Preview
L. Sandelman SBN 078020
Elm Gdu'tofClIhmll
—F
Raymond
CountrofBum
Attorney at Law l |
196 Cohasset Road, Suite 225 L 3/30/2021 L
Chico, CA 95926-2284 E E
343—5090 / (530) 343-5091 (FAX)
(530) D D
Email:Raymond@sandelmanlaw.com
nanny
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
10 IN AND FOR THE COUNTY OF BUTTE
11
12 WAYNE A. COOK, TRUSTEE OF THE NO. :20CV00905
WAYNE A. COOK 1998 FAMILY DEMURRER TO
NOTICE OF HEARING OF
13 TRUST DATED 12/29/98,
AMENDED ANSWER TO
SECOND
14 Plaintiff, COMPLAINT
15 Second
Attached Documents: Demurrer to
Amended Answer to Complaint; Declaration of
16
Raymond L. Sandelman
17 EDWARD F. NIDEROST, et. a1.,
18 Defendants.
Hearing Date: 4/5/2021
19 / Hearing Time: 8:30 a.m.
Department: 1
20 AND RELATED CROSS COMPLAINTS Judge: Tamara Mosbarger
Date of Complaint: 4/22/2020
21 /
Trial Date: 4/5/2021
22
23
24 TO JOHN DENTON, CONSERVATOR OF THE ESTATE OF EDWARD F. NIDEROST
25 AND AS SUCCESSOR TRUSTEE OF THE EDWARD F. NIDEROST REVOCABLE LIVING
26 TRUST, AND THEIR ATTORNEY LELAND, MORRISSEY & KNOWLES LLP, AND ALL
27 OTHER PARTIES:
28 NOTICE IS HEREBY GIVEN that Wayne A. Cook, Trustee of The Wayne A. Cook 1998
1
NOTICE OF HEARING ON DEMURRER TO SECOND AMENDED ANSWER TO COMPLAINT
Family Trust Dated 12/29/98’s demurrer to the First Affirmative Defense to the Second Amended
Answer by John Denton, Conservator Of The Estate Of Edward F. Niderost and as Successor
Trustee Of The Edward F. Niderost Revocable Living Trust has been set for hearing on April 5,
2021 at 8:30 am. or as soon thereafter as the matter can be heard in Department 1 of the above—
entitled court located at 1775 Concord Avenue, Chico, California.
91......
Dated: (“at 1 "2
-fi’“ “heft;
Raymond L. Sandelman
Attorney for Wayne A. Cook,
individually and as Trustee of The
10 A. Cook 1998 Trust
Wayne Family
11
95926-2284
12
(530) 343-5090 / (530) 343—5091 (FAX)
196 COHASSET ROAD, SUITE 225, CHICO, CA
13
RAYMOND L. SANDELMAN
ATTORNEY AT LAW
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
NOTICE OF HEARING ON DEMURRER TO SECOND AMENDED ANSWER TO COMPLAINT
Raymond L. Sandelman SBN 078020
Attorney at Law
196 Cohasset Road, Suite 225
Chico, CA 95926—2284
(530) 343—5090 / (530) 343—5091 (FAX)
Email: Raymond@sandelmanlaw .com
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
10 IN AND FOR THE COUNTY OF BUTTE
11
12 WAYNE A. COOK, TRUSTEE OF THE NO.: 20CV00905
FAMILY
13 yfililgfiEDAqIEDCBgE/gglggg
DEMURRER TO SECOND AMENDED
’
ANSWER TO COMPLAINT
14 Plaintiff,
Hearing Date: 4/5/2021
15 V‘
Hearing Time: 8:30 a.m.
16 Department: 1
Judge: Tamara Mosbarger
17 EDWARD F. NIDEROST, et. al., Date of Compiaint: 4/22/2020
Trial Date: 4/5/2021
18 Defendants.
19 /
20 AND RELATED CROSS COMPLAINTS
21 /
22
23 Wayne A. Cook, Trustee of The Wayne A. Cook 1998 Family Trust Dated 12/29/98 demurs
24 to John Denton, Conservator Of The Estate Of Edward F. Niderost and as Successor Trustee Of
25 The Edward F. Niderost Revocable Living Trust’s Second Amended Answer to the Complaint on
26 the following ground:
27 (a) The First Affirmative Defense in the Second Amended Answer fails to state facts
28 sufficient to constitute an affirmative defense against Wayne A. Cook, Trustee of The Wayne A.
