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Raymond L. Sandelman SBN 078020 F
Attorney at Law I
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196 Cohasset Road, Suite 225 L 5/17/2021 L
Chico, CA 95926—2284
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(530) 343—5090 / (530) 343~5091 (FAX) D _
Kl FIB- D
Email:Raymond@sandelmanlaw.com
Br Dawn!
m LED
Attorney for Wayne A. Cook, Individually and
as Trustee of The Wayne A. Cook 1998 Family
Trust Dated 12/29/98
SUPERIOR COURT 0F THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF BUTTE
10 WAYNE A. COOK, TRUSTEE OF THE NO.: 20CV00905
WAYNE A. COOK 1998 FAMILY
11 TRUST DATED 12/29/98, ANSWER BY WAYNE A. COOK,
1 ’7
[—
INDIVIDUALLY AND AS TRUSTEE OF
Plaintiff, THE WAYNE A. COOK 1998 FAMILY
13 TRUST DATED 12/29/98 TO SECOND
vs.
AMENDED CROSS COMPLAINT
14
EDWARD F. NIDEROST, et al.,
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Defendants .
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/
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EDWARD F. NIDEROST,
18 INDIVIDUALLY AND AS TRUSTEE OF
19
THE EDWARD F. NIDEROST
REVOCABLE LIVING TRUST DATED
20 NOVEMBER 8, 1998, DOES 1
THROUGH 10,
21
22 Cross—Complainants,
VS.
23
24 WAYNE A. COOK, TRUSTEE OF THE
WAYNE A. COOK 1998 FAMILY
25 TRUST DATED 12/29/98, LAWRENCE
26 PATTERSON; GENE CULLEY, MID
VALLEY TITLE AND ESCROW
27 COMPANY, and ROES 1 through 25,
inclusive.
28
Cross—Defendants.
l
ANSWER TO SECOND AMENDED CROSS COMPLAINT
Wayne A. Cook, Trustee of The Wayne A. Cook 1998 Family Trust Dated 12/29/98
(hereafter referred to “Wayne A. Cook, Trustee”) in answer to and Ninth Cause of Action directed
against him in the Second Amended Cross Complaint, and Wayne A. Cook individually (hereafter
referred to “Cook, Individually”), in answer to the First and Ninth Causes of Action directed against
him in the Second Amended Cross Complaint, allege as follows:
l. Pursuant to the provisions of California Code of Civil Procedure section 431.30
subdivision (d), Wayne A. Cook, Trustee and Cook, Individually generally deny each and every
allegation contained in said unverified Second Amended Cross Complaint, and further deny that
Cross—Complainants or either of them, have been damaged in the sum or sums alleged, or in any
IO sum, or at all, or are entitled to restitution or injunctive relief.
95926—2284
ll 2. As and for a First Affirmative Defense to each specific causes of action directed against
(530) 343-5090 /(530) 343-5091 (FAX)
them in the Second Amended Cross A.
196 COHASSET ROAD, SUITE 225, CHICO, CA
12 Complaint, Wayne Cook, Trustee and Cook, Individually
RAYMOND L. SANDELMAN
ATTORNEY AT LAW
13 allege that each of the specific causes of action directed against them in the Second Amended Cross
14 Complaint, failsto state facts sufficient to constitute a cause of action as to either of these answering
15 Cross—Defendants.
16 3. As and for a Second Affirmative Defense to the Ninth Cause of Action in the Second
17 Amended Cross Complaint, Wayne A. Cook, Trustee alleges that he is entitled to a set off for the
18 debt described in the Complaint, which is hereby incorporated herein by reference.
