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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: Court Trial – Ongoing – Day 5
Continued from 4/08/2021
Hearing Date: May 18, 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: Cyndi 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 LeClerc, 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,
not present
Erwin Williams, Guardian Ad Litem, Cross Defendant,
not 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:
- 1:31 p.m. The Court convenes with parties and counsel present as indicated above.
The Court indicates the nature of the proceedings.
The Court indicates that it took Mr. Sandelman's motion for nonsuit under submission at the last hearing.
The Court states it is inclined to grant the motion for nonsuit and consider Ms. Knowles opening statement as
waived.
There is no objection from Ms. Knowles.
Mr. Sandelman requests Cross-complainant's litigation be dismissed.
20CV00905 Minute Order Page 1 of 2
The Court denies Mr. Sandelman's request.
The Court strikes Ms. Knowles' opening statement and deems her opening statement waived.
Ronald Eugene Culley is sworn and testifies.
Defendant's Exhibits G and H are marked for identification.
3:00 p.m. The Court is in recess.
3:16 p.m. The Court reconvenes with parties and counsel present as indicated above.
Ronald Eugene Culley resumes the witness stand under oath.
Cross-Defendant's Exhibit AA is marked for identification and received into evidence.
4:36 p.m. The Court is adjourned.
Exhibits:
G, Document, Marked for Indentification, Additional Excerpts from Eugene Culley's Deposition Dated January
19, 2021; 16 Pages
H, Marked for Identification, Remote Deposition of Mr. Eugene Culley Volume II Dated January 26, 2021
AA, Document, Received into Evidence, Demand to Pay Rent to Party Other than Landlord; 3 Pages
20CV00905 Minute Order Page 2 of 2
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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: Court Trial – Ongoing – Day 5 Continued from 4/08/2021 Hearing Date: May 18, 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: Cyndi 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 LeClerc, 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, not present Erwin Williams, Guardian Ad Litem, Cross Defendant, not 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: - 1:31 p.m. The Court convenes with parties and counsel present as indicated above. The Court indicates the nature of the proceedings. The Court indicates that it took Mr. Sandelman's motion for nonsuit under submission at the last hearing. The Court states it is inclined to grant the motion for nonsuit and consider Ms. Knowles opening statement as waived. There is no objection from Ms. Knowles. Mr. Sandelman requests Cross-complainant's litigation be dismissed. 20CV00905 Minute Order Page 1 of 2 The Court denies Mr. Sandelman's request. The Court strikes Ms. Knowles' opening statement and deems her opening statement waived. Ronald Eugene Culley is sworn and testifies. Defendant's Exhibits G and H are marked for identification. 3:00 p.m. The Court is in recess. 3:16 p.m. The Court reconvenes with parties and counsel present as indicated above. Ronald Eugene Culley resumes the witness stand under oath. Cross-Defendant's Exhibit AA is marked for identification and received into evidence. 4:36 p.m. The Court is adjourned. Exhibits: G, Document, Marked for Indentification, Additional Excerpts from Eugene Culley's Deposition Dated January 19, 2021; 16 Pages H, Marked for Identification, Remote Deposition of Mr. Eugene Culley Volume II Dated January 26, 2021 AA, Document, Received into Evidence, Demand to Pay Rent to Party Other than Landlord; 3 Pages 20CV00905 Minute Order Page 2 of 2