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1 Amy E. Starrett, Esq., SBN 256204
First American Title Insurance Company
2 5 First American Way 2/18/2021
Santa Ana, California 92707
3 T: (714) 250-1015
4 E: astarrett@firstam.com
5 Attorney for Defendant,
Mid Valley Title and Escrow Company
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7 SUPERIOR COURT OF THE STATE OF CALIFORNIA
8 COUNTY OF BUTTE
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WAYNE A. COOK, TRUSTEE OF THE CASE NO.: 20CV00905
10 WAYNE A. COOK 1998 FAMILY TRUST
DATED 12/29/98; Hon. Tamara L. Mosbarger
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North Butte County Courthouse - Chico
12 Plaintiff,
v.
13 DISCLAIMER OF INTEREST BY
EDWARD F. NIDEROST, INDIVIDUALLY DEFENDANT MID VALLEY TITLE AND
14 AND AS TRUSTEE OF THE EDWARD F. ESCROW COMPANY
NIDEROST REVOCABLE LIVING TRUST
15 DATED NOVEMBER 8, 1998, DOES 1 GOV § 70612 – FEE EXEMPT
THROUGH 10;
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Defendants. Complaint filed April 22, 2020
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First Amended Cross Complaint Filed: January 13,
18 ______________________________________ 2021
19 EDWARD F. NIDEROST, INDIVIDUALLY
AND AS TRUSTEE OF THE EDWARD F.
20 NIDEROST REVOCABLE LIVING TRUST
DATED NOVEMBER 8, 1998,
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22 Cross-Complainant,
v.
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WAYNE A. COOK, INDIVIDUALLY AND
24 AS TRUSTEE OF THE WAYNE A. COOK
1998 FAMILY TRUST DATED 12/29/98;
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LAWRENCE PATTERSON; GENE
26 CULLEY, MID VALLEY TITLE AND
ESCROW COMPANY and ROES 1 through
27 25, inclusive,
28 Cross-Defendants
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DISCLAIMER OF INTEREST
1 I, Jennifer Mackall do hereby declare, and state as follows:
2 1. I am the President/County Manager of Mid Valley Title & Escrow Company (“Mid
3 Valley”), a cross-defendant in the above-entitled action. I have personal knowledge of the facts set forth
4 herein, and if called upon to do so, I would and could competently testify thereto.
5 2. On or about April 22, 2020, Plaintiff Wayne Cook initiated this instant lawsuit and filed
6 a complaint in the above-captioned action filed in the Superior Court of California, County of Butte. On
7 or about January 13, 2021 defendant and cross-complainant Edward F. Niderost filed a first amended
8 cross complaint (“FACC”) in the action, which FACC names Mid Valley as a cross-defendant.
9 3. The FACC arises out of 2 deeds of trust secured by property located at 2185 Esplanade,
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Chico, CA (APN 006-120-003-000) (the “Property”, Complaint ¶ 6). The 1st deed of trust was recorded
11 on February 28, 2020 as Instrument No. 2020-0009600 of the Official Records County of Butte (the “1st
12 Deed of Trust”, Complaint ¶¶ 29, 32, Exhibit G). The 2nd deed of trust was recorded on February 28,
13 2020 as Instrument No. 2020-0009601 of the Official Records County of Butte (the “2nd Deed of Trust”,
14 Complaint ¶¶ 29, 32, Exhibit H). The 1st and 2nd Deeds of Trust to be referred to together as “Deeds of
15 Trust”. Mid Valley is the acting trustee of the Deeds of Trust.
16 4. Based on my review of the Complaint, it is my reasonable belief that Mid Valley has been
17 named in this action solely in its capacity as trustee under the Deeds of Trust and not arising out of any
18 actual wrongful acts or omissions on its part in the performance of its duties as trustee. The basis for my
19 reasonable knowledge or belief is that, to the best of my knowledge and based upon a review of the
20 FACC and our files and documents, Mid Valley has no ownership interest in the Property and Mid Valley
21 has no interest in the Deeds of Trust other than as a trustee.
22 5. I am not aware of any evidence or information produced to date by cross-complainant or
23 any of the other cross-defendants, or of any facts, documents, or testimony, tending to suggest that Mid
24 Valley engaged in any misconduct in connection with the performance of any duties as trustee, or that it
25 has been named for any other reason than as a trustee. The FACC makes no allegations that Mid Valley
26 failed to perform any duties as a trustee, nor have any of the remaining cross-defendants filed a cross-
27 complaint against Mid Valley alleging any defect in the performance of duties as a trustee, either under
28 the Deeds of Trust, or the applicable statutes set forth in Civil Code Sections 2924, et seq. and 2924.17.
