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Raymond L. Sandelman SBN 078020 Superior Court
of Califoonia
Attorney at Law County of Butte
196 Cohasset Road, Suite 225
2/2/2022
Chico, CA 95926-2284
(530) 343-5090 / (530) 343-5091 (FAX)
Email:Raymond@sandelmanlaw.com
Deputy
Attorney for Wayne A. Cook, individually Electronically FILED
and as Trustee of The Wayne A. Cook 1998
Family Trust Dated 12/29/98
SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF BUTTE
10
I WAYNE A. COOK, TRUSTEE OF THE NO.: 20CV00905
12 WAYNE A. COOK 1998 FAMILY
TRUST DATED 12/29/98, NOTICE OF MOTION FOR ORDER
13 Plaintiff, AWARDING ATTORNEY'S FEES TO
WAYNE A. COOK, TRUSTEE AND
14
INDIVIDUALLY; MEMORANDUM OF
15 POINTS AND AUTHORITIES
16 EDWARD F. NIDEROST, et. al., Attached Document: Declaration of Raymond
17 Defendants. L. Sandelman
18 /
Hearing Date: 3/2/2022
19 AND RELATED CROSS COMPLAINTS Hearing Time: 9:00 a.m.
Department: 1
20 / Judge: Tamara Mosbarger
21 Date of Complaint: 4/22/2020
22
23
24 TO JOHN DENTON IN HIS CAPACITY AS CONSERVATOR OF THE ESTATE OF
25 EDWARD NIDEROST AND AS SUCCESSOR TRUSTEE OF EDWARD F. NIDEROST
26 REVOCABLE LIVING TRUST DATED NOVEMBER 8, 1988 AND HIS ATTORNEYS
27 LELAND, MORRISSEY & KNOWLES, LLP:
28 PLEASE TAKE NOTICE that on March 2, 2022, at 9:00 a.m., or as soon thereafter as the
1
NOTICE OF MOTION TO AWARD ATTORNEY'S FEES
matter may be heard, in Department 1 of the above-entitled court, located at 1775 Concord
Avenue, Chico, California, Wayne A. Cook, Trustee of The Wayne A. Cook 1998 Family Trust
Dated 12/29/98, and Wayne A. Cook individually will move the court for an order determining
that they are entitled under Civil Code section 1717 to an award of attorney's fees and fixing the
amount of the attorney's fee awards as follows:
(a) $58,778.20 for legal services on behalf of Wayne Cook, Trustee to collect the debt
described in the Complaint and to defend the note secured by a first deed of trust (both with
attorney’s fee clauses) concerning the Business and Professions Code section 17200 claims of
predatory lending and lack of a broker’s license.
10 (b) $17,330.95 for legal services on behalf of Wayne Cook, Trustee to defend the note
11 secured by a second deed of trust (both with attorney’s fee clauses) concerning the Business and
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Qe 12 Professions Code section 17200 claims of predatory lending and lack of a broker’s license.
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13 (c) $10,642.45 for legal services on behalf of Wayne Cook, individually to defend the
2228
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gge 14 Business and Professions Code section 17200 claims of predatory lending and lack of a broker’s
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AR
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RS EL 15 license with respect to notes and deeds of trusts with attorney’s fee clauses.
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Re ba 16 This motion will be made on the ground the court's judgment dated January 20, 2022 is in
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14 foreclosure of the security can recover attorney's fees and costs. Such an award is the result of the
£48
15 debtor-trustor's voluntary act in bringing an unmeritorious suit which the creditor-beneficiary was
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go 16 required to make expenditures to defend.
17 . . . [When a creditor-beneficiary prevails in an action brought by the
debtor-trustor to restrain foreclosure of the security and is awarded attorney's fees
18 and costs, the subsequent sale of the property at a trustee's sale does not render the
19 judgment for attorney's fees and costs unenforceable. Section 580d does not by its
express terms apply in such a case, nor does the policy behind section 580d dictate
20 such a result. Enforcement of the judgment for attorney's fees and costs is not
simply a subterfuge for the collection of a deficiency on the secured note. The award
21
for attorney's fees and costs is neither measured by, nor interrelated to, a deficiency
22 on the note. Such an award is not attributable to a general condition of the real estate
market, but is the result of the debtor-trustor's voluntary act in bringing an
23 unmeritorious suit which the creditor-beneficiary was required to make expenditures
to defend. The judgment for attorney's fees and costs is entirely independent of the
24
problems encompassed by antideficiency legislation and the enforcement of such a
25 judgment will not affect the parity of remedies such legislation is intended to foster.
26 Passanisi v. Merit-Mcbride Realtors, Inc. (1987) 190 Cal.App.3d 1496, 1509
27 See also Jones v. Union Bank of California (2005) 127 Cal.App.4th 542, 546-547 for a
28)| similar holding.
MEMORANDUM OF POINTS AND AUTHORITIES
5. Wayne Cook Individually Is Entitled To Attorney’s Fees
Cross-Complainants sued Wayne Cook individually on the Business and Professions Code
section 17200 claims. The settlor of a revocable trust is individually liable for claims against the
trustee of the trust (Carolina Casualty Ins. Co. v. L.M. Ross Law Group, LLP (2010) 184
Cal.App.4th 196, 208). Because Wayne Cook was sued as a cross-defendant on the deeds of trust,
he is entitled to attorney’s fees.
(g) [17:795] Nonsignatory's right to fees: Under the reciprocity test, one
not a party to a contract may recover Civ.C. § 1717 fees as prevailing party in an
action on the contract only if it would have been liable for such fees had it lost the
action. [Reynolds Metals Co. v. Alperson (1979) 25 C3d 124, 128-129, 158 CR 1, 3;
Loduca v. Polyzos (2007) 153 CA4th 334, 341, 62 CR3d 780, 784]
10 2) [17:805] Nonsignatory defendants: Similarly, for a nonsignatory
ae defendant seeking to recover Civ.C. § 1717 fees must establish:
ae 11 .
sé — it was sued on a contract with an attorney fee provision;
oe
of 12
ae
BEA
ss
oR . — it prevailed on the contract claim(s); and
B30
Bown 13 . — the opponent would have had a right to recover fees had it
axas
As
igac
Ze
ZeS 14 prevailed. [See Reynolds Metals Co. v. Alperson (1979) 25 C3d 124, 128-129, 158
2538
gé CR 1, 3—right to recover fees as prevailing party turns on whether the prevailing
B<28sa 15 party would have been liable for fees had the other side won; Santisas v. Goodin
$s?
ga
5S
as (1998) 17 C4th 599, 610-611, 71 CR2d 830, 837-838; Brown Bark III, L.P. v.
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Haver (2013) 219 CA4th 809, 818-820, 162 CR3d 9, 16-18]
17 © [17:806] A nonsignatory sued as though a party to the contract (e.g., as
18 alter ego or partner or coventurer of the signatory corporation) can recover fees as a
prevailing party. Because the nonsignatory would have been liable for fees had it
19 lost, is entitled to fees if it prevails. [Citations]
20 Wegner, Fairbank, and Epstein, California Practice Guide: Civil Trials and
Evidence (The Rutter Group 2021)
21
22 Civil Code section 1717 makes the recovery of attorney’s fees mutual and is applicable
23 when there is a claim that a contract is unenforceable.
24 (a) [17:785] Unilateral fee provision: Where the contract specifies that
attorney fees are recoverable by only one of the contracting parties (e.g., “Landlord
25 shall be entitled to attorney fees .-”), aS a matter of law it will be read as
26 authorizing a fee award to whichever party prevails in the litigation. [Civ.C. §
1717(a); Santisas v. Goodin, supra, 17 C4th at 611, 71 CR2d at 837; Pacific Custom
27 Pools, Inc. v. Turner Const. Co., supra, 79 CA4th at 1268, 94 CR2d at 765]
(b) [17:786] Immaterial which parties sue: Notwithstanding contrary
28
language in the fee provision, the reciprocal right conferred by § 1717 applies to an
MEMORANDUM OF POINTS AND AUTHORITIES
action on the contract regardless of who initiates the action. [Pacific Custom Pools,
Inc. v. Turner Const. Co., supra, 79 CA4th at 1268, 94 CR2d at 765; Boyd v. Oscar
Fisher Co. (1989) 210 CA3d 368, 380, 258 CR 473, 479-480] .. .
