Preview
CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY INsme, State Bar number, and address); FOR COURt USE ONLY
Larry G. Lushanko (SB 69143)
Law Offices of Larry Lushanko
1241 E. Mission Road
Fafibrook, CA 92028
2/16/2022
TELEPHDNE NO..(760) 728-9899 FAX NO. Icpftonsg.
officeolushankolaw.corn
ADDREss (optmnsl)t
E-MAIL
Cross-Defendant Patterson
ATTORNEY FoR IHame) t
SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE
sTREETADDREss: 1775 Concord Ave.
MAILING ADDRESR
'Chico, CA 95928
CITY AND ZIP CODE.
BRANcH NAME:North Butte County Courthouse
PLAINTIFF/PETITIONER: Wayne A Cook, et al.
DEFENDANT/RESPONDENT: Edward F. Nlderost, et sl., snd Related Cross-Actions
CASE MANAGEMENT STATEMENT
~
CASE NUMBER:
LIMITED CASE
20CV00905
(Checkone)) ~x UNLIMITED CASE
(Amount demanded (Amount demanded is $ 25,000
exceeds $ 25,000) orless)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: February 23, 2022 Time: 10:30 a.m. Dept.: 1 Dive Room:
Address of court (if diiiereni from the address above);
~x Notice of Intent to Appear by Telephone, by (name)) Larry G. Lushanko
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
1. Party or parties (answer one):
~x This statement is submitted by party (name): Cross-Defendant and Cross-Complainant Laurence Patterson
2.
a.
b. ~ This statement is submitted jointly by parties (names):
Complaint and cross-complaint (lo be answered by piainliifs and cross-compiainanis oniy)
a. The complaint was filed on (date): April 22, 2020
b, ~x The cross-complaint, if any, was filed on(daie):June 12, 2020
3
a. ~
Service (io be answered by plaintiffs and cross-compiainanis only)
~ Afi parties named in the complaint and cross-complaint have been served, have appeared, or have been
The following parties named in the complaint or cross-complaint
dismissed.
~
b.
(1) have not been served (specify names and exp/ain why noi))
(2) ~ have been served but have not appeared and have not been dismissed (specity names):
(3) ~ have had a default entered against them (specify names]
c. ~ The following additional parties may be added (specify names, nature of involvement in case, and date tiy which
they may be sewed):
4. Description of case
a. Type of case in ~ complaint ~x cross-complaint (Describe, including causes of action):
Elder Abuse, Common Count, Civil Conspiracy for Fraud, Declaratory and Injunctive Relief, Breach of Fiduciary Duty,
Unconscionability, Predatory Lending, Cancellation of Instruments, and Breach of the Covenant of Good Faith and Fair Dealing
Page I of 3
Cal. Rules of Comb
Form Adopted for Mandatory Use
Judicial Council of California
CASE MANAGEMENT STATEMENT rules 3.720-3 730
www.couns ca gou
CM-110 IReu. July I, 2011]
CM-110
PLAINTIFF/PETITIONER: Wayne A Cook, ei al. CASE NUMBER:
DEFENDANT/RESPONDENT: Edward F. NiderOSI, ei Bl., Bnd Related Cross-Actions 20CV00905
4. b. Provide a brief statement of the case, including any damages. (If personal injury damages are sought, specify the injury and
damages claimed, including medical expenses to date (/ndica/e source and amount), estimated future medical expenses, lost
earnings lo date, and estimated future lost earnings. If equitable relief is sought, describe the nature of the re/ief)
See attachment 4b.
~ (If more space is needed, check this box and attach a page designated as Attachment 4b.)
Jury or nonjury trial
a. The party or parties request ~x
requesting a jury trial):
a jury trial ~ a nonjury trial.(If more than one party, provide the name of each party
Trial date
a.
b,
~
~x
The trial has been set for(da/e):
No trial date has been set. This case will be ready for trial within 12 months of the date of the filing of the complaint
(II
not, explain):
Trial was set for 2/7/22, but was settled at the Settlement Conference on 12/22/21.
c. Dates on which parties or attorneys will not be available for trial (spec/fy dates and explain reasons for unava//abi/i/y):
Estimated length of trial
The party or parties estimate that the trial will take (check one):
a.
b.