-2-
DISCLAIMER OF INTEREST
Given the foregoing facts and pursuant to Civil Code section 29241, Mid Valley agrees to
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be bound by whatever order or judgment is issued by the court regarding the Deeds of Trust and shall
not be subject to any monetary awards as and for damages, attorneys’ fees or costs. This disclaimer is
without prejudice to the claims, if any, of other parties to the subject Deeds of Trust.
I declare under penalty of perjury under the laws of the State of California that the foregoing is
true and correct.
Executed this fl of February 2021, at 0V)! LO ,California.
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Name: Jennifer Mackall, Declarant
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DISCLAIMER OF INTEREST
1 PROOF OF SERVICE BY MAIL
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3 I, Brenda L. Miller, declare as follows:
4 I am over age 18, not a party to this action, and am employed in the County of Orange, State
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of California, by FIRST AMERICAN TITLE INSURANCE COMPANY whose business address is
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5 First American Way, Santa Ana, CA 92707. On February 18, 2021, following ordinary business
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practices, I placed for collection and mailing in the mailroom of FIRST AMERICAN TITLE
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INSURANCE COMPANY First American’s Disclaimer of Interest, in a sealed envelope, with postage
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10 fully prepaid addressed to:
11 Sara M. Knowles
Leland, Morrissey & Knowles LLP
12 1660 Humboldt Road, Suite 6
13 Chico, CA 95928
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I am readily familiar with FIRST AMERICAN TITLE INSURANCE COMPANY’s practice of
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17 collection and processing of correspondence for mailing with the United States Postal Service. In the
18 ordinary course of business, the correspondence deposited in the mailroom of FIRST AMERICAN
19 TITLE INSURANCE COMPANY is picked up and delivered to the United States Postal Service the
20 same day.
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I declare under the penalty of perjury under the laws of the State of California that the foregoing
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is true and correct.
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25 Date: February 18, 2021
26 Brenda L. Miller
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Proof of Service by Mail
Preview
1 Amy E. Starrett, Esq., SBN 256204 First American Title Insurance Company 2 5 First American Way 2/18/2021 Santa Ana, California 92707 3 T: (714) 250-1015 4 E: astarrett@firstam.com 5 Attorney for Defendant, Mid Valley Title and Escrow Company 6 7 SUPERIOR COURT OF THE STATE OF CALIFORNIA 8 COUNTY OF BUTTE 9 WAYNE A. COOK, TRUSTEE OF THE CASE NO.: 20CV00905 10 WAYNE A. COOK 1998 FAMILY TRUST DATED 12/29/98; Hon. Tamara L. Mosbarger 11 North Butte County Courthouse - Chico 12 Plaintiff, v. 13 DISCLAIMER OF INTEREST BY EDWARD F. NIDEROST, INDIVIDUALLY DEFENDANT MID VALLEY TITLE AND 14 AND AS TRUSTEE OF THE EDWARD F. ESCROW COMPANY NIDEROST REVOCABLE LIVING TRUST 15 DATED NOVEMBER 8, 1998, DOES 1 GOV § 70612 – FEE EXEMPT THROUGH 10; 16 Defendants. Complaint filed April 22, 2020 17 First Amended Cross Complaint Filed: January 13, 18 ______________________________________ 2021 19 EDWARD F. NIDEROST, INDIVIDUALLY AND AS TRUSTEE OF THE EDWARD F. 20 NIDEROST REVOCABLE LIVING TRUST DATED NOVEMBER 8, 1998, 21 22 Cross-Complainant, v. 23 WAYNE A. COOK, INDIVIDUALLY AND 24 AS TRUSTEE OF THE WAYNE A. COOK 1998 FAMILY TRUST DATED 12/29/98; 25 LAWRENCE PATTERSON; GENE 26 CULLEY, MID VALLEY TITLE AND ESCROW COMPANY and ROES 1 through 27 25, inclusive, 28 Cross-Defendants -1- DISCLAIMER OF INTEREST 1 I, Jennifer Mackall do hereby declare, and state as follows: 2 1. I am the President/County Manager of Mid Valley Title & Escrow Company (“Mid 3 Valley”), a cross-defendant in the above-entitled action. I have personal knowledge of the facts set forth 4 herein, and if called upon to do so, I would and could competently testify thereto. 