19 4. As and for a Third Affirmative Defense to the Ninth Cause of Action in the Second
20 Amended Cross Complaint, Wayne A. Cook, Trustee alleges that Edward F. Niderost and his
21 conservator, and Edward F. Niderost, Trustee of The Edward F. Niderost Revocable Living Trust
22 Dated November 8, 1998, and its successor trustee, are barred from the recovery of contractual
23 attorney’s fees for all claims relating to the transaction described in Exhibit B to the Second Amended
24 Cross Complaint due to their failure to pursue meditation prior to the filing of the Second Amended
25 Cross Complaint.
26 5. As and for a Fourth Affirmative Defense to the First and Ninth Causes of Action in the
27 Second Amended Cross Complaint, Cook, Individually alleges that Edward F. Niderost and his
28 conservator, and Edward F. Niderost, Trustee of The Edward F. Niderost Revocable Living Trust
2
ANSWER TO SECOND AMENDED CROSS COMPLAINT
Dated November 8, 1998, and its successor trustce, are barred from the recovery of contractual
attorney’s fees for all claims relating to the transaction described in Exhibit B to the Second Amended
Cross Complaint due to their failure to pursue meditation prior to the filing of the Second Amended
Cross Complaint.
6. As and for a Fifth Affirmative Defense to the Ninth Cause of Action in the Second
Amended Cross Complaint, Wayne A. Cook, Trustee alleges that all claims by Edward F. Niderost
and his conservator, are barred because Wayne A. Cook, Trustee Edward F. Niderost and his
conservator are not purchasers of the real property commonly known as 2185 Esplanade, Chico,
Butte County, California, Butte County Assessor’s Parcel No. 006—120~OO3—OOO, nor are Edward F.
10 Niderost or his conservator, owners of such real property, nor are Edward F. Niderost and his
95926-2284
11 conservator debtors to any secured lender, and therefore Edward F. Niderost and his conservator
(530) 343—5090 / (530) 343—5091 (FAX)
are not real in interest and lack assert all of his claims.
CA
12 parties standing to
RAYMOND L. SANDELMAN
196 COHASSET ROAD, SUITE 225. CHICO,
As
ATTORNEY AT LAW
l3 7. and for a Sixth Affirmative Defense to the First and Ninth Causes of Action in the
1 Second Amended Cross Complaint, Cook, Individually alleges that that all claims by Edward F.
l Niderost and his conservator, are barred because Edward F. Niderost and his conservator are not
1 purchasers of the real property commonly known as 2185 Esplanade, Chico, Butte County,
1 California, Butte County Assessor’s Parcel No. 006—120—003-000, nor are Edward F. Niderost or
l his conservator owners of such real property, nor are Edward F. Niderost or his conservator debtors
l to any secured lender, and therefore Edward F. Niderost and his conservator are not real parties in
2 interest and lack standing to assert the claims in the First and Ninth Causes of Action.
2 8. As and for a Seventh Affirmative Defense to the Ninth Cause of Action in the Second
2 Amended Cross Complaint, Wayne A. Cook, Trustee alleges that all claims by Edward F. Niderost,
2 Trustee of The Edward F. Niderost Revocable Living Trust Dated November 8, 1998, or the
2. successor trustee, relating to the transaction described in Exhibit B to the Second Amended Cross
2. Complaint, are barred because Edward F. Niderost, Trustee of The Edward F. Niderost Revocable
2t Living Trust Dated November 8, 1998 and its successor trustee were not in privity of contract with
2, Wayne A. Cook, Trustee.
2: 9. As and for an Eighth Affirmative Defense to the First and Ninth Causes of Action in the
3
ANSWER TO SECOND AMENDED CROSS COMPLAINT
Second Amended Cross Complaint, Cook, Individually alleges that all claims by Edward F.
Niderost, Trustee of The Edward F. Niderost Revocable Living Trust Dated November 8, 1998, or
the successor trustee, relating to the transaction described in Exhibit B to the Second Amended Cross
Complaint, are barred because Edward F. Niderost, Trustee of The Edward F. Niderost Revocable
Living Trust Dated November 8, 1998 and its successor trustee were not in privity of contract with
Cook, Individually.
10. As and for a Ninth Affirmative Defense to the First and Ninth Causes of Action in the
Second Amended Cross Complaint, Cook, Individually alleges that Edward F. Niderost, individually
and as Trustee of The Edward F. Niderost Revocable Living Trust Dated November 8, I998
10 consented to all of the acts alleged to have been committed by Wayne A. Cook, Trustee.