~
~ days (speci/y number):
hours (short causes) (spec//y):
Trial representation (Io be answered for each party)
The party or parties will be represented at trial
a. Attorney:
~x by the attorney or party listed in the caption~ by the following:
b. Firm:
c. Address:
d. Telephone number: f. Fax number:
E-mail address: g. Party represented:
~
e.
Additional representation is describedinAttachment 8.
~
Preference
This case is entitled to preference (spec/fy code sec/ionj:
10. Alternative dispute resolution (ADR)
a. ADR information package. Please note that different ADR processes are available in different courts and communities; read
the ADR information package provided by the court under rule 3.221 for information about the processes available through the
court and community programs in this case.
(1) For parties represented by counsel: Counsel ~ has ~ has not provided the ADR information package identified
(2) For self-represented parties: Party~ has ~
in rule 3.221 to the client and reviewed ADR options with the client.
has not reviewed the ADR information package identified in rule 3.221.
b.
(1)~
Referral to judicial arbitration or civil action mediation (if available).
mediation under Code of Civil Procedure section 1775.3 because the amount in controversy does not
or to civil action
This matter is subject to mandatory judicial arbitration under Code of Civil Procedure section 1141.11
exceed the
(2)~ statutory limit.
Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount specified in Code of
(3)~ Civil Procedure section 1141.11.
mediation under Code of Civil Procedure section1775 etseq.
of the California
This case is exempt from judicial arbitration under rule 3.811
(specify
Rules of Court or from civil action
exemption):
CM-110 [Rev. July 1, 2011]
Page2efg
CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER: Wayne A Cook, et al. CASE NUMSER:
DEFENDANT/RESPONDENT: Edward F. Niderost, el el., snd Related Cross-Actions 20CV00905
10. c, Indicate the ADR process or processes that the party or parties are willing to participate in, have agreed to participate in, or
have already participated in (check ail that apply and provide the specified information):
The party or parties completing If the party or parties completing this form in the case have agreed to
this form are willing to participate in or have already completed an ADR process or processes,
participate in the following
ADR indicate the status of the processes (arlach a copy of the parties'DR
processes (check ail that appiy)i stipulation):
~
~ Mediation session not yet scheduled
Mediation session scheduled for (date):
(1) Mediation
~
~
Agreed to complete mediation by(date):
Mediation completed on (date):
~
~ Settlement conference not yet scheduled
Settlement conference scheduled for(dale)i
(2) Settlement
conference ~
~
Agreed to complete settlement conference by(date):
Settlement conference completed on(date)r
~
~ Neutral evaluation not yet scheduled
Neutral evaluation scheduled for (dale):
(3) Neutral evaluation
~
~
Agreed to complete neutral evaluation by (dale)i
Neutral evaluation completed on (date):
~
~ Judicial arbitration not yet scheduled
Judicial arbitration scheduled for (dale):
(4) Nonbinding judicial
arbitration ~
~ Agreed to complete judicial arbitration by
Judicial arbitration completed on (dale):
(date)i
~
~ Private arbitration not yet scheduled
Private arbitration scheduled for(dale):
(5) Binding private
arbitration ~
~ Agreed to complete private arbitration by
Private arbitration completed on (dale):
(daie):
~
~ ADR session not yet scheduled
ADR session scheduled for (date)i
(6) Other (specify):
~
~
Agreed to complete ADR session by (date):
ADR completed on (date):
CM-1 10 [Rev. July 1, 201 1]
page 2 of 5
CASE MANAGEMENT STATEMENT
CM-1 10
PLAINTIFF/PETITIONER: Wayne A Cook, et al. CASE NUMBER
20CV00905
rDEFENDANT/RESPONDENT: Edward F. Nidercgt, Bt Bl., and Related Crass-Actions
11. Insurance
a.
b.
~ Insurance camer,
Reservation of rights: ~
if any,for party filing this statement (name):
Yes ~ No
c. ~ Coverage issues will significantly affect resolution of this case
(explain)/
12. Jurisdiction
Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status.