(c) [17:788] Proving contract unenforceable: A litigant who prevails in an
action on a contract by establishing the contract is invalid, inapplicable,
unenforceable, nonexistent is entitled to a § 1717 attorney fees award whenever the
opposing party would have been entitled to attorney fees under the contract had the
opposing party prevailed. [Santisas v. Goodin, supra, 17 C4th at 611, 71 CR2d at
837-838; Scott Co. of Calif. v. Blount, Inc., supra, 20 C4th at 1113, 86 CR2d at
621; California-American Water Co. v. Marina Coast Water Dist. (2017) 18 CASth
571, 578-579, 227 CR3d 110, 115-116—party successful on action to have contract
declared void because of county water agency's conflict of interest entitled to
attorney fees under § 1717]
Wegner, Fairbank, and Epstein, California Practice Guide: Civil Trials and
10 Evidence (The Rutter Group 2021)
a
ae Il 6. The Fees Have Been Appropriately Allocated
a
48a
Ze 17 (estimated 20% allocated to enforcing the claims in the
Ze
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Complaint and in defending the holder of the note secured
a< a3 18 by the first deed of trust from the unmeritorious Bus. &
Sn
Se
Za Prof. Code §17200 claims in the cross complaint and
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aa 19
Bea amendments by John Denton as trustee and conservator).
20 9/22/2020 Preparation of motion for service of depo subpoena by 0.820
Sheriff (estimated 20% allocated to enforcing the claims
21 in the Complaint and in defending the holder of the note
22 secured by the first deed of trust from the unmeritorious
Bus. & Prof. Code §17200 claims in the cross complaint
23 and amendments by John Denton as trustee and
conservator).
24
9/23/2020 Email from L. Lushanko re: deposition documents, email 0.020
25 to L. Lushanko (estimated 20% allocated to enforcing the
claims in the Complaint and in defending the holder of the
26 note secured by the first deed of trust from the
unmeritorious Bus. & Prof. Code §17200 claims in the
27
cross complaint and amendments by John Denton as
28 trustee and conservator).
6
DECLARATION OF RAYMOND L. SANDELMAN IN SUPPORT OF JUDGMENT
9/23/2020 Email to client re: status (estimated 20% allocated to 0.020
enforcing the claims in the Complaint and in defending
the holder of the note secured by the first deed of trust
from the unmeritorious Bus. & Prof. Code §17200 claims
in the cross complaint and amendments by John Denton as
trustee and conservator).
9/24/2020 Attendance at court ex parte applications, conference with 0.240
client(estimated 20% allocated to enforcing the claims in
the Complaint and in defending the holder of the note
secured by the first deed of trust from the unmeritorious
Bus. & Prof. Code §17200 claims in the cross complaint
and amendments by John Denton as trustee and
conservator).
9/25/2020 Email to client re: status (estimated 20% allocated to 0.020
enforcing the claims in the Complaint and in defending
10 the holder of the note secured by the first deed of trust
11 from the unmeritorious Bus. & Prof. Code §17200 claims
in the cross complaint and amendments by John Denton as
12 trustee and conservator).
9/25/2020 Email from L. Lushanko, email to L. Lushanko (counsel 0.040
13
for Patterson) re: depositions (estimated 20% allocated to
14 enforcing the claims in the Complaint and in defending
Be
ag
<é the holder of the note secured by the first deed of trust
oe 15 from the unmeritorious Bus. & Prof. Code §17200 claims
gs
225
g<= in the cross complaint and amendments by John Denton as
Hog
ee
16
trustee and conservator).
BSRag
geo 17 9/25/2020 Email to D. Griffith and S. Knowles postponing 0.020
geS
65
gE depos(estimated 20% allocated to enforcing the claims in
Beas
Za
18 the Complaint and in defending the holder of the note
Se
Za
5S 19 secured by the first deed of trust from the unmeritorious
8B
gS Bus. & Prof. Code §17200 claims in the cross complaint
20 and amendments by John Denton as trustee and
conservator).
21 10/14/2020 Review of application for appointment of guardian ad 0.160
22 litem, prepare opposition brief (estimated 20% allocated to
enforcing the claims in the Complaint and in defending the
23 holder of the note secured by the first deed of trust from
the unmeritorious Bus. & Prof. Code §17200 claims in the
24
cross complaint and amendments by John Denton as trustee
25 and conservator).
10/28/2020 Attendance at court: case management conference 0.080
26 (estimated 20% allocated to enforcing the claims in the
27 Complaint and in defending the holder of the note secured
by the first deed of trust from the unmeritorious Bus. &
28 Prof. Code §17200 claims in the cross complaint and
amendments by John Denton as trustee and conservator).
7
DECLARATION OF RAYMOND L. SANDELMAN IN SUPPORT OF JUDGMENT.
11/3/2020 Preparation of motion for trial preference, separate trials, 0.340
meeting with client (estimated 20% allocated to enforcing
the claims in the Complaint and in defending the holder of
the note secured by the first deed of trust from the
unmeritorious Bus. & Prof. Code §17200 claims in the
cross complaint and amendments by John Denton as
trustee and conservator).
11/4/2020 Preparation of motion for judgment on the pleadings as to 0.540
the cross complaint (estimated 20% allocated to enforcing
the claims in the Complaint and in defending the holder of
the note secured by the first deed of trust from the
unmeritorious Bus. & Prof. Code §17200 claims in the
cross complaint and amendments by John Denton as
trustee and conservator).
11/10/2020 Emails to E. Williams and S. Knowles re: deposition 0.200
10 dates (estimated 20% allocated to enforcing the claims in
il the Complaint and in defending the holder of the note
secured by the first deed of trust from the unmeritorious
12 Bus. & Prof. Code §17200 claims in the cross complaint
and amendments by John Denton as trustee and
13
conservator).
14 11/12/2020 Preparation of proposed stipulation re: motions for 0.200
ao
ag judgment on the pleadings, email to S. Knowles
<é
oe 15 11/16/2020 Telephone call with E. Williams (counsel for Niderost), 0.060
gs
225
Bsza emails to Williams with documents (estimated 20%
B30 16
allocated to enforcing the claims in the Complaint and in
48aT
ze
ZEL
17 defending the holder of the note secured by the first deed
S5a
§eag of trust from the unmeritorious Bus. & Prof. Code §17200
ZZ on 18 claims in the cross complaint and amendments by John
aa
Se
ga Denton as trustee and conservator).
5S
aR 19
BS
ge 11/16/2020 Emails to S. Knowles re: discovery, email to S. Knowles 0.140
20 re: request for a continuance of hearing on motions for
judgment on the pleadings (estimated 20% allocated to
21
enforcing the claims in the Complaint and in defending the
22 holder of the note secured by the first deed of trust from
the unmeritorious Bus. & Prof. Code §17200 claims in the
23 cross complaint and amendments by John Denton as trustee
and conservator).
24
11/18/2020 Preparation of deposition notice of J. Denton (estimated 0.680
25 40% allocated to enforcing the claims in the Complaint and
in defending the holder of the note secured by the first deed
26 of trust from the unmeritorious Bus. & Prof. Code §17200
27 claims in the cross complaint and amendments by John
Denton as trustee and conservator).
28 11/19/2020 Preparation of motion to compel discovery 1.500
8
DECLARATION OF RAYMOND L. SANDELMAN IN SUPPORT OF JUDGMENT
11/2020 Preparation of second discovery motion 0.800
11/20/2020 Revision of deposition notice (estimated 20% allocated to 0.060
enforcing the claims in the Complaint and in defending the
holder of the note secured by the first deed of trust from
the unmeritorious Bus. & Prof. Code §17200 claims in the
cross complaint and amendments by John Denton as trustee
and conservator).