95926-2284
11 ll. As and for a Tenth Affirmative Defense to the Ninth Cause of Action in the Second
(530) 343—5090 / (530) 343-5091 (FAX)
Amended Cross Wayne A. Cook, Trustee alleges that Edward F.
196 COHASSET ROAD, SUITE 225, CHICO, CA
12 Complaint, Niderost, individually
RAYMOND L. SANDELMAN
F.
ATTORNEY AT LAW
13 and as Trustee of The Edward Niderost Revocable Living Trust Dated November 8, 1998
14 consented to all of the acts alleged to have been committed by Wayne A. Cook, Trustee.
15 12. As and for an Eleventh Affirmative Defense to the First and Ninth Causes of Action in
16 the Second Amended Cross Complaint, Cook, Individually alleges that such causes of action fail to
17 state sufficient facts to constitute a claim for punitive or exemplary damages.
is l3. As and for a Twelfth Affirmative Defense to the Ninth Cause of Action in the Second
19 Amended Cross Complaint, Wayne A. Cook, Trustee, alleges that such cause of action fail to state
20 sufficient facts to constitute a claim for punitive or exemplary damages.
21 WHEREFORE, Wayne A. Cook, Trustee of The Wayne A. Cook 1998 Family Trust Dated
22 12/29/98 and Wayne A. Cook individually pray that Cross-Complainants take nothing by the Second
23 Amended Cross Complaint, that Wayne A. Cook, Trustee of The Wayne A. Cook 1998 Family
24 Trust Dated 12/29/98 and Wayne A. Cook individually have judgment for their costs of suit incurred
25 herein, reasonable attorney’s fees, and for such other and further relief as the Court deems just.
26 / / /
27 / / /
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4
ANSWER TO SECOND AMENDED CROSS COMPLAINT
Dated: NV} l'7,ZC'lf E? LSCATR
L. Sandelman
Raymond
Attorney for Wayne A. Cook, Individually and
as Trustee of The Wayne A. Cook 1998 Family
Trust Dated 12/29/98
lO
95926—2284
11
(530) 343-5090 / (530) 343-5091 (FAX)
196 COHASSET ROAD, SUITE 225, CHICO, CA
12
RAYMOND L. SANDELMAN
ATTORNEY AT LAW
13
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ANSWER TO SECOND AMENDED CROSS COMPLAINT
PROOF OF SERVICE
I, Wendy Hoy, declare as follows:
I am a resident of 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 the Answer By Wayne A. Cook,
Individually and as Trustee of the Wayne A. Cook 1998 Family Trust Dated 12/29/98 to the Second
Amended Cross Complaint on the following person(s) at the following address(s), in the manner
indicated below:
Raoul J. LeClerc Sara M. Knowles, Esq.
Attorney at Law Leland, Morrissey & Knowles, LLP
Post Office Drawer 111 1660 Humboldt Road, Suite 6
Oroville, CA 95965 Chico, CA 95928
10
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Larry Gene Lushanko Amy E. Starrett, Esq.
12 Law Office of Larry G. Lushanko First American Title Insurance Company
95926-2284
1241 E Mission Rd. 5 First American Way
13
Fallbrook, CA 92028 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
X BY UNITED STATES MAIL enclosed the documents in a sealed envelope or package
addressed to the persons at the addresses shown above and placed the envelope for collection
16
and mailing, following our ordinary business practices. I am readily familiar with this
17 business's practice for collecting and processing correspondence for mailing, itis deposited in the
ordinary course of business with the United States Postal Service, in a sealed envelope with postage
18 I am in the where the occurred. The or
fully prepaid. employed county mailing envelope package
19
was placed in the mail at Chico, CA.
20
X BY TRANSMITTING THE DOCUMENT(S) ELECTRONICALLY via the following
email addresses: sknowles@chicolawyer.com; office@lushankolaw.com;
21
rleclerc@leclerclawoffice.com; astarrett@firstam.com.
22
I certify under penalty of perjury that the foregoing is true and correct, and this declaration
23 of service was executed on May i7 , 2021 at Chico, California.
