patterson, Lawrence,
Wayne A Cook, Trustee Of The Wayne A Cook 1998 Family Trust Dated 12 29 98,
Wayne A Cook, Trustee Of The Wayne A. Cook 1998 Family Trust Dated 12 29 98,
and
Edward F Niderost, Individually And As Trustee Of The Edward F Niderost Revocable Living Trust Dated November 8, 1998,
for (26) Unlimited Other Real Property
in the District Court of Butte County.
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Larry G. Lushanko, Esq. (SB¹69143)
I officeImiushankolaw.corn
Brittney L. Lushanko, Esq. (SB¹272959) 12/8/2020
2 brittnevuIushankolaw.corn
LAW OFFICES OF LARRY G. LUSHANKO
3 1241 East Mission Road
Fallbrook, California 92028
4 Telephone: (760) 728-9899
Facsimile: (760) 728-9499
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Attorneys for Cross-Defendant LAURENCE PATTERSON
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF BUTTE, NORTH BUTTE COUNTY COURTHOUSE
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WAYNE A. COOK, Trustee of the Wayne A. Case No.: 20CV00905
Cook 1998 Family Trust Dated 12/29/98,
STATUS REPORT RE TRIAL
AVAILABILITY AND NOTICE OF
13 DEPOSIT OF ADVANCE JURY FEES
Plaintiff,
14 Date: December 16, 2020
Time: 9:00 a.m.
v. Assigned for All Purposes to:
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Judge: Hon. Tamara L. Mosbarger
EDWARD F. NIDEROST, individually; and Dept: I
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as Trustee of THE EDWARD F. NIDEROST
REVOCABLE LIVING TRUST Dated Complaint Filed: April 22, 2020
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November 8, 1998; DOES I through 10,
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Defendants.
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EDWARD F. NIDEROST, individually; and
20 as Trustee of THE EDWARD F. NIDEROST
REVOCABLE LIVING TRUST Dated
21 November 8, 1998; DOES 1 through 10,
22 Cross-Complainant,
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WAYNE A. COOK, Trustee of the Wayne A.
24 Cook 1998 Family Trust Dated 12/29/98;
LAWRENCE PATTERSON; GENE
25 CULLEY; MID VALLEY TITLE AND
ESCROW COMPANY; and ROES I through
25, inclusive,
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Cross-Defendants.
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STATUS REPORT RE TRIAL AVAILABILITY
I Counsel to the parties to this matter have been unable to find a mutually available trail
2 date for this matter. Cross-Defendant Laurence Patterson and his counsel, Larry Lushanko, are
3 available for hial in this matter between April 5-16, 2021, and any time alter June 14, 2021.
4 Cross-Defendant Patterson is requesting a jury trial. NOTICE IS HEREBY GIVEN that
5 pursuant to California Code of Civil Procedure $ 631 Cross-Defendant Laurence Patterson has
6 posted jury fees in this matter in the amount of One Hundred Fifiy Dollars ($ 150.00).
8 DATED: December 8, 2020 ushanko
10 L G. Lushanko, Esq.
rittney L. Lushanko, Esq.
Attorneys for Cross-Defendant Laurence
Patterson
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STATUS REPORT RE TRIAL AVAILABILITY
Cook v. Niderost, and Related Cross-Actions
Superior Court of California, County of Butte
Case No.: 20CV00905
PROOF OF SERVICE
4 I declare that I am over the age of eighteen years and not a party to the within action. I
am employed in, or am a resident of, the County of San Diego, California; my business address
5
is 1241 E. Mission Road, Fallbrook, California 92028.