3
DEMURRER TO SECOND AMENDED ANSWER TO COMPLAINT
Cook 1998 Family Trust Dated 12/29/98.
WHEREFORE, Wayne A. Cook, Trustee of The Wayne A. Cook 1998 Family Trust Dated
12/29/98 prays that the demurrer be sustained Without leave to amend, that John Denton,
Conservator Of The Estate Of Edward F. Niderost and as Successor Trustee Of The Edward F.
Niderost Revocable Living Trust’s First Affirmative Defense in their Second Amended Answer to
the Complaint be stricken, and for all other proper relief.
Dated: Muir-A Baum /&§L§
Raymond L. Sandelman
10 Attorney for Wayne A. Cook,
individually and as Trustee of The
11 A. Cook
959262284
Wayne 1998 Family Trust
12
(530) 343-5090 / (530) 343—5091 (FAX)
196 COHASSET ROAD, SUITE 225, CHICO, CA
13
RAYMOND L. SANDELMAN
ATTORNEY AT LAW
14
15
16
l7
18
19
20
21
22
23
24
25
26
27
28
4
DEMURRER TO SECOND AMENDED ANSWER TO COMPLAINT
Raymond L. Sandelman SBN 078020
Attorney at Law
196 Cohasset Road, Suite 225
Chico, CA 95926—2284
(530) 343—5090 / (530) 343—5091 (FAX)
Email: Raymond@sandelmanlaw . com
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
10 IN AND FOR THE COUNTY OF BUTTE
11
12 WAYNE A. COOK, TRUSTEE OF THE NO.: 20CV00905
WAYNE A. COOK 1998 FAMILY DECLARATION IN SUPPORT OF
13 TRUST DATED 12/29/98’ DEMURRER To SECOND AMENDED
14 Plaintiff, ANSWER To COMPLAINT
15 V'
Hearing Date: 4/5/2021
16 Hearing Time: 8:30 a.m.
Department: 1
17 EDWARD F. NIDEROST, et. al., Judge: Tamara Mosbarger
Date of Complaint: 4/22/2020
18 Dafendams'
Trial Date: 4/5/2021
19 /
20 AND RELATED CROSS COMPLAINTS
21 /
22
23 I, Raymond L. Sandelman, declare that:
24 1. I am an attorney licensed to practice in all California state courts, and the attorney for
25 Wayne A. Cook, Trustee 0f The Wayne A. Cook 1998 Family Trust Dated 12/29/98.
26 2. I sent defense counsel a meet and confer communication and a draft of this demurrer
27 discussing the pleading deficiencies in the Second Amended Answer on March 29, 2021 at 5:05 p.m.
28 and advised Ms. Knowles that I would telephone her on March 30, 2021 at 9:30 a.m. to discuss the
5
DECLARATION IN SUPPORT OF DEMURRER TO SECOND AMENDED ANSWER TO COMPLAINT
pleading deficiencies. Ms. Knowles did not take my telephone call when I tried to discuss the
pleading deficiencies. She did not respond in writing to my meet and confer communication.
I declare under penalty of perjury under the laws of the State of California that the foregoing
is true and correct.
Dated: ($qu 303311 figcgwgfxw
Raymond L. Sandelman
10
11
196 COHASSET ROAD, SUITE 225, CHICO, CA 95926-2284
12
(530) 343—5090 / (530) 343-5091 (FAX)
13
RAYMOND L. SANDELMAN
ATTORNEY AT LAw
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
6
DECLARATION IN SUPPORT OF DEMURRER TO SECOND AMENDED ANSWER TO COMPLAINT
PROOF OF SERVICE
I, Shyla Anderson, declare as follows:
I am 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 today's date, I served copies of the Notice Of
Hearing On Demurrer To Amended Answer TO Complaint, Demurrer TO Amended Answer To
Complaint, Memorandum Of Points And Authorities In Support Of Demurrer To Amended Answer
To Complaint, and Declaration of Raymond L. Sandelman, on the following person(s) at the
following address(s), in the manner indicated below:
Gene Culley Larry Gene Lushanko
2185 Esplanade Law Office of Larry G. Lushanko
Chico, CA 95926 1241 E Mission Rd.
