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

• 
• 
• 
• 

						
                                
Preview
                                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:          Trial Readiness Conference
                                3 Day Estimate; Bifurcated Court Trial
         Hearing Date:          April 01, 2021 at 1:30 PM                                 Location:                Department 1 - Tamara
                                                                                                                   L. Mosbarger; NC-3
         Heard by:              Hon. Tamara L. Mosbarger, Judge                           Courtroom Clerk:         Jordan Howell
         Court Reporter:        N/A                                                       Court Interpreter:       N/A

         Appearances:
         William Chance, Cross Defendant, not present
         Wayne Cook, Cross Defendant, not present                             Raymond Sandelman, Attorney, Retained Counsel,
                                                                              present via CourtCall
         Gene Culley, Cross Defendant, not present                            Raoul LeClerc, Attorney, present via CourtCall
         John Denton, as Successor Trustee of the Edward F
         Niderost Revocable Living Trust Dated November 8,
         1998, Cross Defendant, not present
         Mid Valley Title and Escrow Company, Cross                           Amy Starrett, Retained Counsel, not present
         Defendant, not present
         Lawrence Patterson, Cross Defendant, Cross                           Larry Lushanko, Retained Counsel, present via
         Complainant, not present                                             CourtCall
         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
         Erwin Williams, Guardian Ad Litem, Cross Defendant,
         present via CourtCall
         Wayne A Cook, Trustee of the Wayne A. Cook 1998                      Raymond Sandelman, Attorney, Retained Counsel,
         Family Trust Dated 12/29/98, Plaintiff, Cross                        present
         Defendant, not present

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

         The Court provides its trial availability for next week, as follows:

         Monday April 5, 2021 8:30 a.m. to 4:00 p.m.
         Tuesday April 6, 2021 1:30 p.m. to 4:30 p.m.
         Wednesday April 7, 2021 1:30 p.m. to 4:30 p.m.
         Thursday April 8, 2021 8:30 a.m. to 4:30 p.m.

         The Court inquires to Ms. Knowles if she intends to orally argue plaintiff's proposed Motions in Limine as it has
         received no opposition.

         Ms. Knowles states that she has brief oral argument as to the Motions in Limine and that her office filed an
         20CV00905                                                    Minute Order                                                  Page 1 of 2
         opposition today.

         The Court states it has not received the opposition.

         The Court confirms that the Demurrer to the Second Amended Cross-Complaint and Demurrer to Second
         Amended Answer will be ruled on at the beginning of trial on April 5, 2021 at 8:30 a.m.

         Argument is heard regarding plaintiff's Motion in Limine One. The Motion is granted.

         Ms. Knowles requests that the Court make a Statement of Decision for this matter following trial. The Court
         directs Ms. Knowles to file a formal request for a Statement of Decision if she wishes as an oral request is
         insufficient.

         The Court states it will defer ruling on Motion in Limine Two at this time.

         Parties are heard regarding Motion in Limine Three. The Motion is granted.

         The Court denies Motion in Limine Four.

         Parties discuss scheduling witnesses.

         The Court inquires what attorneys will be present in addition to Mr. Sandelman and Ms. Knowles.

         Mr. Leclerc states he will be present. Mr. Williams states he will be present through the duration of Mr.
         Niderost's testimony.

         Mr. Lushanko requests that he may appear by CourtCall as he is not local. The Court grants Mr. Lushanko's
         request.

         The Court informs the parties that it can accommodate fifteen individuals at a time. In accordance with Covid-
         19 safety protocols, witnesses may be excluded to maintain individuals remain at a safe distance throughout
         the trial.

         The Court and parties discuss exhibit procedure. The Court directs parties to not offer duplicate exhibits.

         Parties are informed that exhibits will be marked in the order they are received.

         The Court states that it can be flexible as to the scheduling of the Court Trial dependent on the availability of
         witnesses.




         20CV00905                                                    Minute Order                                                  Page 2 of 2