5 2. On or about April 22, 2020, Plaintiff Wayne Cook initiated this instant lawsuit and filed 6 a complaint in the above-captioned action filed in the Superior Court of California, County of Butte. On 7 or about January 13, 2021 defendant and cross-complainant Edward F. Niderost filed a first amended 8 cross complaint (“FACC”) in the action, which FACC names Mid Valley as a cross-defendant. 9 3. The FACC arises out of 2 deeds of trust secured by property located at 2185 Esplanade, 10 Chico, CA (APN 006-120-003-000) (the “Property”, Complaint ¶ 6). The 1st deed of trust was recorded 11 on February 28, 2020 as Instrument No. 2020-0009600 of the Official Records County of Butte (the “1st 12 Deed of Trust”, Complaint ¶¶ 29, 32, Exhibit G). The 2nd deed of trust was recorded on February 28, 13 2020 as Instrument No. 2020-0009601 of the Official Records County of Butte (the “2nd Deed of Trust”, 14 Complaint ¶¶ 29, 32, Exhibit H). The 1st and 2nd Deeds of Trust to be referred to together as “Deeds of 15 Trust”. Mid Valley is the acting trustee of the Deeds of Trust. 16 4. Based on my review of the Complaint, it is my reasonable belief that Mid Valley has been 17 named in this action solely in its capacity as trustee under the Deeds of Trust and not arising out of any 18 actual wrongful acts or omissions on its part in the performance of its duties as trustee. The basis for my 19 reasonable knowledge or belief is that, to the best of my knowledge and based upon a review of the 20 FACC and our files and documents, Mid Valley has no ownership interest in the Property and Mid Valley 21 has no interest in the Deeds of Trust other than as a trustee. 22 5. I am not aware of any evidence or information produced to date by cross-complainant or 23 any of the other cross-defendants, or of any facts, documents, or testimony, tending to suggest that Mid 24 Valley engaged in any misconduct in connection with the performance of any duties as trustee, or that it 25 has been named for any other reason than as a trustee. The FACC makes no allegations that Mid Valley 26 failed to perform any duties as a trustee, nor have any of the remaining cross-defendants filed a cross- 27 complaint against Mid Valley alleging any defect in the performance of duties as a trustee, either under 28 the Deeds of Trust, or the applicable statutes set forth in Civil Code Sections 2924, et seq. and 2924.17. -2- DISCLAIMER OF INTEREST Given the foregoing facts and pursuant to Civil Code section 29241, Mid Valley agrees to 1234567009 6. be bound by whatever order or judgment is issued by the court regarding the Deeds of Trust and shall not be subject to any monetary awards as and for damages, attorneys’ fees or costs. This disclaimer is without prejudice to the claims, if any, of other parties to the subject Deeds of Trust. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this fl of February 2021, at 0V)! LO ,California. 10 Name: Jennifer Mackall, Declarant 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3- DISCLAIMER OF INTEREST 1 PROOF OF SERVICE BY MAIL 2 3 I, Brenda L. Miller, declare as follows: 4 I am over age 18, not a party to this action, and am employed in the County of Orange, State 5 of California, by FIRST AMERICAN TITLE INSURANCE COMPANY whose business address is 6 5 First American Way, Santa Ana, CA 92707. On February 18, 2021, following ordinary business 7 practices, I placed for collection and mailing in the mailroom of FIRST AMERICAN TITLE 8 INSURANCE COMPANY First American’s Disclaimer of Interest, in a sealed envelope, with postage 9 10 fully prepaid addressed to: 11 Sara M. Knowles Leland, Morrissey & Knowles LLP 12 1660 Humboldt Road, Suite 6 13 Chico, CA 95928 14 15 I am readily familiar with FIRST AMERICAN TITLE INSURANCE COMPANY’s practice of 16 17 collection and processing of correspondence for mailing with the United States Postal Service. In the 18 ordinary course of business, the correspondence deposited in the mailroom of FIRST AMERICAN 19 TITLE INSURANCE COMPANY is picked up and delivered to the United States Postal Service the 20 same day. 21 I declare under the penalty of perjury under the laws of the State of California that the foregoing 22 is true and correct. 23 24 25 Date: February 18, 2021 26 Brenda L. Miller 27 28 Proof of Service by Mail