10
Fallbrook, CA 92028
ll
Sara M. Knowles, Esq. Amy E. Starrett, Esq.
12 Leland, Morrissey & Knowles LLP First American Title Insurance Company
95926-2284
1660 Humboldt Road, Suite 6 5 First American Way
13
Chico, CA 95928 Santa Ana, CA 92707
(530) 343-5090 / (530) 343-5091 (FAX)
196 COHASSET ROAD, SUITE 225, CHICO, CA
14
RAYMOND L. SANDELMAN
ATTORNEY AT LAW
15 BY TRANSMITTING THE DOCUMENT(S) ELECTRONICALLY Via the following
16
X email addresses: office@lushankolaw.com; gculley@sbcglobal.net;
sknowles@chicolawyer.com; astarrett@firstam.c0m
l7
BY UNITED STATES MAIL enclosed the documents in a sealed envelope or package
18 X addressed to the persons at the addresses shown above and placed the envelope for collection
l9 and mailing, following our ordinary business practices. I am readily familiar with this
business's practice for collecting and processing correspondence for mailing, it is deposited in the
20 ordinary course of business with the United States Postal Service, in a sealed envelope with postage
fully prepaid. I am employed in the county where the mailing occurred. The envelope or package
21
was placed in the mail at Chico, CA.
22
I certify under penalty of perjury that the foregoing is true and correct, and this declaration
23 of service was executed on March California.
g é} , 2021 at Chico,
24
25 Qimfm imam/(MO
Shyla Adderson
26
27
28 wayne I814|n0ticedemurrer amended answer 330. docx
m:\0rig_datalw0rklclient directorieslcook,
PROOF OF SERVICE
Preview
L. Sandelman SBN 078020 Elm Gdu'tofClIhmll —F Raymond CountrofBum Attorney at Law l | 196 Cohasset Road, Suite 225 L 3/30/2021 L Chico, CA 95926-2284 E E 343—5090 / (530) 343-5091 (FAX) (530) D D Email:Raymond@sandelmanlaw.com nanny 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 10 IN AND FOR THE COUNTY OF BUTTE 11 12 WAYNE A. COOK, TRUSTEE OF THE NO. :20CV00905 WAYNE A. COOK 1998 FAMILY DEMURRER TO NOTICE OF HEARING OF 13 TRUST DATED 12/29/98, AMENDED ANSWER TO SECOND 14 Plaintiff, COMPLAINT 15 Second Attached Documents: Demurrer to Amended Answer to Complaint; Declaration of 16 Raymond L. Sandelman 17 EDWARD F. NIDEROST, et. a1., 18 Defendants. Hearing Date: 4/5/2021 19 / Hearing Time: 8:30 a.m. Department: 1 20 AND RELATED CROSS COMPLAINTS Judge: Tamara Mosbarger Date of Complaint: 4/22/2020 21 / Trial Date: 4/5/2021 22 23 24 TO JOHN DENTON, CONSERVATOR OF THE ESTATE OF EDWARD F. NIDEROST 25 AND AS SUCCESSOR TRUSTEE OF THE EDWARD F. NIDEROST REVOCABLE LIVING 26 TRUST, AND THEIR ATTORNEY LELAND, MORRISSEY & KNOWLES LLP, AND ALL 27 OTHER PARTIES: 28 NOTICE IS HEREBY GIVEN that Wayne A. Cook, Trustee of The Wayne A. Cook 1998 1 NOTICE OF HEARING ON DEMURRER TO SECOND AMENDED ANSWER TO COMPLAINT Family Trust Dated 12/29/98’s demurrer to the First Affirmative Defense to the Second Amended Answer by John Denton, Conservator Of The Estate Of Edward F. Niderost and as Successor Trustee Of The Edward F. Niderost Revocable Living Trust has been set for hearing on April 5, 2021 at 8:30 am. or as soon thereafter as the matter can be heard in Department 1 of the above— entitled court located at 1775 Concord Avenue, Chico, California. 