arrow left
arrow right
  • Meline, Edward Richard et al vs Jessee, Nelda F et al(26) Unlimited Other Real Property document preview
  • Meline, Edward Richard et al vs Jessee, Nelda F et al(26) Unlimited Other Real Property document preview
  • Meline, Edward Richard et al vs Jessee, Nelda F et al(26) Unlimited Other Real Property document preview
  • Meline, Edward Richard et al vs Jessee, Nelda F et al(26) Unlimited Other Real Property document preview
  • Meline, Edward Richard et al vs Jessee, Nelda F et al(26) Unlimited Other Real Property document preview
  • Meline, Edward Richard et al vs Jessee, Nelda F et al(26) Unlimited Other Real Property document preview
  • Meline, Edward Richard et al vs Jessee, Nelda F et al(26) Unlimited Other Real Property document preview
  • Meline, Edward Richard et al vs Jessee, Nelda F et al(26) Unlimited Other Real Property document preview
						
                                

Preview

CM-110 Bil nut! ATTORNEY OR PARTY \MTHOUT ATTORNEY (Name. Stale and addmss) FOR COURT USE ONLY Late Filed John Jeffery Caner (SBN 079857) Carter Law Office P.O. Box 3606, Chico, CA 95927 Sumner CDUFI ofCalrfomla F F TELEPHONE NO (530) 342-6196 FAXno. (Optional). County of Butte E-MAIL ADDRESS (Optional) I l See attached ATTORNEY FOR mama) Exhibit "A" L L SUPERIOR coun'r OF CALIFORNIA, couu'rv OF Butte E 4/19/2019 4/ 1 9/ 201 9 E STREET ADDRESS1775 Concord Ave. Same as above MAILING ADDRESS D K Fl r, Cle k D cm mo zup cons Chico. CA 95928 B 1' Deputy HEEFJ'uflicni HI. {:0 BRANCH NAME CiVi| PLAINTIFF/PETITIONERI Steven and Robert Meline, et al. DEFENDANT/RESPONDENT: Randall C. Meline, et al. CASE MANAGEMENT STATEMENT CASE NUMBER- (Check one): UNLIMITED CASE (Amount demanded :1 LIMITED CASE (Amount demanded is $25000 127180 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: May 1, 2019 Time: 10:30 am Dept; Div‘: Roam Address of court (if different from the address above). l: Notice of Intent to Appeat by Telephone, by (name): INSTRUCTIONS: All applicable boxes must be checked, and the specified Information must be provided. 1. Party or parties (answer one): a. I:| This statement is submitled by party (name): b. This statement is submitted lointly by panies (names):See attached Exhibit "A" 2. Complaint and cross-com plaint (to be answered by plaintiffs and cross-complainants only) a. b. :l The complaint was filed on (dale): March 6, 2002 The cross-complaint, if any, was filed on (date): 3. Service (Io be answered by plaintiffs and cross-complainants only) a. AH parties named in the complaint and cross-complaint have been served. have appeared, or have been dismissed. b. [:3 The following partles named in the complaint or cross-complaint (1) Cl have not been sewed (specify names and explain why not): (2) l:| have been sewed but have not appeared and have not been dismissed (specify names): (3) |:| have had a default entered against them (specify names); c. :I The foliowing additional parties may be added (specify names, nature of involvement in case, they may be served): and date by which 4. Oescrlptlon of cage 3- TYPE 0f case |n complaint CI cross-complaint (Describe, inciuding causes ofacffonj: See attached Exhibit "A" Pun 1 of 5 “mgrgugmggmig” CASE MANAGEMENT STATEMENT cigaggnygd CM-‘l IO lRev. July 1. 2011] www.muflaca 90v CM-11 0 _ PLAINTIFF/PETITIONER' Steven and Robert Meline, et al. CASE "M" ‘ 127180 DEFENDANT/RESPONDENT: Randall C. Mellne, et al. 44 b. Provide a brlef statement of the case, including any damages. (personal injury damages are sought, specify the injury and damages claimed, including medical expanses to date [indicate source and amount]_estimated future medical expenses, lost earnings to date. If equitable relief is sought, describe the nature of the rellaf.) and estimated future lost earnings. See attached Exhibit"."A 5. l: (If more space is needed. check this box and attach a page designated as Attachment 4b.) Jury or nonjury trial The party or parties request requesting a jury trial).