~ Bankruptcy
Status:
~ Other (specify):
a. ~
13. Related cases, consolidation, and coordination
There are companion, underlying, or related cases.
(1) Name of case:
(2) Name of court:
(3) Case number:
Status:
~ (4)
Additional cases are described in Attachment 13a.
~
b. ~ A motion to ~ consolidate coordinate will befiledby(name party):
14. Bifurcation
~ The party or parties intend to file a motion for an order bifurcating, severing, or coordinating the following issues or causes of
action (specify moving party, type of motion, and reasons):
15. Other motions
~ (specify moving party, type of mo/ion, and issues):
The party or parties expect to file the following motions before trial
6. Discovery
1
a.
b.
~
~ The party or parties have completed all discovery.
The following discovery will be completed by the date specwed (describe a// anticipated discovery):
Party DbsciigtLOD
c. ~ The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify)/
Page 4 of 5
CM-110 [Ref. July 1, 2011]
CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER: Wayne A Cook, e(al. CASE
NUMBER'0CV00905
DEFENDANT/RESPONDENT: Edward F. Niderost, et al., and Related Cross-Actions
Economic litigation
~
17.
a. This is a limited civil case (i.eu the amount demanded is $25,000 or less) and the economic litigation procedures in Code
of Civil Procedure sections 90-98 will apply to this case.
b. ~ This is a limited civil case and a motion to withdraw the case from the economic litigation procedures or for additional
tn'al
discovery will be filed (ii checked, explain specifically why economic litigation procedures relating to discovery or
should not apply to this case):
Otherissues
18.
~ The party or parties request that the following additional matters be considered or determined at the case management
conference (specify)r
19. Meet and confer
a. ~ Rules
The party or parties have met and conferred with all parties on all subjects required by rule 3.724 of the California
of Court (if not, explain):
b. ~ After meeting and conferring
(specif))r
Rules of Court, the parties agree on the following
as required by rule 3.724 of the California
20. Total number of pages attached (if any): 1
Iam completely familiar with this case and will be fully prepared to discuss the status of discovery and alternative dispute resolution,
as well as other issues raised by this statement, and will possess the authority to enter into stipulations on these issues at the time of
the case manag)gment C9tlference, including the written authority of the party where re
D.tec p ji g(m~
LARRY G. LUSHANKO
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
(SIGNATURE OF PARTY OR ATTORNEY)
~
(TYPE OR PRINT NAME)
Additional signatures are attached.
CM-110 [Rov. July I, 2011)
Pago S of 0
CASE MANAGEMENT STATEMENT
Cook v. Niderost, and related Cross-actions
Butte County Superior Court Case No. 20CV00905
ATTACHMENT 4b TO CASE MANAGEMENT STATEMENT
The Niderost v. Patterson, et al., portion of the Niderost Cross-complaint was bifurcated
from the Cook v. Niderost, et al., case and was scheduled for trial on February 6, 2022
(collectively called "Niderost v. Patterson Case" ). On December 22, 2021, the Niderost
v. Patterson Case was globally resolved in a Settlement Conference before the
Honorable Judge Stephen E. Benson. Judge Benson assigned the task of drafting the
Settlement Agreement to Attorney Sara Knowles. I, Larry G. Lushanko, received the
first draft of the Settlement Agreement from Ms. Knowles on January 31, 2022.
However, Ms. Knowles forgot to include Mr. Gulley in the Settlement Agreement. I have
not received the revised Settlement Agreement to date from Ms. Knowles. To my
knowledge, there are no outstanding unresolved issues in this case, although this Court
must approve the settlement for purposes of Mr. Niderost's conservatorship.
Cook v. Niderost, and related Cross-Actions
Butte County Superior Court, Case No. 20CV00905
DECLARATION OF SERVICE
I declare that I am over the age of eighteen years, and not a party to the within action. I
am employed in, or am a resident of, the County of San Diego, California; my business address
is 1241 E. Mission Road, Fallbrook, California 92028.