11/20/2020 Email to client re: status, email to L. Lushanko requesting 0.040
copies of Mid Valley Title documents (estimated 20%
allocated to enforcing the claims in the Complaint and in
defending the holder of the note secured by the first deed
of trust from the unmeritorious Bus. & Prof. Code §17200
claims in the cross complaint and amendments by John
Denton as trustee and conservator).
10 11/24/2020 Preparation of case management statement, deposition 0.120
notice for Niderost depo, notice and acknowledgment of
11 receipt, email to E. Williams (estimated 20% allocated to
12 enforcing the claims in the Complaint and in defending the
holder of the note secured by the first deed of trust from
13 the unmeritorious Bus. & Prof. Code §17200 claims in the
cross complaint and amendments by John Denton as trustee
So 14
ae and conservator).
<é
oe 11/24/2020 Telephone call with client re: settlement, email to client 0.060
15
os with draft of a settlement proposal (estimated 20%
225
Ba
og 16 allocated to enforcing the claims in the Complaint and in
gage
as
Zags defending the holder of the note secured by the first deed
wgac
Zex
17
Ze of trust from the unmeritorious Bus. & Prof. Code §17200
B3s
62a8
18 claims in the cross complaint and amendments by John
g<52
So
Za Denton as trustee and conservator).
gS 19 11/24/2020 Email to all counsel re: available trial dates (estimated 20% 0.020
gs
Bo
20 allocated to enforcing the claims in the Complaint and in
defending the holder of the note secured by the first deed
21 of trust from the unmeritorious Bus. & Prof. Code §17200
claims in the cross complaint and amendments by John
22 Denton as trustee and conservator).
23 11/24/2020 Email to S. Knowles re: depo dates (estimated 20% 0.020
allocated to enforcing the claims in the Complaint and in
24 defending the holder of the note secured by the first deed
of trust from the unmeritorious Bus. & Prof. Code §17200
25
claims in the cross complaint and amendments by John
26 Denton as trustee and conservator).
11/25/2020 Emails from S. Knowles re: available dates, emails to S. 0.120
27 Knowles re: need to select reasonable dates (estimated 20%
allocated to enforcing the claims in the Complaint and in
28
defending the holder of the note secured by the first deed
9
DECLARATION OF RAYMOND L. SANDELMAN IN SUPPORT OF JUDGMENT
of trust from the unmeritorious Bus. & Prof. Code §17200
claims in the cross complaint and amendments by John
Denton as trustee and conservator).
11/25/2020 Email to S. Knowles requesting documents (estimated 20% 0.040
allocated to enforcing the claims in the Complaint and in
defending the holder of the note secured by the first deed
of trust from the unmeritorious Bus. & Prof. Code §17200
claims in the cross complaint and amendments by John
Denton as trustee and conservator).
12/1/2020 Email to W. Cook re: Denton deposition (estimated 20% 0.020
allocated to enforcing the claims in the Complaint and in
defending the holder of the note secured by the first deed
of trust from the unmeritorious Bus. & Prof. Code §17200
claims in the cross complaint and amendments by John
Denton as trustee and conservator).
10 12/1/2020 Email to S. Knowles re: deposition of Denton (estimated 0.040
11 20% allocated to enforcing the claims in the Complaint and
in defending the holder of the note secured by the first deed
12 of trust from the unmeritorious Bus. & Prof. Code §17200
claims in the cross complaint and amendments by John
13
Denton as trustee and conservator).
ao 14 12/1/2020 Email from E. Williams re: depo of Niderost (estimated 0.020
ae 20% allocated to enforcing the claims in the Complaint and
<é
ge 15 in defending the holder of the note secured by the first deed
283
BUS of trust from the unmeritorious Bus. & Prof. Code §17200
Ba
o¢ 16
Ze
San claims in the cross complaint and amendments by John
ae
aR
oe 17 Denton as trustee and conservator).
aZe>
BESS
B2ag 12/1/2020 Review of opposition brief to discovery motion (estimated 0.060
g2ge
Sm
Sg
ga
18 20% allocated to enforcing the claims in the Complaint and
19 in defending the holder of the note secured by the first deed
58
BS
ge of trust from the unmeritorious Bus. & Prof. Code §17200
20 claims in the cross complaint and amendments by John
Denton as trustee and conservator).
21 12/2/2020 Email to client re: status (estimated 40% allocated to 0.040
22 enforcing the claims in the Complaint and in defending the
holder of the note secured by the first deed of trust from
23 the unmeritorious Bus. & Prof. Code §17200 claims in the
cross complaint and amendments by John Denton as trustee
24
and conservator).
25 12/7/2020 Preparation of reply briefs for discovery motions 0.320
(estimated 20% allocated to enforcing the claims in the
26 Complaint and in defending the holder of the note secured
by the first deed of trust from the unmeritorious Bus. &
27
Prof. Code §17200 claims in the cross complaint and
28 amendments by John Denton as trustee and conservator).
10
DECLARATION OF RAYMOND L. SANDELMAN IN SUPPORT OF JUDGMENT
12/7/2020 Email from E. Williams re: trial availability (estimated 0.020
20% allocated to enforcing the claims in the Complaint and
in defending the holder of the note secured by the first deed
of trust from the unmeritorious Bus. & Prof. Code §17200
claims in the cross complaint and amendments by John
Denton as trustee and conservator).
12/8/2020 Email to client re: upcoming events (estimated 20% 0.040
allocated to enforcing the claims in the Complaint and in
defending the holder of the note secured by the first deed
of trust from the unmeritorious Bus. & Prof. Code §17200
claims in the cross complaint and amendments by John
Denton as trustee and conservator).
12/9/2020 Attendance at court: motion for judgment on the pleadings 0.120
(estimated 20% allocated to enforcing the claims in the
Complaint and in defending the holder of the note secured
10 by the first deed of trust from the unmeritorious Bus. &
1 Prof. Code §17200 claims in the cross complaint and
amendments by John Denton as trustee and conservator).
12 12/9/2020 Email from E. Williams, legal research, email to E. 0.180
Williams re: capacity to testify (estimated 20% allocated to
13
enforcing the claims in the Complaint and in defending the
14 holder of the note secured by the first deed of trust from
a.
ag
sé
the unmeritorious Bus. & Prof. Code §17200 claims in the
SE 15
os cross complaint and amendments by John Denton as trustee
229
B< and conservator).
AOF 16
Sauna 12/9/2020 Email to other counsel re: motion for protective order and 0.040
ards
>is
eas
Ze 17 delay in deposition of Niderost (estimated 20% allocated to
ge~
B2ag enforcing the claims in the Complaint and in defending the
220% 18 holder of the note secured by the first deed of trust from
sg
ga
19 the unmeritorious Bus. & Prof. Code §17200 claims in the
5S
ga cross complaint and amendments by John Denton as trustee
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20 and conservator).
12/10/2020 Telephone call with E. Williams re: motion for a protective 0.060
21 order, email to J. Sheehan re: scheduling an appointment
22 with Culley (estimated 20% allocated to enforcing the
claims in the Complaint and in defending the holder of the
23 note secured by the first deed of trust from the
unmeritorious Bus. & Prof. Code §17200 claims in the
24
cross complaint and amendments by John Denton as trustee
25 and conservator).
12/10/2020 Preparation of discovery to defendants (estimated 20% 0.300
26 allocated to enforcing the claims in the Complaint and in
defending the holder of the note secured by the first deed
27
of trust from the unmeritorious Bus. & Prof. Code §17200
28 claims in the cross complaint and amendments by John
Denton as trustee and conservator).
ll
DECLARATION OF RAYMOND L. SANDELMAN IN SUPPORT OF JUDGMENT
12/11/2020 Telephone call with L. Lushanko re: status (estimated 20% 0.220
allocated to enforcing the claims in the Complaint and in
defending the holder of the note secured by the first deed
of trust from the unmeritorious Bus. & Prof. Code §17200
claims in the cross complaint and amendments by John
Denton as trustee and conservator).