- [:l a jury trial:1 a nonjury trial. (If more than one party, provide the name of each party Not applicable; see attached Exhibit "A" 6. Trial data a. b. G l:| The trial has been set for (date): No trial date has been set. This case will be ready for trial within 12 months of the dale of the filing of the compIaint (if not, explain): See attached Exhibit "A" c‘ Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability): 7. Estimated length of trial a b. I: The party or parties estimate that the trial will take (check one): I:| days (specify number); See attached hours (short causes) (specify): Exhibit "A" 8. Trial representation (lo be answered for each party) a‘ Attorney: [El The party or parties will be represented at trial III by the attorney or party listed in the caption by the following: b Firm: c. Address: d Telephone number: f. Fax number: e E-mail address: g. Party represented: [:1 Additional representation is described in Attachment B. 9. Preference |:| This case is entitled to preference (specify code section): 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 :1 has not in rule 3.221 to the client and reviewed ADR options with the client‘ provided the ADR information package identified b. (2) l: For self-represented parties: Party has I: has not reviewed the ADR information package identified in rule 3.221. Referral to judicial arbitration or civil action mediation (if availabie). (1)|:| This matter is sub'ect to mandatory judicial arbitration under Code of Civil Procedure section 1141.11 or to civil acfion mediatior: under ode of Civil Procedure sectlon 17753 because the amount in controversy does not exceed the statutory imit. (2) :I Mainlifl‘ elects to refer this case to judicial arbitration and agrees to limit recovery to the amount specified in Code of Civil Procedure section 1141411. (3) I: This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Court or from civil action mediation under Code of Civi! Procedure section 1775 et seq. (specify exemption): WWW" “v1 1m" CASE MANAGEMENT STATEMENT "WM CM-1 1 0 PLAINTIFF/PETITIONER: Steven and Robert Meiine, et al. MEMBER DEFENDANT/RESPONDENT: 121180 Randall C_ Meline, el al. 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 panicipated in (check all 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 (attach a copy of the parties’ ADR processes (check all that apply):stipulation): Mediation session not yet scheduled (1) M e d iation [E Mediation session scheduled for (date): EIDIIIIII Agreed to complete mediation by (date): Mediation completed on (date): Ongoing mediation Settlement conference not yet scheduled (2) Settlement conference El HEIDI] Settlement conference scheduled for (dale): Agreed to complete settlement conference by (date); Settlement conference completed on (date): Dec 1. 2014 Neutral evaluation not ye! scheduled (3) N eu ‘ ra I eva I uation |:| DUEIU Neutral evaluation scheduled for (date): Agreed to complete neutral eva!uation by (dale).- Neutral evaluation completed on (date): Judicial arbitration not yet scheduled (4) Nonbinding judicial arbltratlon :l Judicial arbitration scheduled for (date). Agreed to complete judiclal arbitration by (dale); IIIIIIUU Judicial arbitration completed on (dale)- Private arbitration not yet scheduled Private arbitration scheduled for (date) (5) Binding private arbItratlon ‘:1 [IUUU Agreed to complete private arbitratlon by (date).- Private arbitration completed on (date). ADR session not yet scheduled (6) Other (specify): E HEIDI] ADR session scheduled for (data). Agreed to complete ADR session by (date): ADR completed on (dale): cum 1o [Rev July 1. 201 1| Pug: a a! s CASE MANAGEMENT STATEMENT m‘ "UMBER mum PLAINTIFF/PETITIONERI Steven and Robert Meline, et al. 127180 DEFENDANT/RESPONDENT: Randall C. Meline. et al. 11. a. b. i: Insurance Insurance carrier, if any, for party filing this statement (name): Reservation of rights: II] Yes \:I No c. |:| Coverage issues will significantly affect resolution of this case (explain): 12.Jurisdiction Status: Bankruptcy l: Indicate any matters that may affect the coun's |urisdiction or processing of this case and descnbe the status. II] Other (specify) 13. Related cases, consolidation, and coordination a. |:| There are companion. Name of case: underlying. or related cases. (1) (2)Name of court (3)Case number: (4)Status: l:| Additional cases are described in Attachment 13a. b |:| A motion to |:| consolidate I: coordinate will be filed by (name party).- 14. Bifurcation ‘:1 The party or parties intend to file a motion for an order bifurcating, severing, or coordmating the following issues or causes of action (specify moving party, type of motion, and reasons).