91...... Dated: (“at 1 "2 -fi’“ “heft; Raymond L. Sandelman Attorney for Wayne A. Cook, individually and as Trustee of The 10 A. Cook 1998 Trust Wayne Family 11 95926-2284 12 (530) 343-5090 / (530) 343—5091 (FAX) 196 COHASSET ROAD, SUITE 225, CHICO, CA 13 RAYMOND L. SANDELMAN ATTORNEY AT LAW 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 NOTICE OF HEARING ON DEMURRER TO SECOND AMENDED ANSWER TO COMPLAINT Raymond L. Sandelman SBN 078020 Attorney at Law 196 Cohasset Road, Suite 225 Chico, CA 95926—2284 (530) 343—5090 / (530) 343—5091 (FAX) Email: Raymond@sandelmanlaw .com 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 10 IN AND FOR THE COUNTY OF BUTTE 11 12 WAYNE A. COOK, TRUSTEE OF THE NO.: 20CV00905 FAMILY 13 yfililgfiEDAqIEDCBgE/gglggg DEMURRER TO SECOND AMENDED ’ ANSWER TO COMPLAINT 14 Plaintiff, Hearing Date: 4/5/2021 15 V‘ Hearing Time: 8:30 a.m. 16 Department: 1 Judge: Tamara Mosbarger 17 EDWARD F. NIDEROST, et. al., Date of Compiaint: 4/22/2020 Trial Date: 4/5/2021 18 Defendants. 19 / 20 AND RELATED CROSS COMPLAINTS 21 / 22 23 Wayne A. Cook, Trustee of The Wayne A. Cook 1998 Family Trust Dated 12/29/98 demurs 24 to John Denton, Conservator Of The Estate Of Edward F. Niderost and as Successor Trustee Of 25 The Edward F. Niderost Revocable Living Trust’s Second Amended Answer to the Complaint on 26 the following ground: 27 (a) The First Affirmative Defense in the Second Amended Answer fails to state facts 28 sufficient to constitute an affirmative defense against Wayne A. Cook, Trustee of The Wayne A. 3 DEMURRER TO SECOND AMENDED ANSWER TO COMPLAINT Cook 1998 Family Trust Dated 12/29/98. WHEREFORE, Wayne A. Cook, Trustee of The Wayne A. Cook 1998 Family Trust Dated 12/29/98 prays that the demurrer be sustained Without leave to amend, that John Denton, Conservator Of The Estate Of Edward F. Niderost and as Successor Trustee Of The Edward F. Niderost Revocable Living Trust’s First Affirmative Defense in their Second Amended Answer to the Complaint be stricken, and for all other proper relief. Dated: Muir-A Baum /&§L§ Raymond L. Sandelman 10 Attorney for Wayne A. Cook, individually and as Trustee of The 11 A. Cook 959262284 Wayne 1998 Family Trust 12 (530) 343-5090 / (530) 343—5091 (FAX) 196 COHASSET ROAD, SUITE 225, CHICO, CA 13 RAYMOND L. SANDELMAN ATTORNEY AT LAW 14 15 16 l7 18 19 20 21 22 23 24 25 26 27 28 4 DEMURRER TO SECOND AMENDED ANSWER TO COMPLAINT Raymond L. Sandelman SBN 078020 Attorney at Law 196 Cohasset Road, Suite 225 Chico, CA 95926—2284 (530) 343—5090 / (530) 343—5091 (FAX) Email: Raymond@sandelmanlaw . com 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 10 IN AND FOR THE COUNTY OF BUTTE 11 12 WAYNE A. COOK, TRUSTEE OF THE NO.: 20CV00905 WAYNE A. COOK 1998 FAMILY DECLARATION IN SUPPORT OF 13 TRUST DATED 12/29/98’ DEMURRER To SECOND AMENDED 14 Plaintiff, ANSWER To COMPLAINT 15 V' Hearing Date: 4/5/2021 16 Hearing Time: 8:30 a.m. Department: 1 17 EDWARD F. NIDEROST, et. al., Judge: Tamara Mosbarger Date of Complaint: 4/22/2020 18 Dafendams' Trial Date: 4/5/2021 19 / 20 AND RELATED CROSS COMPLAINTS 21 / 22 23 I, Raymond L. Sandelman, declare that: 24 1. I am an attorney licensed to practice in all California state courts, and the attorney for 25 Wayne A. Cook, Trustee 0f The Wayne A. Cook 1998 Family Trust Dated 12/29/98. 