12/11/2020 Email to E. Williams re: documents (estimated 20% 0.020
allocated to enforcing the claims in the Complaint and in
defending the holder of the note secured by the first deed
of trust from the unmeritorious Bus. & Prof. Code §17200
claims in the cross complaint and amendments by John
Denton as trustee and conservator).
12/15/2020 Review of motion for protective order, email to court 0.900
reporter and counsel re: postponement of deposition,
telephone call with G. Culley re: Niderost’s ability to
10 testify, email to S. Knowles re: court hearings on 12/16
11 12/15/2020 Email to G. Culley re: Niderost incapacity (estimated 20% 0.020
allocated to enforcing the claims in the Complaint and in
12 defending the holder of the note secured by the first deed
of trust from the unmeritorious Bus. & Prof. Code §17200
13
claims in the cross complaint and amendments by John
14 Denton as trustee and conservator).
Bo
ag
<é
12/15/2020 Email to E. Williams requesting documents (estimated 0.020
oe 1S 20% allocated to enforcing the claims in the Complaint and
BeBS5ag3oR 16
in defending the holder of the note secured by the first deed
B30
aan of trust from the unmeritorious Bus. & Prof. Code §17200
gs
as
age 17 claims in the cross complaint and amendments by John
geS
SBS
ag Denton as trustee and conservator).
Eaas
wease
Ze
ZeS
17 Prof. Code §17200 claims in the cross complaint and
$ £2 amendments by John Denton as trustee and conservator).
g< 6a 18 12/1/2020 Email from E. Williams re: depo of Niderost (estimated 0.020
za
Sf
La 20% allocated to defending the holder of the note secured
He
aS 19
aS by the second deed of trust from the unmeritorious Bus. &
20 Prof. Code §17200 claims in the cross complaint and
amendments by John Denton as trustee and conservator).
21 12/1/2020 Review of opposition brief to discovery motion (estimated 0.060
22 20% allocated to defending the holder of the note secured
by the second deed of trust from the unmeritorious Bus. &
23 Prof. Code §17200 claims in the cross complaint and
amendments by John Denton as trustee and conservator).
24
12/2/2020 Email to client re: status (estimated 20% allocated to 0.020
25 defending the holder of the note secured by the second deed
of trust from the unmeritorious Bus. & Prof. Code §17200
26 claims in the cross complaint and amendments by John
27 Denton as trustee and conservator).
12/7/2020 Preparation of reply briefs for discovery motions 0.320
28 (estimated 20% allocated to defending the holder of the
note secured by the second deed of trust from the
32,
DECLARATION OF RAYMOND L. SANDELMAN IN SUPPORT OF JUDGMENT
unmeritorious Bus. & Prof. Code §17200 claims in the
cross complaint and amendments by John Denton as trustee
and conservator).
12/8/2020 Email to client re: upcoming events (estimated 20% 0.020
allocated to defending the holder of the note secured by the
second deed of trust from the unmeritorious Bus. & Prof.
Code §17200 claims in the cross complaint and
amendments by John Denton as trustee and conservator).
12/9/2020 Attendance at court: motion for judgment on the pleadings 0.240
(estimated 40% allocated to defending the holder of the
note secured by the second deed of trust from the
unmeritorious Bus. & Prof. Code §17200 claims in the
cross complaint and amendments by John Denton as trustee
and conservator).
12/9/2020 Email from E. Williams, legal research, email to E. 0.180
10 Williams re: capacity to testify (estimated 20% allocated to
Il defending the holder of the note secured by the second deed
of trust from the unmeritorious Bus. & Prof. Code §17200
12 claims in the cross complaint and amendments by John
Denton as trustee and conservator).
13
12/9/2020 Email to other counsel re: motion for protective order and 0.040
Se 14 delay in deposition of Niderost (estimated 20% allocated to
ae defending the holder of the note secured by the second deed
be 1S
os of trust from the unmeritorious Bus. & Prof. Code §17200
Boass
claims in the cross complaint and amendments by John
oF 16
Souk Denton as trustee and conservator).
GRR 12/10/2020 Telephone call with E. Williams re: motion for a protective 0.060
iba 17
gs~
&5 order, email to J. Sheehan re: scheduling an appointment
ger
g<88 18 with Culley (estimated 20% allocated to defending the
za
Za holder of the note secured by the second deed of trust from
5S
aa 19
Ba
ge the unmeritorious Bus. & Prof. Code §17200 claims in the
20 cross complaint and amendments by John Denton as trustee
and conservator).
21 12/15/2020 Review of motion for protective order, email to court 0.180
22 reporter and counsel re: postponement of deposition,
telephone call with G. Culley re: Niderost’s ability to
23 testify, email to S. Knowles re: court hearings on 12/16
(estimated 20% allocated to defending the holder of the
24
note secured by the second deed of trust from the
25 unmeritorious Bus. & Prof. Code §17200 claims in the
cross complaint and amendments by John Denton as trustee
26 and conservator).
27 12/15/2020 Email to client re: Niderost deposition (estimated 20% 0.020
allocated to defending the holder of the note secured by the
28 second deed of trust from the unmeritorious Bus. & Prof.
33
DECLARATION OF RAYMOND L. SANDELMAN IN SUPPORT OF JUDGMENT
Code §17200 claims in the cross complaint and
amendments by John Denton as trustee and conservator).
12/22/2020 Review of documents subpoenaed from Mid Valley Title, 0.660
review of responses to discovery, email to S. Knowles re:
inadequate responses to discovery (estimated 20%
allocated to defending the holder of the note secured by the
second deed of trust from the unmeritorious Bus. & Prof.
Code §17200 claims in the cross complaint and
amendments by John Denton as trustee and conservator).
12/29/2020 Deposition of J. Denton 7.000
12/30/2020 Revision of opposition to motion for protective order 0.200
(estimated 20% allocated to defending the holder of the
note secured by the second deed of trust from the
unmeritorious Bus. & Prof. Code §17200 claims in the
10 cross complaint and amendments by John Denton as trustee
and conservator).
11 1/5/221 Preparation of motion for issue sanctions (estimated 20% 0.320
12 allocated to defending the holder of the note secured by the
second deed of trust from the unmeritorious Bus. & Prof.
13 Code §17200 claims in the cross complaint and
amendments by John Denton as trustee and conservator).
ao 14 1/11/2021
ae Preparation of summary of deposition testimony of J. 0.580
<é
oe Denton (estimated 20% allocated to defending the holder
15
Reg5
gs of the note secured by the second deed of trust from the
Bis
ions
Ze 17 review of responses to discovery, email to S. Knowles re:
ges
6e as inadequate responses to discovery (estimated 10%
gi ak
Sa
18 allocated to defending Wayne Cook, individually as a
ga person who was potentially liable for claims against the
BS 19
gs
ge holder of the note secured by the second deed of trust from
20 the unmeritorious Bus. & Prof. Code §17200 claims in the
cross complaint and amendments by John Denton as trustee
21 and conservator).
22 12/29/2020 Deposition of J. Denton 7.000
23 12/30/2020 Revision of opposition to motion for protective order 0.100
(estimated 10% allocated to defending Wayne Cook,
24 individually as a person who was potentially liable for
claims against the holder of the note secured by the second
25
deed of trust from the unmeritorious Bus. & Prof. Code
26 §17200 claims in the cross complaint and amendments by
John Denton as trustee and conservator).
27 1/5/221 Preparation of motion for issue sanctions (estimated 10% 0.160
28 allocated to defending Wayne Cook, individually as a
person who was potentially liable for claims against the
49
DECLARATION OF RAYMOND L. SANDELMAN IN SUPPORT OF JUDGMENT
holder of the note secured by the second deed of trust from
the unmeritorious Bus. & Prof. Code §17200 claims in the
cross complaint and amendments by John Denton as trustee
and conservator).