6
I further declare that on this date I served a copy of the following document(s)
1. STATUS REPORT RE TRIAL AVAILABILITY AND NOTICE OF
8 DEPOSIT OF ADVANCE JURY FEES
9 on the following in the manner described below:
Raymond L. Sandelman Sara M. Knowles
Attorney at Law Leland, Morrissey & Knowles, LLP
196 Cohasset Road, Suite 225 1660 Humboldt Road, Ste. 6
Chico, CA 95926-2284 Chico, CA 95928
(530) 343-5090 (530) 342-4500
13 Attorney for Plaintiff/Cross-Defendant Cook Attorney for Defendant/Cross-
Complainant Niderost
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David Griffith Erwin Williams
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Griffith, Hom & Sheehan, LLP 55 Independence Circle, Ste. 106
16 1530 Humboldt Road, Ste. 3 Chico, CA 95973
Chico, CA 95928 (530) 877-4961
(530) 812-1000 Guardian Ad Litem for Edward
david@davidgriffithlaw. corn Niderost
[X] BY MAIL. I caused such envelope to be placed for collection and mailing following this
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firm's ordinary business practices. I am readily familiar with the firm's practice of collection and
20 processing correspondence for mailing. Under that practice, on the same day that
correspondence isplaced for collection and mailing, it is deposited with the U.S. Postal Service
21 in a sealed envelope with postage fully prepaid. I am aware that on motion of party served,
service is presumed invalid if postal cancellation date or postage meter date is more that (I) day
after date of deposit for mailing in affidavit.
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[ ] BY CERTIFIED MAIL. I caused such envelope with postage thereon fully prepaid for
24 Certified Mail Return Receipt Requested to be placed in the United States Mail in Fallbrook,
CA.
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[ ] BY EXPRESS MAIL OR ANOTHER METHOD OF DELIVER PROVIDING FOR
OVERNIGHT DELIVERY.
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[ X ] BY ELECTRONIC FILING AND/OR SERVICE. I served a true copy electronically to
28 the email addresses stated above.
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STATUS REPORT RE TRIAL AVAILABILITY
[ ] BY FEDERAL EXPRESS. I deposited the Federal Express envelope containing the
aforementioned documents in the Federal Express depository located in Fallbrook, California.
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[ ] BY PERSONAL SERVICE. I delivered such documents personally.
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[ ] BY FACSIMILE SERVICE. I transmitted the foregoing document by facsimile to the
4 party(s) identified above using the facsimile number(s) indicated and the activity report
generated by said facsimile machine indicated all pages were transmitted without error.
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I declare that I am employed in the office of a member of the bar of this court at whose
direction the service was made and under penalty of perjury under the laws of the State of
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California that the foregoing is true and correct.
Executed on December 8, 2020 ~r.
Jendi fer Ifxies
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STATUS REPORT RE TRIAL AVAILABILITY
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Larry G. Lushanko, Esq. (SB¹69143) I officeImiushankolaw.corn Brittney L. Lushanko, Esq. (SB¹272959) 12/8/2020 2 brittnevuIushankolaw.corn LAW OFFICES OF LARRY G. LUSHANKO 3 1241 East Mission Road Fallbrook, California 92028 4 Telephone: (760) 728-9899 Facsimile: (760) 728-9499 5 Attorneys for Cross-Defendant LAURENCE PATTERSON 6 SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF BUTTE, NORTH BUTTE COUNTY COURTHOUSE 10 WAYNE A. COOK, Trustee of the Wayne A. Case No.: 20CV00905 Cook 1998 Family Trust Dated 12/29/98, STATUS REPORT RE TRIAL AVAILABILITY AND NOTICE OF 13 DEPOSIT OF ADVANCE JURY FEES Plaintiff, 14 Date: December 16, 2020 Time: 9:00 a.m. v. Assigned for All Purposes to: 15 Judge: Hon. Tamara L. Mosbarger EDWARD F. NIDEROST, individually; and Dept: I 16 as Trustee of THE EDWARD F. NIDEROST REVOCABLE LIVING TRUST Dated Complaint Filed: April 22, 2020 17 November 8, 1998; DOES I through 10, 18 Defendants. 