I further declare that on this date I served a copy of the following document(s):
1. Case Management Statement
on the following in the manner described below:
Raymond L. Sandelman Sara M. Knowles
Attorney at Law Leland, Morrissey k Knowles, LLP
196 Cohasset Road, Suite 225 1660 Humboldt Road, Ste. 6
Chico, CA 95926-2284 Chico, CA 95928
(530) 343-5090 (530) 342-4500
Attorney for Plaintiff/Cross-Defendant Attorney for Conservator John Denton
Wayne Cook sknowles@chicolawyer. corn
raymond@sandelmanlaw.corn
Law Office of Raoul J. LeClerc Gene Culley, In Pro Per
P.O. Drawer 111 2756 Alamo Ave
Oroville, CA 95965 Chico, CA 95973
Tele: (530) 533-5661 Fax: (530) 533-0865 (818) 359-3382
rleclercCcitleclerclawo ffice.corn ncullev(Rsbczlobal.net
Attorney for Cross-Defendant Gene Culley Cross-Defendant, In Pro Per
[X ] BY MAIL. I caused such envelope to be placed for collection and mailing following this
firm's ordinary business practices. I am readily familiar with the firm's practice of collection and
processing correspondence for mailing. Under that practice, on the same day that
correspondence is placed for collection and mailing, it is deposited with the U.S. Postal Service
in a sealed envelope with postage fully prepaid. I am aware that on motion of party served,
service is presumed invalid ifpostal cancellation date or postage meter date is more that (1) day
afier date of deposit for mailing in affidavit.
[ ] BY CERTIFIED MAIL. I caused such envelope with postage thereon fufiy prepaid for
Certified Mail Return Receipt Requested to be placed in the United States Mail in Fallbrook,
CA.
[ ] BY EXPRESS MAIL OR ANOTHER METHOD OF DELIVER PROVIDING FOR
OVERNIGHT DELIVERY.
[ ] BY ELECTRONIC FILING AND/OR SERVICE. I served a true copy electronically
with all exhibits.
[ ] BY FEDERAL EXPRESS. I deposited the Federal Express envelope containing the
aforementioned documents in the Federal Express depository located in Fallbrook, California.
[ ] BY PERSONAL SERVICE. I delivered such documents personally.
[ ] BY FACSIMILE SERVICE. I transmitted the foregoing document by facsimile to the
party(s) identified above using the facsimile number(s) indicated and the activity report
generated by said facsimile machine indicated all pages were transmitted without error.
I declare that I am employed in the office of a member of the bar of this court at whose
direction the service was made and under penalty of perjury under the laws of the State of
California that the foregoing is true and correct.
Executed on February 16, 2022
Jenni fge Kriss
Preview
CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY INsme, State Bar number, and address); FOR COURt USE ONLY Larry G. Lushanko (SB 69143) Law Offices of Larry Lushanko 1241 E. Mission Road Fafibrook, CA 92028 2/16/2022 TELEPHDNE NO..(760) 728-9899 FAX NO. Icpftonsg. officeolushankolaw.corn ADDREss (optmnsl)t E-MAIL Cross-Defendant Patterson ATTORNEY FoR IHame) t SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE sTREETADDREss: 1775 Concord Ave. MAILING ADDRESR 'Chico, CA 95928 CITY AND ZIP CODE. BRANcH NAME:North Butte County Courthouse PLAINTIFF/PETITIONER: Wayne A Cook, et al. DEFENDANT/RESPONDENT: Edward F. Nlderost, et sl., snd Related Cross-Actions CASE MANAGEMENT STATEMENT ~ CASE NUMBER: LIMITED CASE 20CV00905 (Checkone)) ~x UNLIMITED CASE (Amount demanded (Amount demanded is $ 25,000 exceeds $ 25,000) orless) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: February 23, 2022 Time: 10:30 a.m. Dept.: 1 Dive Room: Address of court (if diiiereni from the address above); ~x Notice of Intent to Appear by Telephone, by (name)) Larry G. Lushanko INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): ~x This statement is submitted by party (name): Cross-Defendant and Cross-Complainant Laurence Patterson 2. a. b. ~ This statement is submitted jointly by parties (names): Complaint and cross-complaint (lo be answered by piainliifs and cross-compiainanis oniy) a. The complaint was filed on (date): April 22, 2020 b, ~x The cross-complaint, if any, was filed on(daie):June 12, 2020 3 a. ~ Service (io be answered by plaintiffs and cross-compiainanis only) ~ Afi parties named in the complaint and cross-complaint have been served, have appeared, or have been The following parties named in the complaint or cross-complaint dismissed. ~ b. (1) have not