1/11/2021 Preparation of summary of deposition testimony of J. 0.290
Denton (estimated 10% allocated to defending Wayne
Cook, individually as a person who was potentially liable
for claims against the holder of the note secured by the
second deed of trust from the unmeritorious Bus. & Prof.
Code §17200 claims in the cross complaint and
amendments by John Denton as trustee and conservator).
Preview
Raymond L. Sandelman SBN 078020 Superior Court of Califoonia Attorney at Law County of Butte 196 Cohasset Road, Suite 225 2/2/2022 Chico, CA 95926-2284 (530) 343-5090 / (530) 343-5091 (FAX) Email:Raymond@sandelmanlaw.com Deputy Attorney for Wayne A. Cook, individually Electronically FILED and as Trustee of The Wayne A. Cook 1998 Family Trust Dated 12/29/98 SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF BUTTE 10 I WAYNE A. COOK, TRUSTEE OF THE NO.: 20CV00905 12 WAYNE A. COOK 1998 FAMILY TRUST DATED 12/29/98, NOTICE OF MOTION FOR ORDER 13 Plaintiff, AWARDING ATTORNEY'S FEES TO WAYNE A. COOK, TRUSTEE AND 14 INDIVIDUALLY; MEMORANDUM OF 15 POINTS AND AUTHORITIES 16 EDWARD F. NIDEROST, et. al., Attached Document: Declaration of Raymond 17 Defendants. L. Sandelman 18 / Hearing Date: 3/2/2022 19 AND RELATED CROSS COMPLAINTS Hearing Time: 9:00 a.m. Department: 1 20 / Judge: Tamara Mosbarger 21 Date of Complaint: 4/22/2020 22 23 24 TO JOHN DENTON IN HIS CAPACITY AS CONSERVATOR OF THE ESTATE OF 25 EDWARD NIDEROST AND AS SUCCESSOR TRUSTEE OF EDWARD F. NIDEROST 26 REVOCABLE LIVING TRUST DATED NOVEMBER 8, 1988 AND HIS ATTORNEYS 27 LELAND, MORRISSEY & KNOWLES, LLP: 28 PLEASE TAKE NOTICE that on March 2, 2022, at 9:00 a.m., or as soon thereafter as the 1 NOTICE OF MOTION TO AWARD ATTORNEY'S FEES matter may be heard, in Department 1 of the above-entitled court, located at 1775 Concord Avenue, Chico, California, Wayne A. Cook, Trustee of The Wayne A. Cook 1998 Family Trust Dated 12/29/98, and Wayne A. Cook individually will move the court for an order determining that they are entitled under Civil Code section 1717 to an award of attorney's fees and fixing the amount of the attorney's fee awards as follows: (a) $58,778.20 for legal services on behalf of Wayne Cook, Trustee to collect the debt described in the Complaint and to defend the note secured by a first deed of trust (both with attorney’s fee clauses) concerning the Business and Professions Code section 17200 claims of predatory lending and lack of a broker’s license. 10 (b) $17,330.95 for legal services on behalf of Wayne Cook, Trustee to defend the note 11 secured by a second deed of trust (both with attorney’s fee clauses) concerning the Business and Bo Qe 12 Professions Code section 17200 claims of predatory lending and lack of a broker’s license. <é gE 13 (c) $10,642.45 for legal services on behalf of Wayne Cook, individually to defend the 2228 RS Ao¢ gge 14 Business and Professions Code section 17200 claims of predatory lending and lack of a broker’s a<8e6 AR oes ZES RS EL 15 license with respect to notes and deeds of trusts with attorney’s fee clauses. Sag ge oR Re ba 16 This motion will be made on the ground the court's judgment dated January 20, 2022 is in e? be BS 8S 14 foreclosure of the security can recover attorney's fees and costs. Such an award is the result of the £48 15 debtor-trustor's voluntary act in bringing an unmeritorious suit which the creditor-beneficiary was ga gs ga ga go 16 required to make expenditures to defend. 17 . . . [When a creditor-beneficiary prevails in an action brought by the debtor-trustor to restrain foreclosure of the security and is awarded attorney's fees 18 and costs, the subsequent sale of the property at a trustee's sale does not render the 19 judgment for attorney's fees and costs unenforceable. Section 580d does not by its express terms apply in such a case, nor does the policy behind section 580d dictate 20 such a result. Enforcement of the judgment for attorney's fees and costs is not simply a subterfuge for the collection of a deficiency on the secured note. The award 21 for attorney's fees and costs is neither measured by, nor interrelated to, a deficiency 22 on the note. Such an award is not attributable to a general condition of the real estate market, but is the result of the debtor-trustor's voluntary act in bringing an 23 unmeritorious suit which the creditor-beneficiary was required to make expenditures to defend. The judgment for attorney's fees and costs is entirely independent of the 24 problems encompassed by antideficiency legislation and the enforcement of such a 25 judgment will not affect the parity of remedies such legislation is intended to foster. 26 Passanisi v. Merit-Mcbride Realtors, Inc. (1987) 190 Cal.App.3d 1496, 1509 27 See also Jones v. Union Bank of California (2005) 127 Cal.App.4th 542, 546-547 for a 28)| similar holding. MEMORANDUM OF POINTS AND AUTHORITIES 5. Wayne Cook Individually Is Entitled To Attorney’s Fees Cross-Complainants sued Wayne Cook individually on the Business and Professions Code section 17200 claims. The settlor of a revocable trust is individually liable for claims against the trustee of the trust (Carolina Casualty Ins. Co. v. L.M. Ross Law Group, LLP (2010) 184 Cal.App.4th 196, 208). Because Wayne Cook was sued as a cross-defendant on the deeds of trust, he is entitled to attorney’s fees. (g) [17:795] Nonsignatory's right to fees: Under the reciprocity test, one not a party to a contract may recover Civ.C. § 1717 fees as prevailing party in an action on the contract only if it would have been liable for such fees had it lost the action. [Reynolds Metals Co. v. Alperson (1979) 25 C3d 124, 128-129, 158 CR 1, 3; Loduca v. Polyzos (2007) 153 CA4th 334, 341, 62 CR3d 780, 784] 10 2) [17:805] Nonsignatory defendants: Similarly, for a nonsignatory ae defendant seeking to recover Civ.C. § 1717 fees must establish: ae 11 . sé — it was sued on a contract with an attorney fee provision; oe of 12 ae BEA ss oR . — it prevailed on the contract claim(s); and B30 Bown 13 . — the opponent would have had a right to recover fees had it axas As igac Ze ZeS 14 prevailed. [See Reynolds Metals Co. v. Alperson (1979) 25 C3d 124, 128-129, 158 2538 gé CR 1, 3—right to recover fees as prevailing party turns on whether the prevailing B<28sa 15 party would have been liable for fees had the other side won; Santisas v. Goodin $s? ga 5S as (1998) 17 C4th 599, 610-611, 71 CR2d 830, 837-838; Brown Bark III, L.P. v. BS geo 16 Haver (2013) 219 CA4th 809, 818-820, 162 CR3d 9, 16-18] 17 © [17:806] A nonsignatory sued as though a party to the contract (e.g., as 18 alter ego or partner or coventurer of the signatory corporation) can recover fees as a prevailing party. Because the nonsignatory would have been liable for fees had it 19 lost, is entitled to fees if it prevails. [Citations] 20 Wegner, Fairbank, and Epstein, California Practice Guide: Civil Trials and Evidence (The Rutter Group 2021) 21 22 Civil Code section 1717 makes the recovery of attorney’s fees mutual and is applicable 23 when there is a claim that a contract is unenforceable. 24 (a) [17:785] Unilateral fee provision: Where the contract specifies that attorney fees are recoverable by only one of the contracting parties (e.g., “Landlord 25 shall be entitled to attorney fees .