19 EDWARD F. NIDEROST, individually; and 20 as Trustee of THE EDWARD F. NIDEROST REVOCABLE LIVING TRUST Dated 21 November 8, 1998; DOES 1 through 10, 22 Cross-Complainant, 23 WAYNE A. COOK, Trustee of the Wayne A. 24 Cook 1998 Family Trust Dated 12/29/98; LAWRENCE PATTERSON; GENE 25 CULLEY; MID VALLEY TITLE AND ESCROW COMPANY; and ROES I through 25, inclusive, 27 Cross-Defendants. -I- STATUS REPORT RE TRIAL AVAILABILITY I Counsel to the parties to this matter have been unable to find a mutually available trail 2 date for this matter. Cross-Defendant Laurence Patterson and his counsel, Larry Lushanko, are 3 available for hial in this matter between April 5-16, 2021, and any time alter June 14, 2021. 4 Cross-Defendant Patterson is requesting a jury trial. NOTICE IS HEREBY GIVEN that 5 pursuant to California Code of Civil Procedure $ 631 Cross-Defendant Laurence Patterson has 6 posted jury fees in this matter in the amount of One Hundred Fifiy Dollars ($ 150.00). 8 DATED: December 8, 2020 ushanko 10 L G. Lushanko, Esq. rittney L. Lushanko, Esq. Attorneys for Cross-Defendant Laurence Patterson 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2- STATUS REPORT RE TRIAL AVAILABILITY Cook v. Niderost, and Related Cross-Actions Superior Court of California, County of Butte Case No.: 20CV00905 PROOF OF SERVICE 4 I declare that I am over the age of eighteen years and not a party to the within action. I am employed in, or am a resident of, the County of San Diego, California; my business address 5 is 1241 E. Mission Road, Fallbrook, California 92028. 6 I further declare that on this date I served a copy of the following document(s) 1. STATUS REPORT RE TRIAL AVAILABILITY AND NOTICE OF 8 DEPOSIT OF ADVANCE JURY FEES 9 on the following in the manner described below: Raymond L. Sandelman Sara M. Knowles Attorney at Law Leland, Morrissey & Knowles, LLP 196 Cohasset Road, Suite 225 1660 Humboldt Road, Ste. 6 Chico, CA 95926-2284 Chico, CA 95928 (530) 343-5090 (530) 342-4500 13 Attorney for Plaintiff/Cross-Defendant Cook Attorney for Defendant/Cross- Complainant Niderost 14 David Griffith Erwin Williams 15 Griffith, Hom & Sheehan, LLP 55 Independence Circle, Ste. 106 16 1530 Humboldt Road, Ste. 3 Chico, CA 95973 Chico, CA 95928 (530) 877-4961 (530) 812-1000 Guardian Ad Litem for Edward david@davidgriffithlaw. corn Niderost [X] BY MAIL. I caused such envelope to be placed for collection and mailing following this I9 firm's ordinary business practices. I am readily familiar with the firm's practice of collection and 20 processing correspondence for mailing. Under that practice, on the same day that correspondence isplaced for collection and mailing, it is deposited with the U.S. Postal Service 21 in a sealed envelope with postage fully prepaid. I am aware that on motion of party served, service is presumed invalid if postal cancellation date or postage meter date is more that (I) day after date of deposit for mailing in affidavit. 23 [ ] BY CERTIFIED MAIL. I caused such envelope with postage thereon fully prepaid for 24 Certified Mail Return Receipt Requested to be placed in the United States Mail in Fallbrook, CA. 25 [ ] BY EXPRESS MAIL OR ANOTHER METHOD OF DELIVER PROVIDING FOR OVERNIGHT DELIVERY. 27 [ X ] BY ELECTRONIC FILING AND/OR SERVICE. I served a true copy electronically to 28 the email addresses stated above. -3- STATUS REPORT RE TRIAL AVAILABILITY [ ] BY FEDERAL EXPRESS. I deposited the Federal Express envelope containing the aforementioned documents in the Federal Express depository located in Fallbrook, California. 2 [ ] BY PERSONAL SERVICE. I delivered such documents personally. 3 [ ] BY FACSIMILE SERVICE. I transmitted the foregoing document by facsimile to the 4 party(s) identified above using the facsimile number(s) indicated and the activity report generated by said facsimile machine indicated all pages were transmitted without error. 5 I declare that I am employed in the office of a member of the bar of this court at whose direction the service was made and under penalty of perjury under the laws of the State of 7 8 California that the foregoing is true and correct. Executed on December 8, 2020 ~r. Jendi fer Ifxies [g 10 12 13 14 15 16 18 19 20 21 22 23 24 25 26 27 28 -4- STATUS REPORT RE TRIAL AVAILABILITY