been served (specify names and exp/ain why noi)) (2) ~ have been served but have not appeared and have not been dismissed (specity names): (3) ~ have had a default entered against them (specify names] c. ~ The following additional parties may be added (specify names, nature of involvement in case, and date tiy which they may be sewed): 4. Description of case a. Type of case in ~ complaint ~x cross-complaint (Describe, including causes of action): Elder Abuse, Common Count, Civil Conspiracy for Fraud, Declaratory and Injunctive Relief, Breach of Fiduciary Duty, Unconscionability, Predatory Lending, Cancellation of Instruments, and Breach of the Covenant of Good Faith and Fair Dealing Page I of 3 Cal. Rules of Comb Form Adopted for Mandatory Use Judicial Council of California CASE MANAGEMENT STATEMENT rules 3.720-3 730 www.couns ca gou CM-110 IReu. July I, 2011] CM-110 PLAINTIFF/PETITIONER: Wayne A Cook, ei al. CASE NUMBER: DEFENDANT/RESPONDENT: Edward F. NiderOSI, ei Bl., Bnd Related Cross-Actions 20CV00905 4. b. Provide a brief statement of the case, including any damages. (If personal injury damages are sought, specify the injury and damages claimed, including medical expenses to date (/ndica/e source and amount), estimated future medical expenses, lost earnings lo date, and estimated future lost earnings. If equitable relief is sought, describe the nature of the re/ief) See attachment 4b. ~ (If more space is needed, check this box and attach a page designated as Attachment 4b.) Jury or nonjury trial a. The party or parties request ~x requesting a jury trial): a jury trial ~ a nonjury trial.(If more than one party, provide the name of each party Trial date a. b, ~ ~x The trial has been set for(da/e): No trial date has been set. This case will be ready for trial within 12 months of the date of the filing of the complaint (II not, explain): Trial was set for 2/7/22, but was settled at the Settlement Conference on 12/22/21. c. Dates on which parties or attorneys will not be available for trial (spec/fy dates and explain reasons for unava//abi/i/y): Estimated length of trial The party or parties estimate that the trial will take (check one): a. b. ~ ~ days (speci/y number): hours (short causes) (spec//y): Trial representation (Io be answered for each party) The party or parties will be represented at trial a. Attorney: ~x by the attorney or party listed in the caption~ by the following: b. Firm: c. Address: d. Telephone number: f. Fax number: E-mail address: g. Party represented: ~ e. Additional representation is describedinAttachment 8. ~ Preference This case is entitled to preference (spec/fy code sec/ionj: 10. Alternative dispute resolution (ADR) a. ADR information package. Please note that different ADR processes are available in different courts and communities; read the ADR information package provided by the court under rule 3.221 for information about the processes available through the court and community programs in this case. (1) For parties represented by counsel: Counsel ~ has ~ has not provided the ADR information package identified (2) For self-represented parties: Party~ has ~ in rule 3.221 to the client and reviewed ADR options with the client. has not reviewed the ADR information package identified in rule 3.221. b. (1)~ Referral to judicial arbitration or civil action mediation (if available). mediation under Code of Civil Procedure section 1775.3 because the amount in controversy does not or to civil action This matter is subject to mandatory judicial arbitration under Code of Civil Procedure section 1141.11 exceed the (2)~ statutory limit. Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount specified in Code of (3)~ Civil Procedure section 1141.11. mediation under Code of Civil Procedure section1775 etseq. of the California This case is exempt from judicial arbitration under rule 3.811 (specify Rules of Court or from civil action exemption): CM-110 [Rev. July 1, 2011] Page2efg CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: Wayne A Cook, et al. CASE NUMSER: DEFENDANT/RESPONDENT: Edward F. Niderost, el el., snd Related Cross-Actions 20CV00905 10. c, Indicate the ADR process or processes that the party or parties are willing to participate in, have agreed to participate in, or have already participated in (check ail that apply and provide