26 2. I sent defense counsel a meet and confer communication and a draft of this demurrer 27 discussing the pleading deficiencies in the Second Amended Answer on March 29, 2021 at 5:05 p.m. 28 and advised Ms. Knowles that I would telephone her on March 30, 2021 at 9:30 a.m. to discuss the 5 DECLARATION IN SUPPORT OF DEMURRER TO SECOND AMENDED ANSWER TO COMPLAINT pleading deficiencies. Ms. Knowles did not take my telephone call when I tried to discuss the pleading deficiencies. She did not respond in writing to my meet and confer communication. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Dated: ($qu 303311 figcgwgfxw Raymond L. Sandelman 10 11 196 COHASSET ROAD, SUITE 225, CHICO, CA 95926-2284 12 (530) 343—5090 / (530) 343-5091 (FAX) 13 RAYMOND L. SANDELMAN ATTORNEY AT LAw 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6 DECLARATION IN SUPPORT OF DEMURRER TO SECOND AMENDED ANSWER TO COMPLAINT PROOF OF SERVICE I, Shyla Anderson, declare as follows: I am 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 today's date, I served copies of the Notice Of Hearing On Demurrer To Amended Answer TO Complaint, Demurrer TO Amended Answer To Complaint, Memorandum Of Points And Authorities In Support Of Demurrer To Amended Answer To Complaint, and Declaration of Raymond L. Sandelman, on the following person(s) at the following address(s), in the manner indicated below: Gene Culley Larry Gene Lushanko 2185 Esplanade Law Office of Larry G. Lushanko Chico, CA 95926 1241 E Mission Rd. 10 Fallbrook, CA 92028 ll Sara M. Knowles, Esq. Amy E. Starrett, Esq. 12 Leland, Morrissey & Knowles LLP First American Title Insurance Company 95926-2284 1660 Humboldt Road, Suite 6 5 First American Way 13 Chico, CA 95928 Santa Ana, CA 92707 (530) 343-5090 / (530) 343-5091 (FAX) 196 COHASSET ROAD, SUITE 225, CHICO, CA 14 RAYMOND L. SANDELMAN ATTORNEY AT LAW 15 BY TRANSMITTING THE DOCUMENT(S) ELECTRONICALLY Via the following 16 X email addresses: office@lushankolaw.com; gculley@sbcglobal.net; sknowles@chicolawyer.com; astarrett@firstam.c0m l7 BY UNITED STATES MAIL enclosed the documents in a sealed envelope or package 18 X addressed to the persons at the addresses shown above and placed the envelope for collection l9 and mailing, following our ordinary business practices. I am readily familiar with this business's practice for collecting and processing correspondence for mailing, it is deposited in the 20 ordinary course of business with the United States Postal Service, in a sealed envelope with postage fully prepaid. I am employed in the county where the mailing occurred. The envelope or package 21 was placed in the mail at Chico, CA. 22 I certify under penalty of perjury that the foregoing is true and correct, and this declaration 23 of service was executed on March California. g é} , 2021 at Chico, 24 25 Qimfm imam/(MO Shyla Adderson 26 27 28 wayne I814|n0ticedemurrer amended answer 330. docx m:\0rig_datalw0rklclient directorieslcook, PROOF OF SERVICE