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fl/i/ p
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Wrendy Hoy U
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28 wayne 1814\answer secondamendedtcamplaint 51 7. docx
m:lorig_data\worklclient directorieslcook,
PROOF OF SERVICE
Preview
Raymond L. Sandelman SBN 078020 F Attorney at Law I mm?“ Bum I 196 Cohasset Road, Suite 225 L 5/17/2021 L Chico, CA 95926—2284 E E (530) 343—5090 / (530) 343~5091 (FAX) D _ Kl FIB- D Email:Raymond@sandelmanlaw.com Br Dawn! m LED Attorney for Wayne A. Cook, Individually and as Trustee of The Wayne A. Cook 1998 Family Trust Dated 12/29/98 SUPERIOR COURT 0F THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF BUTTE 10 WAYNE A. COOK, TRUSTEE OF THE NO.: 20CV00905 WAYNE A. COOK 1998 FAMILY 11 TRUST DATED 12/29/98, ANSWER BY WAYNE A. COOK, 1 ’7 [— INDIVIDUALLY AND AS TRUSTEE OF Plaintiff, THE WAYNE A. COOK 1998 FAMILY 13 TRUST DATED 12/29/98 TO SECOND vs. AMENDED CROSS COMPLAINT 14 EDWARD F. NIDEROST, et al., 15 Defendants . 16 / 17 EDWARD F. NIDEROST, 18 INDIVIDUALLY AND AS TRUSTEE OF 19 THE EDWARD F. NIDEROST REVOCABLE LIVING TRUST DATED 20 NOVEMBER 8, 1998, DOES 1 THROUGH 10, 21 22 Cross—Complainants, VS. 23 24 WAYNE A. COOK, TRUSTEE OF THE WAYNE A. COOK 1998 FAMILY 25 TRUST DATED 12/29/98, LAWRENCE 26 PATTERSON; GENE CULLEY, MID VALLEY TITLE AND ESCROW 27 COMPANY, and ROES 1 through 25, inclusive. 28 Cross—Defendants. l ANSWER TO SECOND AMENDED CROSS COMPLAINT Wayne A. Cook, Trustee of The Wayne A. Cook 1998 Family Trust Dated 12/29/98 (hereafter referred to “Wayne A. Cook, Trustee”) in answer to and Ninth Cause of Action directed against him in the Second Amended Cross Complaint, and Wayne A. Cook individually (hereafter referred to “Cook, Individually”), in answer to the First and Ninth Causes of Action directed against him in the Second Amended Cross Complaint, allege as follows: l. Pursuant to the provisions of California Code of Civil Procedure section 431.30 subdivision (d), Wayne A. Cook, Trustee and Cook, Individually generally deny each and every allegation contained in said unverified Second Amended Cross Complaint, and further deny that Cross—Complainants or either of them, have been damaged in the sum or sums alleged, or in any IO sum, or at all, or are entitled to restitution or injunctive relief. 95926—2284 ll 2. As and for a First Affirmative Defense to each specific causes of action directed against (530) 343-5090 /(530) 343-5091 (FAX) them in the Second Amended Cross A. 196 COHASSET ROAD, SUITE 225, CHICO, CA 12 Complaint, Wayne Cook, Trustee and Cook, Individually RAYMOND L. SANDELMAN ATTORNEY AT LAW 13 allege that each of the specific causes of action directed against them in the Second Amended Cross 14 Complaint, failsto state facts sufficient to constitute a cause of action as to either of these answering 15 Cross—Defendants. 16 3. As and for a Second Affirmative Defense to the Ninth Cause of Action in the Second 17 Amended Cross Complaint, Wayne A. Cook, Trustee alleges that he is entitled to a set off for the 18 debt described in the Complaint, which is hereby incorporated herein by reference. 19 4. As and for a Third Affirmative Defense to the Ninth Cause of Action in the Second 20 Amended Cross Complaint, Wayne A. Cook, Trustee alleges that Edward F. Niderost and his 21 conservator, and Edward F. Niderost, Trustee of The Edward F. Niderost Revocable Living Trust 22 Dated November 8, 1998, and its successor trustee, are barred from the recovery of contractual 23 attorney’s fees for all claims relating to the transaction described in Exhibit B to the Second Amended 24 Cross Complaint due to their failure to pursue meditation prior to the filing of the Second Amended 25 Cross Complaint. 