the specified information): The party or parties completing If the party or parties completing this form in the case have agreed to this form are willing to participate in or have already completed an ADR process or processes, participate in the following ADR indicate the status of the processes (arlach a copy of the parties'DR processes (check ail that appiy)i stipulation): ~ ~ Mediation session not yet scheduled Mediation session scheduled for (date): (1) Mediation ~ ~ Agreed to complete mediation by(date): Mediation completed on (date): ~ ~ Settlement conference not yet scheduled Settlement conference scheduled for(dale)i (2) Settlement conference ~ ~ Agreed to complete settlement conference by(date): Settlement conference completed on(date)r ~ ~ Neutral evaluation not yet scheduled Neutral evaluation scheduled for (dale): (3) Neutral evaluation ~ ~ Agreed to complete neutral evaluation by (dale)i Neutral evaluation completed on (date): ~ ~ Judicial arbitration not yet scheduled Judicial arbitration scheduled for (dale): (4) Nonbinding judicial arbitration ~ ~ Agreed to complete judicial arbitration by Judicial arbitration completed on (dale): (date)i ~ ~ Private arbitration not yet scheduled Private arbitration scheduled for(dale): (5) Binding private arbitration ~ ~ Agreed to complete private arbitration by Private arbitration completed on (dale): (daie): ~ ~ ADR session not yet scheduled ADR session scheduled for (date)i (6) Other (specify): ~ ~ Agreed to complete ADR session by (date): ADR completed on (date): CM-1 10 [Rev. July 1, 201 1] page 2 of 5 CASE MANAGEMENT STATEMENT CM-1 10 PLAINTIFF/PETITIONER: Wayne A Cook, et al. CASE NUMBER 20CV00905 rDEFENDANT/RESPONDENT: Edward F. Nidercgt, Bt Bl., and Related Crass-Actions 11. Insurance a. b. ~ Insurance camer, Reservation of rights: ~ if any,for party filing this statement (name): Yes ~ No c. ~ Coverage issues will significantly affect resolution of this case (explain)/ 12. Jurisdiction Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status. ~ Bankruptcy Status: ~ Other (specify): a. ~ 13. Related cases, consolidation, and coordination There are companion, underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: Status: ~ (4) Additional cases are described in Attachment 13a. ~ b. ~ A motion to ~ consolidate coordinate will befiledby(name party): 14. Bifurcation ~ The party or parties intend to file a motion for an order bifurcating, severing, or coordinating the following issues or causes of action (specify moving party, type of motion, and reasons): 15. Other motions ~ (specify moving party, type of mo/ion, and issues): The party or parties expect to file the following motions before trial 6. Discovery 1 a. b. ~ ~ The party or parties have completed all discovery. The following discovery will be completed by the date specwed (describe a// anticipated discovery): Party DbsciigtLOD c. ~ The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify)/ Page 4 of 5 CM-110 [Ref. July 1, 2011] CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: Wayne A Cook, e(al. CASE NUMBER'0CV00905 DEFENDANT/RESPONDENT: Edward F. Niderost, et al., and Related Cross-Actions Economic litigation ~ 17. a. This is a limited civil case (i.eu the amount demanded is $25,000 or less) and the economic litigation procedures in Code of Civil Procedure sections 90-98 will apply to this case. b. ~ This is a limited civil case and a motion to withdraw the case from the economic litigation procedures or for additional tn'al discovery will be filed (ii checked, explain specifically why economic litigation procedures relating to discovery or should not apply to this case): Otherissues 18. ~ The party or parties request that the following additional matters be considered or determined at the case management conference (specify)r 19. Meet and confer a. ~ Rules The party or parties have met and conferred with all parties on all subjects required by rule 3.724 of the California of Court (if not, explain): b. ~ After meeting and conferring (specif))r Rules of Court, the parties agree on the following as required by rule 3.724 of the California 20. Total number of pages attached (if any): 1 Iam completely familiar with this case and will be fully prepared to discuss the status of discovery and alternative dispute resolution, as well as other issues