-”), aS a matter of law it will be read as 26 authorizing a fee award to whichever party prevails in the litigation. [Civ.C. § 1717(a); Santisas v. Goodin, supra, 17 C4th at 611, 71 CR2d at 837; Pacific Custom 27 Pools, Inc. v. Turner Const. Co., supra, 79 CA4th at 1268, 94 CR2d at 765] (b) [17:786] Immaterial which parties sue: Notwithstanding contrary 28 language in the fee provision, the reciprocal right conferred by § 1717 applies to an MEMORANDUM OF POINTS AND AUTHORITIES action on the contract regardless of who initiates the action. [Pacific Custom Pools, Inc. v. Turner Const. Co., supra, 79 CA4th at 1268, 94 CR2d at 765; Boyd v. Oscar Fisher Co. (1989) 210 CA3d 368, 380, 258 CR 473, 479-480] .. . (c) [17:788] Proving contract unenforceable: A litigant who prevails in an action on a contract by establishing the contract is invalid, inapplicable, unenforceable, nonexistent is entitled to a § 1717 attorney fees award whenever the opposing party would have been entitled to attorney fees under the contract had the opposing party prevailed. [Santisas v. Goodin, supra, 17 C4th at 611, 71 CR2d at 837-838; Scott Co. of Calif. v. Blount, Inc., supra, 20 C4th at 1113, 86 CR2d at 621; California-American Water Co. v. Marina Coast Water Dist. (2017) 18 CASth 571, 578-579, 227 CR3d 110, 115-116—party successful on action to have contract declared void because of county water agency's conflict of interest entitled to attorney fees under § 1717] Wegner, Fairbank, and Epstein, California Practice Guide: Civil Trials and 10 Evidence (The Rutter Group 2021) a ae Il 6. The Fees Have Been Appropriately Allocated a 48a Ze 17 (estimated 20% allocated to enforcing the claims in the Ze SE? Complaint and in defending the holder of the note secured a< a3 18 by the first deed of trust from the unmeritorious Bus. & Sn Se Za Prof. Code §17200 claims in the cross complaint and 5S aa 19 Bea amendments by John Denton as trustee and conservator). 20 9/22/2020 Preparation of motion for service of depo subpoena by 0.820 Sheriff (estimated 20% allocated to enforcing the claims 21 in the Complaint and in defending the holder of the note 22 secured by the first deed of trust from the unmeritorious Bus. & Prof. Code §17200 claims in the cross complaint 23 and amendments by John Denton as trustee and conservator). 24 9/23/2020 Email from L. Lushanko re: deposition documents, email 0.020 25 to L. Lushanko (estimated 20% allocated to enforcing the claims in the Complaint and in defending the holder of the 26 note secured by the first deed of trust from the unmeritorious Bus. & Prof. Code §17200 claims in the 27 cross complaint and amendments by John Denton as 28 trustee and conservator). 6 DECLARATION OF RAYMOND L. SANDELMAN IN SUPPORT OF JUDGMENT 9/23/2020 Email to client re: status (estimated 20% allocated to 0.020 enforcing the claims in the Complaint and in defending the holder of the note secured by the first deed of trust from the unmeritorious Bus. & Prof. Code §17200 claims in the cross complaint and amendments by John Denton as trustee and conservator). 9/24/2020 Attendance at court ex parte applications, conference with 0.240 client(estimated 20% allocated to enforcing the claims in the Complaint and in defending the holder of the note secured by the first deed of trust from the unmeritorious Bus. & Prof. Code §17200 claims in the cross complaint and amendments by John Denton as trustee and conservator). 9/25/2020 Email to client re: status (estimated 20% allocated to 0.020 enforcing the claims in the Complaint and in defending 10 the holder of the note secured by the first deed of trust 11 from the unmeritorious Bus. & Prof. Code §17200 claims in the cross complaint and amendments by John Denton as 12 trustee and conservator). 9/25/2020 Email from L. Lushanko, email to L. Lushanko (counsel 0.040 13 for Patterson) re: depositions (estimated 20% allocated to 14 enforcing the claims in the Complaint and in defending Be ag <é the holder of the note secured by the first deed of trust oe 15 from the unmeritorious Bus. & Prof. Code §17200 claims gs 225 g<= in the cross complaint and amendments by John Denton as Hog ee 16 trustee and conservator). BSRag geo 17 9/25/2020 Email to D. Griffith and S. Knowles postponing 0.020 geS 65 gE depos(estimated 20% allocated to enforcing the claims in Beas Za 18 the Complaint and in defending the holder of the note Se Za 5S 19 secured by the first deed of trust from the unmeritorious 8B gS Bus. & Prof. Code §17200 claims in the cross complaint 20 and amendments by John Denton as trustee and conservator). 21 10/14/2020 Review of application for appointment of guardian ad 0.160 22 litem, prepare opposition brief (estimated 20% allocated to enforcing the claims in the Complaint and in defending the 23 holder of the note secured by the first deed of trust from the unmeritorious Bus. & Prof. Code §17200 claims in the 24 cross complaint and amendments by John Denton as trustee 25 and conservator). 10/28/2020 Attendance at court: case management conference 0.080 26 (estimated 20% allocated to enforcing the claims in the 27 Complaint and in defending the holder of the note secured by the first deed of trust from the unmeritorious Bus. & 28 Prof. Code §17200 claims in the cross complaint and amendments by John Denton as trustee and conservator). 7 DECLARATION OF RAYMOND L. SANDELMAN IN SUPPORT OF JUDGMENT. 11/3/2020 Preparation of motion for trial preference, separate trials, 0.340 meeting with client (estimated 20% allocated to enforcing the claims in the Complaint and in defending the holder of the note secured by the first deed of trust from the unmeritorious Bus. & Prof. Code §17200 claims in the cross complaint and amendments by John Denton as trustee and conservator). 11/4/2020 Preparation of motion for judgment on the pleadings as to 0.540 the cross complaint (estimated 20% allocated to enforcing the claims in the Complaint and in defending the holder of the note secured by the first deed of trust from the unmeritorious Bus. & Prof. Code §17200 claims in the cross complaint and amendments by John Denton as trustee and conservator). 11/10/2020 Emails to E. Williams and S. Knowles re: deposition 0.200 10 dates (estimated 20% allocated to enforcing the claims in il the Complaint and in defending the holder of the note secured by the first deed of trust from the unmeritorious 12 Bus. & Prof. Code §17200 claims in the cross complaint and amendments by John Denton as trustee and 13 conservator). 14 11/12/2020 Preparation of proposed stipulation re: motions for 0.200 ao ag judgment on the pleadings, email to S. Knowles <é oe 15 11/16/2020 Telephone call with E. Williams (counsel for Niderost), 0.060 gs 225 Bsza emails to Williams with documents (estimated 20% B30 16 allocated to enforcing the claims in the Complaint and in 48aT ze ZEL 17 defending the holder of the note secured by the first deed S5a §eag of trust from the unmeritorious Bus. & Prof. Code §17200 ZZ on 18 claims in the cross complaint and amendments by John aa Se ga Denton as trustee and conservator). 5S aR 19 BS ge 11/16/2020 Emails to S. Knowles re: discovery, email to S. Knowles 0.140 20 re: request for a continuance of hearing on motions for judgment on the pleadings (estimated 20% allocated to 21 enforcing the claims in the Complaint and in defending the 22 holder of the note secured by the first deed of trust from the unmeritorious Bus. & Prof. Code §17200 claims in the 23 cross complaint and amendments by John Denton as trustee and conservator). 24 11/18/2020 Preparation of deposition notice of J. Denton (estimated 0.680 25 40% allocated to enforcing the claims in the Complaint and in defending the holder of the note secured by the first deed 26 of trust from the unmeritorious Bus. & Prof. Code §17200 27 claims in the cross complaint and amendments by John Denton as trustee and conservator). 28 11/19/2020 Preparation of motion to compel discovery 1.500 8 DECLARATION OF RAYMOND L. SANDELMAN IN SUPPORT OF JUDGMENT 11/2020 Preparation of second discovery motion 0.800 11/20/2020 Revision of deposition notice (estimated 20% allocated to 0.060 enforcing the claims in the Complaint and in defending the holder of the note secured by the first deed of trust from the unmeritorious Bus. & Prof. Code §17200 claims in the cross complaint and amendments by John Denton as trustee and conservator). 11/20/2020 Email to client re: status, email to L. Lushanko requesting 0.040 copies of Mid Valley Title documents (estimated 20% allocated to enforcing the claims in the Complaint and in defending the holder of the note secured by the first deed of trust from the unmeritorious Bus. & Prof. Code §17200 claims in the cross complaint and amendments by John Denton as trustee and conservator). 