On April 22, 2020 a
Hearing
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.
Preview
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Superior Court of California, County of Butte
“3%: Minute Order
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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
Court Trial - Ongoing
Hearing Type: Day 2
1:30 p.m. - 4:30 p.m.
Hearing Date: April O6, 2021 at 1:30 PM Location: NC-3; Department 1 -
Tamara L. Mosbarger
Heard by: Hon. Tamara L. Mosbarger, Judge Courtroom Clerk: Jordan Howell
Court Reporter: Cyndi J Duensing Court Interpreter: N/A
Appearances:
William Chance, Cross Defendant, not present
Wayne Cook, Cross Defendant, present Raymond Sandelman, Attorney, Retained Counsel,
present
Gene Culley, Cross Defendant, present Raoul LeCIerc, Retained Counsel, present
John Denton, as Successor Trustee of the Edward F
Niderost Revocable Living Trust Dated November 8,
1998, Cross Defendant, 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
Edward F Niderost Revocable Living Trust Dated
November 8, 1998, Defendant, Cross Complainant,
present
Erwin Williams, Guardian Ad Litem, Cross Defendant,
present
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, present
Proceedings:
- The Court convenes in the presence of counsel and parties as indicated above.
The Court indicates the nature of the proceedings.
Edward F. Niderost is sworn and testifies.
Court Exhibit 6 is marked for identification
Mr. Niderost and Mr. Williams exit the proceedings following his testimony.
The Court turns to address the demurrer to the Second Amended Cross-Complaint and the demurrer to the
Second Amended Answer.
200V00905 Minute Order Page 1of 2
Mr. Sandelman's argument is heard.
2:55 p.m. The Court is in recess.
3:13 p.m. The Court reconvenes in the presence of counsel and parties.
Ms. Knowles' argument is heard.
The Court overrules the demurrer to the first affirmative defense in the Second Amended Answer
The Court sustains the demurrer to the Second Amended Cross-Complaint to the first cause of action - elder
abuse as to Mr. Cook in his capacity as Trustee but overrules the demurrer as to Mr. Cook in his capacity as
an individual finding sufficient allegations of improper conduct. The court sustains the demurrer as to the 8th
cause of action- Violation of BP 17200. The Court defers ruling on the demurrer to the ninth cause of action in
the Second Amended Cross-Complaint at this time.
Ronald Eugene Culley is sworn and testifies.
4:00 p.m. The Court is in recess at the request of counsel.
4:04 p.m. The Court reconvenes with counsel and parties.
Mr. Culley resumes testimony.
4:30 p.m. The Court is adjourned.
Exhibits:
Court Exhibit 6, Document, Marked for Identification, Copy of Edward F Niderost Deposition Volume 1; 5
Pages
20CV00905 Minute Order Page 2 of 2