raised by this statement, and will possess the authority to enter into stipulations on these issues at the time of the case manag)gment C9tlference, including the written authority of the party where re D.tec p ji g(m~ LARRY G. LUSHANKO (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) (SIGNATURE OF PARTY OR ATTORNEY) ~ (TYPE OR PRINT NAME) Additional signatures are attached. CM-110 [Rov. July I, 2011) Pago S of 0 CASE MANAGEMENT STATEMENT Cook v. Niderost, and related Cross-actions Butte County Superior Court Case No. 20CV00905 ATTACHMENT 4b TO CASE MANAGEMENT STATEMENT The Niderost v. Patterson, et al., portion of the Niderost Cross-complaint was bifurcated from the Cook v. Niderost, et al., case and was scheduled for trial on February 6, 2022 (collectively called "Niderost v. Patterson Case" ). On December 22, 2021, the Niderost v. Patterson Case was globally resolved in a Settlement Conference before the Honorable Judge Stephen E. Benson. Judge Benson assigned the task of drafting the Settlement Agreement to Attorney Sara Knowles. I, Larry G. Lushanko, received the first draft of the Settlement Agreement from Ms. Knowles on January 31, 2022. However, Ms. Knowles forgot to include Mr. Gulley in the Settlement Agreement. I have not received the revised Settlement Agreement to date from Ms. Knowles. To my knowledge, there are no outstanding unresolved issues in this case, although this Court must approve the settlement for purposes of Mr. Niderost's conservatorship. Cook v. Niderost, and related Cross-Actions Butte County Superior Court, Case No. 20CV00905 DECLARATION OF SERVICE I declare that I am over the age of eighteen years, and not a party to the within action. I am employed in, or am a resident of, the County of San Diego, California; my business address is 1241 E. Mission Road, Fallbrook, California 92028. I further declare that on this date I served a copy of the following document(s): 1. Case Management Statement on the following in the manner described below: Raymond L. Sandelman Sara M. Knowles Attorney at Law Leland, Morrissey k Knowles, LLP 196 Cohasset Road, Suite 225 1660 Humboldt Road, Ste. 6 Chico, CA 95926-2284 Chico, CA 95928 (530) 343-5090 (530) 342-4500 Attorney for Plaintiff/Cross-Defendant Attorney for Conservator John Denton Wayne Cook sknowles@chicolawyer. corn raymond@sandelmanlaw.corn Law Office of Raoul J. LeClerc Gene Culley, In Pro Per P.O. Drawer 111 2756 Alamo Ave Oroville, CA 95965 Chico, CA 95973 Tele: (530) 533-5661 Fax: (530) 533-0865 (818) 359-3382 rleclercCcitleclerclawo ffice.corn ncullev(Rsbczlobal.net Attorney for Cross-Defendant Gene Culley Cross-Defendant, In Pro Per [X ] BY MAIL. I caused such envelope to be placed for collection and mailing following this firm's ordinary business practices. I am readily familiar with the firm's practice of collection and processing correspondence for mailing. Under that practice, on the same day that correspondence is placed for collection and mailing, it is deposited with the U.S. Postal Service in a sealed envelope with postage fully prepaid. I am aware that on motion of party served, service is presumed invalid ifpostal cancellation date or postage meter date is more that (1) day afier date of deposit for mailing in affidavit. [ ] BY CERTIFIED MAIL. I caused such envelope with postage thereon fufiy prepaid for Certified Mail Return Receipt Requested to be placed in the United States Mail in Fallbrook, CA. [ ] BY EXPRESS MAIL OR ANOTHER METHOD OF DELIVER PROVIDING FOR OVERNIGHT DELIVERY. [ ] BY ELECTRONIC FILING AND/OR SERVICE. I served a true copy electronically with all exhibits. [ ] BY FEDERAL EXPRESS. I deposited the Federal Express envelope containing the aforementioned documents in the Federal Express depository located in Fallbrook, California. [ ] BY PERSONAL SERVICE. I delivered such documents personally. [ ] BY FACSIMILE SERVICE. I transmitted the foregoing document by facsimile to the party(s) identified above using the facsimile number(s) indicated and the activity report generated by said facsimile machine indicated all pages were transmitted without error. I declare that I am employed in the office of a member of the bar of this court at whose direction the service was made and under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on February 16, 2022 Jenni fge Kriss