10 11/24/2020 Preparation of case management statement, deposition 0.120 notice for Niderost depo, notice and acknowledgment of 11 receipt, email to E. Williams (estimated 20% allocated to 12 enforcing the claims in the Complaint and in defending the holder of the note secured by the first deed of trust from 13 the unmeritorious Bus. & Prof. Code §17200 claims in the cross complaint and amendments by John Denton as trustee So 14 ae and conservator). <é oe 11/24/2020 Telephone call with client re: settlement, email to client 0.060 15 os with draft of a settlement proposal (estimated 20% 225 Ba og 16 allocated to enforcing the claims in the Complaint and in gage as Zags defending the holder of the note secured by the first deed wgac Zex 17 Ze of trust from the unmeritorious Bus. & Prof. Code §17200 B3s 62a8 18 claims in the cross complaint and amendments by John g<52 So Za Denton as trustee and conservator). gS 19 11/24/2020 Email to all counsel re: available trial dates (estimated 20% 0.020 gs Bo 20 allocated to enforcing the claims in the Complaint and in defending the holder of the note secured by the first deed 21 of trust from the unmeritorious Bus. & Prof. Code §17200 claims in the cross complaint and amendments by John 22 Denton as trustee and conservator). 23 11/24/2020 Email to S. Knowles re: depo dates (estimated 20% 0.020 allocated to enforcing the claims in the Complaint and in 24 defending the holder of the note secured by the first deed of trust from the unmeritorious Bus. & Prof. Code §17200 25 claims in the cross complaint and amendments by John 26 Denton as trustee and conservator). 11/25/2020 Emails from S. Knowles re: available dates, emails to S. 0.120 27 Knowles re: need to select reasonable dates (estimated 20% allocated to enforcing the claims in the Complaint and in 28 defending the holder of the note secured by the first deed 9 DECLARATION OF RAYMOND L. SANDELMAN IN SUPPORT OF JUDGMENT of trust from the unmeritorious Bus. & Prof. Code §17200 claims in the cross complaint and amendments by John Denton as trustee and conservator). 11/25/2020 Email to S. Knowles requesting documents (estimated 20% 0.040 allocated to enforcing the claims in the Complaint and in defending the holder of the note secured by the first deed of trust from the unmeritorious Bus. & Prof. Code §17200 claims in the cross complaint and amendments by John Denton as trustee and conservator). 12/1/2020 Email to W. Cook re: Denton deposition (estimated 20% 0.020 allocated to enforcing the claims in the Complaint and in defending the holder of the note secured by the first deed of trust from the unmeritorious Bus. & Prof. Code §17200 claims in the cross complaint and amendments by John Denton as trustee and conservator). 10 12/1/2020 Email to S. Knowles re: deposition of Denton (estimated 0.040 11 20% allocated to enforcing the claims in the Complaint and in defending the holder of the note secured by the first deed 12 of trust from the unmeritorious Bus. & Prof. Code §17200 claims in the cross complaint and amendments by John 13 Denton as trustee and conservator). ao 14 12/1/2020 Email from E. Williams re: depo of Niderost (estimated 0.020 ae 20% allocated to enforcing the claims in the Complaint and <é ge 15 in defending the holder of the note secured by the first deed 283 BUS of trust from the unmeritorious Bus. & Prof. Code §17200 Ba o¢ 16 Ze San claims in the cross complaint and amendments by John ae aR oe 17 Denton as trustee and conservator). aZe> BESS B2ag 12/1/2020 Review of opposition brief to discovery motion (estimated 0.060 g2ge Sm Sg ga 18 20% allocated to enforcing the claims in the Complaint and 19 in defending the holder of the note secured by the first deed 58 BS ge of trust from the unmeritorious Bus. & Prof. Code §17200 20 claims in the cross complaint and amendments by John Denton as trustee and conservator). 21 12/2/2020 Email to client re: status (estimated 40% allocated to 0.040 22 enforcing the claims in the Complaint and in defending the holder of the note secured by the first deed of trust from 23 the unmeritorious Bus. & Prof. Code §17200 claims in the cross complaint and amendments by John Denton as trustee 24 and conservator). 25 12/7/2020 Preparation of reply briefs for discovery motions 0.320 (estimated 20% allocated to enforcing the claims in the 26 Complaint and in defending the holder of the note secured by the first deed of trust from the unmeritorious Bus. & 27 Prof. Code §17200 claims in the cross complaint and 28 amendments by John Denton as trustee and conservator). 10 DECLARATION OF RAYMOND L. SANDELMAN IN SUPPORT OF JUDGMENT 12/7/2020 Email from E. Williams re: trial availability (estimated 0.020 20% allocated to enforcing the claims in the Complaint and in defending the holder of the note secured by the first deed of trust from the unmeritorious Bus. & Prof. Code §17200 claims in the cross complaint and amendments by John Denton as trustee and conservator). 12/8/2020 Email to client re: upcoming events (estimated 20% 0.040 allocated to enforcing the claims in the Complaint and in defending the holder of the note secured by the first deed of trust from the unmeritorious Bus. & Prof. Code §17200 claims in the cross complaint and amendments by John Denton as trustee and conservator). 12/9/2020 Attendance at court: motion for judgment on the pleadings 0.120 (estimated 20% allocated to enforcing the claims in the Complaint and in defending the holder of the note secured 10 by the first deed of trust from the unmeritorious Bus. & 1 Prof. Code §17200 claims in the cross complaint and amendments by John Denton as trustee and conservator). 12 12/9/2020 Email from E. Williams, legal research, email to E. 0.180 Williams re: capacity to testify (estimated 20% allocated to 13 enforcing the claims in the Complaint and in defending the 14 holder of the note secured by the first deed of trust from a. ag sé the unmeritorious Bus. & Prof. Code §17200 claims in the SE 15 os cross complaint and amendments by John Denton as trustee 229 B< and conservator). AOF 16 Sauna 12/9/2020 Email to other counsel re: motion for protective order and 0.040 ards >is eas Ze 17 delay in deposition of Niderost (estimated 20% allocated to ge~ B2ag enforcing the claims in the Complaint and in defending the 220% 18 holder of the note secured by the first deed of trust from sg ga 19 the unmeritorious Bus. & Prof. Code §17200 claims in the 5S ga cross complaint and amendments by John Denton as trustee Bo 20 and conservator). 12/10/2020 Telephone call with E. Williams re: motion for a protective 0.060 21 order, email to J. Sheehan re: scheduling an appointment 22 with Culley (estimated 20% allocated to enforcing the claims in the Complaint and in defending the holder of the 23 note secured by the first deed of trust from the unmeritorious Bus. & Prof. Code §17200 claims in the 24 cross complaint and amendments by John Denton as trustee 25 and conservator). 12/10/2020 Preparation of discovery to defendants (estimated 20% 0.300 26 allocated to enforcing the claims in the Complaint and in defending the holder of the note secured by the first deed 27 of trust from the unmeritorious Bus. & Prof. Code §17200 28 claims in the cross complaint and amendments by John Denton as trustee and conservator). ll DECLARATION OF RAYMOND L. SANDELMAN IN SUPPORT OF JUDGMENT 12/11/2020 Telephone call with L. Lushanko re: status (estimated 20% 0.220 allocated to enforcing the claims in the Complaint and in defending the holder of the note secured by the first deed of trust from the unmeritorious Bus. & Prof. Code §17200 claims in the cross complaint and amendments by John Denton as trustee and conservator). 12/11/2020 Email to E. Williams re: documents (estimated 20% 0.020 allocated to enforcing the claims in the Complaint and in defending the holder of the note secured by the first deed of trust from the unmeritorious Bus. & Prof. Code §17200 claims in the cross complaint and amendments by John Denton as trustee and conservator). 