26 5. As and for a Fourth Affirmative Defense to the First and Ninth Causes of Action in the 27 Second Amended Cross Complaint, Cook, Individually alleges that Edward F. Niderost and his 28 conservator, and Edward F. Niderost, Trustee of The Edward F. Niderost Revocable Living Trust 2 ANSWER TO SECOND AMENDED CROSS COMPLAINT Dated November 8, 1998, and its successor trustce, are barred from the recovery of contractual attorney’s fees for all claims relating to the transaction described in Exhibit B to the Second Amended Cross Complaint due to their failure to pursue meditation prior to the filing of the Second Amended Cross Complaint. 6. As and for a Fifth Affirmative Defense to the Ninth Cause of Action in the Second Amended Cross Complaint, Wayne A. Cook, Trustee alleges that all claims by Edward F. Niderost and his conservator, are barred because Wayne A. Cook, Trustee Edward F. Niderost and his conservator are not purchasers of the real property commonly known as 2185 Esplanade, Chico, Butte County, California, Butte County Assessor’s Parcel No. 006—120~OO3—OOO, nor are Edward F. 10 Niderost or his conservator, owners of such real property, nor are Edward F. Niderost and his 95926-2284 11 conservator debtors to any secured lender, and therefore Edward F. Niderost and his conservator (530) 343—5090 / (530) 343—5091 (FAX) are not real in interest and lack assert all of his claims. CA 12 parties standing to RAYMOND L. SANDELMAN 196 COHASSET ROAD, SUITE 225. CHICO, As ATTORNEY AT LAW l3 7. and for a Sixth Affirmative Defense to the First and Ninth Causes of Action in the 1 Second Amended Cross Complaint, Cook, Individually alleges that that all claims by Edward F. l Niderost and his conservator, are barred because Edward F. Niderost and his conservator are not 1 purchasers of the real property commonly known as 2185 Esplanade, Chico, Butte County, 1 California, Butte County Assessor’s Parcel No. 006—120—003-000, nor are Edward F. Niderost or l his conservator owners of such real property, nor are Edward F. Niderost or his conservator debtors l to any secured lender, and therefore Edward F. Niderost and his conservator are not real parties in 2 interest and lack standing to assert the claims in the First and Ninth Causes of Action. 2 8. As and for a Seventh Affirmative Defense to the Ninth Cause of Action in the Second 2 Amended Cross Complaint, Wayne A. Cook, Trustee alleges that all claims by Edward F. Niderost, 2 Trustee of The Edward F. Niderost Revocable Living Trust Dated November 8, 1998, or the 2. successor trustee, relating to the transaction described in Exhibit B to the Second Amended Cross 2. Complaint, are barred because Edward F. Niderost, Trustee of The Edward F. Niderost Revocable 2t Living Trust Dated November 8, 1998 and its successor trustee were not in privity of contract with 2, Wayne A. Cook, Trustee. 2: 9. As and for an Eighth Affirmative Defense to the First and Ninth Causes of Action in the 3 ANSWER TO SECOND AMENDED CROSS COMPLAINT Second Amended Cross Complaint, Cook, Individually alleges that all claims by Edward F. Niderost, Trustee of The Edward F. Niderost Revocable Living Trust Dated November 8, 1998, or the successor trustee, relating to the transaction described in Exhibit B to the Second Amended Cross Complaint, are barred because Edward F. Niderost, Trustee of The Edward F. Niderost Revocable Living Trust Dated November 8, 1998 and its successor trustee were not in privity of contract with Cook, Individually. 10. As and for a Ninth Affirmative Defense to the First and Ninth Causes of Action in the Second Amended Cross Complaint, Cook, Individually alleges that Edward F. Niderost, individually and as Trustee of The Edward F. Niderost Revocable Living Trust Dated November 8, I998 10 consented to all of the acts alleged to have been committed by Wayne A. Cook, Trustee. 