On April 22, 2020 a
Motion,Ex Parte
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
Erwin Williams (206908)
McKERNAN, LANAM, BAKKE & WILLIAMS LLP
Sum Md F
55 Independence Circle, Suite 106 County of Bum
I I
Chico, California 95973
Tel. (530) 877-4961 L 7/1/2021 L
Fax (530) 877-8163
E E
Guardian Ad Litem for Edward F. Niderost D Ki ‘ cm D
By DEW”
WFI'LED
SUPERIOR COURT 0F CALIFORNIA
COUNTY OF BUTTE
10
ll
12 WAYNE A. COOK, TRUSTEE OF THE Case NO. 20CV00905
l3
WAYNE A. COOK 1998 FAMILY TRUST
DATED 12/29/98, NOTICE OF MOTION AND MOTION TO BE
14 RELIEVED AS GUARDIAN AD LITEM
Plaintiff,
15
Accompanying Documents:
v.
l6
Declaration Of Erwin Williams, Guardian Ad
17 EDWARD F. NIDEROST, et al., Litem, in Support of Motion
l8 Defendants.
l9
/
20
Date: August 4, 2021
21
AND RELATED CROSS COMPLAINTS. Time: 9:00 a.m.
'
22 Dept: 1
/ Judge: The Honorable Tamara L. Mosbarger
23
TO THE COURT AND TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
'
24
25 NOTICE IS HEREBY GIVEN that on August 4, 2021 at 9:00 a.m., or as soon thereafter as the
26 matter may be heard in Department 1 of this Court, located at 1775 Concord Avenue, Chico, CA, ERWIN
27 WILLIAMS, guardian ad litem for Edward F. Niderost will, and hereby does, move for an order relieving
28 him as guardian ad litem for Edward F. Niderost.
Notice of Motion and Motion to be
Relieved as Guardian Ad Litem Page l Case NO. 20CV00905
The motion will be made on the ground that the purposes for which the guardian ad litem was
appointed have been satisfied.
The motion will be based on this notice of motion and the declaration of Erwin Williams, guardian
ad litem for EDWARD F. NIDEROST, and the papers, records, and file in this action, and such oral and
documentary evidence as may be presented at the hearing of the motion.
Notice is hereby given that the court follows the tentative ruing procedure set forth in Rule of
Court 3.1308(a)(3). Tentative rulings on law and motion matters are made available on the court’s website
at wwwbuttecourtcagov and by telephone at (530) 532—7022.
10 Dated: June 30, 2021
Erwin Willia s
‘
ll
Guardian A Litem for Edward F. 'derost
12 Defendant
13
l4
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Notice of Motion and Motion to be
Relieved as Guardian Ad Litem Page 2 Case No. 20CV00905
PROOF OF SERVICE
I am a citizen of the United States and employed in Butte County, California. I am over the age
of eighteen (18) years and not a party t0 the Within action. My business address is 55 Independence Circle,
Suite 106, Chico, California 95973. On June 30, 2021, I served the following:
NOTICE OF MOTION AND MOTION TO BE
RELIEVED AS GUARDIAN AD LITEM
by placing a true copy thereof enclosed in a sealed envelope with postage fully prepaid and:
(a) depositing the sealed envelope With the United States Postal Service;
10
(b) placing the envelope for collection and mailing on the date and at the place shown below
ll our business Iam familiar with this business' for
following ordinary practices. readily practice
collecting and processing correspondence for mailing. On the same day that correspondence is
12
placed for collection of business with the United States Postal Service in a sealed envelope with
13 postage fully prepaid.
l4 Via personal service.
15
Via electronic transmittal.
16
Via facsimile transmission.
17
18
Name and address of person served:
19 Ray Sandelman, Esq. Sara M. Knowles, Esq.
Attorney at Law Leland, Morrissey & Knowles, LLP
20
I
196 Cohasset Road, Suite 225 1660 Humboldt Road, Suite 6
21 Chico, CA 95928 Chico, CA 95928
ravmond@sandelmanlaw.com sknowles@chicolawver.com
22 Counsel for Plaintiff/Cmss-Defendant Wayne Counsel for John Denton, Conservator of the
A. Cook Estate of Edward F. Niderost and Successor
23
Trustee of the Edward F. Niderost Living Trust
24 dated November 8, 1998
25
26
27
28
Notice of Motion and Motion to be
Relieved as Guardian Ad Litem Page 3 Case No. 20CV00905
Larry Lushanko, Esq. Raoul J. LeClerc, Esq.
Law Offices of Larry G. Lushanko Law Offices of Raoul J. LeClerc
1241 E. Mission Road PO. Drawer 111
Fallbrook, CA 92028 Oroville, CA 95965
office@lushankolaw.com rleclerc@leclerclawoffice.com
Counsel for Cross~Defendant Lawrence Counsel for Cross-Defendant Randall Eugene
Patterson Culley
I declare under penalty of perjury under the laws of the State of California that the foregoing is
true and correct.