12/15/2020 Review of motion for protective order, email to court 0.900 reporter and counsel re: postponement of deposition, telephone call with G. Culley re: Niderost’s ability to 10 testify, email to S. Knowles re: court hearings on 12/16 11 12/15/2020 Email to G. Culley re: Niderost incapacity (estimated 20% 0.020 allocated to enforcing the claims in the Complaint and in 12 defending the holder of the note secured by the first deed of trust from the unmeritorious Bus. & Prof. Code §17200 13 claims in the cross complaint and amendments by John 14 Denton as trustee and conservator). Bo ag <é 12/15/2020 Email to E. Williams requesting documents (estimated 0.020 oe 1S 20% allocated to enforcing the claims in the Complaint and BeBS5ag3oR 16 in defending the holder of the note secured by the first deed B30 aan of trust from the unmeritorious Bus. & Prof. Code §17200 gs as age 17 claims in the cross complaint and amendments by John geS SBS ag Denton as trustee and conservator). Eaas wease Ze ZeS 17 Prof. Code §17200 claims in the cross complaint and $ £2 amendments by John Denton as trustee and conservator). g< 6a 18 12/1/2020 Email from E. Williams re: depo of Niderost (estimated 0.020 za Sf La 20% allocated to defending the holder of the note secured He aS 19 aS by the second deed of trust from the unmeritorious Bus. & 20 Prof. Code §17200 claims in the cross complaint and amendments by John Denton as trustee and conservator). 21 12/1/2020 Review of opposition brief to discovery motion (estimated 0.060 22 20% allocated to defending the holder of the note secured by the second deed of trust from the unmeritorious Bus. & 23 Prof. Code §17200 claims in the cross complaint and amendments by John Denton as trustee and conservator). 24 12/2/2020 Email to client re: status (estimated 20% allocated to 0.020 25 defending the holder of the note secured by the second deed of trust from the unmeritorious Bus. & Prof. Code §17200 26 claims in the cross complaint and amendments by John 27 Denton as trustee and conservator). 12/7/2020 Preparation of reply briefs for discovery motions 0.320 28 (estimated 20% allocated to defending the holder of the note secured by the second deed of trust from the 32, DECLARATION OF RAYMOND L. SANDELMAN IN SUPPORT OF JUDGMENT unmeritorious Bus. & Prof. Code §17200 claims in the cross complaint and amendments by John Denton as trustee and conservator). 12/8/2020 Email to client re: upcoming events (estimated 20% 0.020 allocated to defending the holder of the note secured by the second deed of trust from the unmeritorious Bus. & Prof. Code §17200 claims in the cross complaint and amendments by John Denton as trustee and conservator). 12/9/2020 Attendance at court: motion for judgment on the pleadings 0.240 (estimated 40% allocated to defending the holder of the note secured by the second deed of trust from the unmeritorious Bus. & Prof. Code §17200 claims in the cross complaint and amendments by John Denton as trustee and conservator). 12/9/2020 Email from E. Williams, legal research, email to E. 0.180 10 Williams re: capacity to testify (estimated 20% allocated to Il defending the holder of the note secured by the second deed of trust from the unmeritorious Bus. & Prof. Code §17200 12 claims in the cross complaint and amendments by John Denton as trustee and conservator). 13 12/9/2020 Email to other counsel re: motion for protective order and 0.040 Se 14 delay in deposition of Niderost (estimated 20% allocated to ae defending the holder of the note secured by the second deed be 1S os of trust from the unmeritorious Bus. & Prof. Code §17200 Boass claims in the cross complaint and amendments by John oF 16 Souk Denton as trustee and conservator). GRR 12/10/2020 Telephone call with E. Williams re: motion for a protective 0.060 iba 17 gs~ &5 order, email to J. Sheehan re: scheduling an appointment ger g<88 18 with Culley (estimated 20% allocated to defending the za Za holder of the note secured by the second deed of trust from 5S aa 19 Ba ge the unmeritorious Bus. & Prof. Code §17200 claims in the 20 cross complaint and amendments by John Denton as trustee and conservator). 21 12/15/2020 Review of motion for protective order, email to court 0.180 22 reporter and counsel re: postponement of deposition, telephone call with G. Culley re: Niderost’s ability to 23 testify, email to S. Knowles re: court hearings on 12/16 (estimated 20% allocated to defending the holder of the 24 note secured by the second deed of trust from the 25 unmeritorious Bus. & Prof. Code §17200 claims in the cross complaint and amendments by John Denton as trustee 26 and conservator). 27 12/15/2020 Email to client re: Niderost deposition (estimated 20% 0.020 allocated to defending the holder of the note secured by the 28 second deed of trust from the unmeritorious Bus. & Prof. 33 DECLARATION OF RAYMOND L. SANDELMAN IN SUPPORT OF JUDGMENT Code §17200 claims in the cross complaint and amendments by John Denton as trustee and conservator). 12/22/2020 Review of documents subpoenaed from Mid Valley Title, 0.660 review of responses to discovery, email to S. Knowles re: inadequate responses to discovery (estimated 20% allocated to defending the holder of the note secured by the second deed of trust from the unmeritorious Bus. & Prof. Code §17200 claims in the cross complaint and amendments by John Denton as trustee and conservator). 12/29/2020 Deposition of J. Denton 7.000 12/30/2020 Revision of opposition to motion for protective order 0.200 (estimated 20% allocated to defending the holder of the note secured by the second deed of trust from the unmeritorious Bus. & Prof. Code §17200 claims in the 10 cross complaint and amendments by John Denton as trustee and conservator). 11 1/5/221 Preparation of motion for issue sanctions (estimated 20% 0.320 12 allocated to defending the holder of the note secured by the second deed of trust from the unmeritorious Bus. & Prof. 13 Code §17200 claims in the cross complaint and amendments by John Denton as trustee and conservator). ao 14 1/11/2021 ae Preparation of summary of deposition testimony of J. 0.580 <é oe Denton (estimated 20% allocated to defending the holder 15 Reg5 gs of the note secured by the second deed of trust from the Bis ions Ze 17 review of responses to discovery, email to S. Knowles re: ges 6e as inadequate responses to discovery (estimated 10% gi ak Sa 18 allocated to defending Wayne Cook, individually as a ga person who was potentially liable for claims against the BS 19 gs ge holder of the note secured by the second deed of trust from 20 the unmeritorious Bus. & Prof. Code §17200 claims in the cross complaint and amendments by John Denton as trustee 21 and conservator). 22 12/29/2020 Deposition of J. Denton 7.000 23 12/30/2020 Revision of opposition to motion for protective order 0.100 (estimated 10% allocated to defending Wayne Cook, 24 individually as a person who was potentially liable for claims against the holder of the note secured by the second 25 deed of trust from the unmeritorious Bus. & Prof. Code 26 §17200 claims in the cross complaint and amendments by John Denton as trustee and conservator). 27 1/5/221 Preparation of motion for issue sanctions (estimated 10% 0.160 28 allocated to defending Wayne Cook, individually as a person who was potentially liable for claims against the 49 DECLARATION OF RAYMOND L. SANDELMAN IN SUPPORT OF JUDGMENT holder of the note secured by the second deed of trust from the unmeritorious Bus. & Prof. Code §17200 claims in the cross complaint and amendments by John Denton as trustee and conservator). 1/11/2021 Preparation of summary of deposition testimony of J. 0.290 Denton (estimated 10% allocated to defending Wayne Cook, individually as a person who was potentially liable for claims against the holder of the note secured by the second deed of trust from the unmeritorious Bus. & Prof. Code §17200 claims in the cross complaint and amendments by John Denton as trustee and conservator).