95926-2284 11 ll. As and for a Tenth Affirmative Defense to the Ninth Cause of Action in the Second (530) 343—5090 / (530) 343-5091 (FAX) Amended Cross Wayne A. Cook, Trustee alleges that Edward F. 196 COHASSET ROAD, SUITE 225, CHICO, CA 12 Complaint, Niderost, individually RAYMOND L. SANDELMAN F. ATTORNEY AT LAW 13 and as Trustee of The Edward Niderost Revocable Living Trust Dated November 8, 1998 14 consented to all of the acts alleged to have been committed by Wayne A. Cook, Trustee. 15 12. As and for an Eleventh Affirmative Defense to the First and Ninth Causes of Action in 16 the Second Amended Cross Complaint, Cook, Individually alleges that such causes of action fail to 17 state sufficient facts to constitute a claim for punitive or exemplary damages. is l3. As and for a Twelfth Affirmative Defense to the Ninth Cause of Action in the Second 19 Amended Cross Complaint, Wayne A. Cook, Trustee, alleges that such cause of action fail to state 20 sufficient facts to constitute a claim for punitive or exemplary damages. 21 WHEREFORE, Wayne A. Cook, Trustee of The Wayne A. Cook 1998 Family Trust Dated 22 12/29/98 and Wayne A. Cook individually pray that Cross-Complainants take nothing by the Second 23 Amended Cross Complaint, that Wayne A. Cook, Trustee of The Wayne A. Cook 1998 Family 24 Trust Dated 12/29/98 and Wayne A. Cook individually have judgment for their costs of suit incurred 25 herein, reasonable attorney’s fees, and for such other and further relief as the Court deems just. 26 / / / 27 / / / 28 / / / 4 ANSWER TO SECOND AMENDED CROSS COMPLAINT Dated: NV} l'7,ZC'lf E? LSCATR L. Sandelman Raymond Attorney for Wayne A. Cook, Individually and as Trustee of The Wayne A. Cook 1998 Family Trust Dated 12/29/98 lO 95926—2284 11 (530) 343-5090 / (530) 343-5091 (FAX) 196 COHASSET ROAD, SUITE 225, CHICO, CA 12 RAYMOND L. SANDELMAN ATTORNEY AT LAW 13 l4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5 ANSWER TO SECOND AMENDED CROSS COMPLAINT PROOF OF SERVICE I, Wendy Hoy, declare as follows: I am a resident of 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 the Answer By Wayne A. Cook, Individually and as Trustee of the Wayne A. Cook 1998 Family Trust Dated 12/29/98 to the Second Amended Cross Complaint on the following person(s) at the following address(s), in the manner indicated below: Raoul J. LeClerc Sara M. Knowles, Esq. Attorney at Law Leland, Morrissey & Knowles, LLP Post Office Drawer 111 1660 Humboldt Road, Suite 6 Oroville, CA 95965 Chico, CA 95928 10 11 Larry Gene Lushanko Amy E. Starrett, Esq. 12 Law Office of Larry G. Lushanko First American Title Insurance Company 95926-2284 1241 E Mission Rd. 5 First American Way 13 Fallbrook, CA 92028 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 X BY UNITED STATES MAIL enclosed the documents in a sealed envelope or package addressed to the persons at the addresses shown above and placed the envelope for collection 16 and mailing, following our ordinary business practices. I am readily familiar with this 17 business's practice for collecting and processing correspondence for mailing, itis deposited in the ordinary course of business with the United States Postal Service, in a sealed envelope with postage 18 I am in the where the occurred. The or fully prepaid. employed county mailing envelope package 19 was placed in the mail at Chico, CA. 20 X BY TRANSMITTING THE DOCUMENT(S) ELECTRONICALLY via the following email addresses: sknowles@chicolawyer.com; office@lushankolaw.com; 21 rleclerc@leclerclawoffice.com; astarrett@firstam.com. 22 I certify under penalty of perjury that the foregoing is true and correct, and this declaration 23 of service was executed on May i7 , 2021 at Chico, California. 24 t 0 1,7 fl/i/ p 25 f. ’ Wrendy Hoy U 26 27 28 wayne 1814\answer secondamendedtcamplaint 51 7. docx m:lorig_data\worklclient directorieslcook, PROOF OF SERVICE