Executed on June 30, 2021, at Chico, California.
if”
tfm:M
\l
10
Rebecca Yuhasz U
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Notice of Motion and Motion to be
Relieved as Guardian Ad Litem Page 4 Case No. 20CV00905
Preview
Erwin Williams (206908) McKERNAN, LANAM, BAKKE & WILLIAMS LLP Sum Md F 55 Independence Circle, Suite 106 County of Bum I I Chico, California 95973 Tel. (530) 877-4961 L 7/1/2021 L Fax (530) 877-8163 E E Guardian Ad Litem for Edward F. Niderost D Ki ‘ cm D By DEW” WFI'LED SUPERIOR COURT 0F CALIFORNIA COUNTY OF BUTTE 10 ll 12 WAYNE A. COOK, TRUSTEE OF THE Case NO. 20CV00905 l3 WAYNE A. COOK 1998 FAMILY TRUST DATED 12/29/98, NOTICE OF MOTION AND MOTION TO BE 14 RELIEVED AS GUARDIAN AD LITEM Plaintiff, 15 Accompanying Documents: v. l6 Declaration Of Erwin Williams, Guardian Ad 17 EDWARD F. NIDEROST, et al., Litem, in Support of Motion l8 Defendants. l9 / 20 Date: August 4, 2021 21 AND RELATED CROSS COMPLAINTS. Time: 9:00 a.m. ' 22 Dept: 1 / Judge: The Honorable Tamara L. Mosbarger 23 TO THE COURT AND TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: ' 24 25 NOTICE IS HEREBY GIVEN that on August 4, 2021 at 9:00 a.m., or as soon thereafter as the 26 matter may be heard in Department 1 of this Court, located at 1775 Concord Avenue, Chico, CA, ERWIN 27 WILLIAMS, guardian ad litem for Edward F. Niderost will, and hereby does, move for an order relieving 28 him as guardian ad litem for Edward F. Niderost. Notice of Motion and Motion to be Relieved as Guardian Ad Litem Page l Case NO. 20CV00905 The motion will be made on the ground that the purposes for which the guardian ad litem was appointed have been satisfied. The motion will be based on this notice of motion and the declaration of Erwin Williams, guardian ad litem for EDWARD F. NIDEROST, and the papers, records, and file in this action, and such oral and documentary evidence as may be presented at the hearing of the motion. Notice is hereby given that the court follows the tentative ruing procedure set forth in Rule of Court 3.1308(a)(3). Tentative rulings on law and motion matters are made available on the court’s website at wwwbuttecourtcagov and by telephone at (530) 532—7022. 10 Dated: June 30, 2021 Erwin Willia s ‘ ll Guardian A Litem for Edward F. 'derost 12 Defendant 13 l4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Notice of Motion and Motion to be Relieved as Guardian Ad Litem Page 2 Case No. 20CV00905 PROOF OF SERVICE I am a citizen of the United States and employed in Butte County, California. I am over the age of eighteen (18) years and not a party t0 the Within action. My business address is 55 Independence Circle, Suite 106, Chico, California 95973. On June 30, 2021, I served the following: NOTICE OF MOTION AND MOTION TO BE RELIEVED AS GUARDIAN AD LITEM by placing a true copy thereof enclosed in a sealed envelope with postage fully prepaid and: (a) depositing the sealed envelope With the United States Postal Service; 10 (b) placing the envelope for collection and mailing on the date and at the place shown below ll our business Iam familiar with this business' for following ordinary practices. readily practice collecting and processing correspondence for mailing. On the same day that correspondence is 12 placed for collection of business with the United States Postal Service in a sealed envelope with 13 postage fully prepaid. l4 Via personal service. 15 Via electronic transmittal. 16 Via facsimile transmission. 17 18 Name and address of person served: 19 Ray Sandelman, Esq. Sara M. Knowles, Esq. Attorney at Law Leland, Morrissey & Knowles, LLP 20 I 196 Cohasset Road, Suite 225 1660 Humboldt Road, Suite 6 21 Chico, CA 95928 Chico, CA 95928 ravmond@sandelmanlaw.com sknowles@chicolawver.com 22 Counsel for Plaintiff/Cmss-Defendant Wayne Counsel for John Denton, Conservator of the A. Cook Estate of Edward F. Niderost and Successor 23 Trustee of the Edward F. Niderost Living Trust 24 dated November 8, 1998 25 26 27 28 Notice of Motion and Motion to be Relieved as Guardian Ad Litem Page 3 Case No. 20CV00905 Larry Lushanko, Esq. Raoul J. LeClerc, Esq. Law Offices of Larry G. Lushanko Law Offices of Raoul J. LeClerc 1241 E. Mission Road PO. Drawer 111 Fallbrook, CA 92028 Oroville, CA 95965 office@lushankolaw.com rleclerc@leclerclawoffice.com Counsel for Cross~Defendant Lawrence Counsel for Cross-Defendant Randall Eugene Patterson Culley I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on June 30, 2021, at Chico, California. if” tfm:M \l 10 Rebecca Yuhasz U 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Notice of Motion and Motion to be Relieved as Guardian Ad Litem Page 4 Case No. 20CV00905