- 15. Other motions :1 The party or parties expect to file the following motions before tnal (specify moving party, type of motion, and Issues): 16 Discovery a. The party or parties have compfleted all discovery. b The foirowing discovery will be completed by the date specified (describe all antic/‘pared discovery): Pam Descrigtion Date See attached Exhibit "A" ¢_ :1 The following discovery issues, including issues regarding the discovery of electronically stored informatron, are anticipated (specify): °M-"°IR"J"'Y 11m" CASE MANAGEMENT STATEMENT "Hm" CHI-110 PLAINTIFF/PETITIONER: Steven and Robert Meline, et al. CASE“WEE” _ . 127180 DEFENDANT/RESPONDENT: Randall C- Melme, et 8|- 17 a. :I Economic litigation This IS a llmrted civil case (i.e.. the amount demanded is $25 000 or less) and the eoonomlc Iitlgation 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 discovery will be filed (if checked. explain specifically why economic litigation procedures relating to discovery or tn'al should not apply to this case) 18. Other Issues [:I The party or parties request that the following additional matters be considered or determined at the case management conference (specify): 19. Meet and confer a. The party or partles have met and conferred with a! parties on all subjects required by rule 3.724 of the California Rules of Court (if not, explain); See attached Exhlbit "A" b. After meeting and conferring as required by rule 3.724 of the Caiifornla Rules of Courl. the parties agree on the following (specify).- 20. Total number of pages attached (if any): 2 l am completely familiar with this case and will be fully prepared to discuss the status of discovery and alternative dlspute resolution. as well as other issues raised by this statement, and will possess the auth to stipulations on these issues at the time of the case management conference, including the written authority o party where requi d. Date April 18, 2019 John Jeffery Carter (TYPE 0R PRINT NAM?! f (SIGNATURE OF PAR TTORNEYI P (TYPE OR PRINT NAME] (SIGNATURE OF PARTY OR ATTORNEY} |:| Additional signatures are attached. CM-m IR" My‘ m1" CASE MANAGEMENT STATEMENT mm" Exhibit “A” Though submitted by counsel on behalf of defendants Randall C. Meline and Joan Sloner, as C0- Trustces of the Edward Richard Meline and Charlene M. Meline Irrevocable Trust dated December 30, I992, all other parties to this Action join in this Case Management Statement as they have done in the recent past. The parties to [his Action are four branches of the same family, one of which commenced the Action to partition the Range Property that is the subject hereof and which is owned by the parties in varying percentages. The Action previously had been generally consensually referred to the Hon. Noel H. Watkins, Judge (Refd) as referee by stipulation of the parties and order entered thereon on November 5, 20l 3, but he recently resigned as such. By stipulation and order filed herein, the parties, their designation as plaintiffs or defendants, and their representation are as follows: Plaintiffs Stephen Meline, IV, Robert J. Meline, Nelda F. lessee, and Melanie G. Edgington are represented by Aaron W. Moore; Defendants Randall C. Meline and Joan Sloner, as Co-Trustees of the Edward Richard Melina and Charlene M. Melinc Irrevocablc Living Trust Agreement No. Two dated December 30, I992, are represented by John Jeffery Carter; Defendant Linda G. Carlson, successor to Jack Meline, deceased, as Trustee of the Jack Meline Irrevocable Living Trust Dated December 30, I992, is represented by Nels A. Christensen; and Defendants Ronald Rabo, Michael Rabo. Frederick Rabo, Mary Ann Rabo Schweiger, and Susan Miller are represented by Charleton S. Pearse. Trial in this matter commenced on February 2 I, 2017. After lhree days of trial, the parties agreed to the compromise and settlement 0f their differences and disputes and of the Action. The compromise and settlement was entered on the record and all parties and their attorneys of record accepted and agreed to it‘ The compromise and settlement agreement is conditioned upon [he parties obtaining access easements lo the Range Property over an adjoining parcel, negotiation with the owners of which is now taking place. The parties‘ attorneys have negotiated with the owners of the adjoining properly in an effort to oblain these easements for approximately two years. However, late lasl year a conceptual settlement was reached subject lo such being formalized in a written and recorded easement agreement‘ The parties’ attorneys have recently agreed to a draft 0f such, and itwill be circulated to the adjoining parce1’s owner for review and hoped for acceptance. In the event i1is not accepted, itis quite likely litigation shall be necessary. In such event, the compromise and settlement shall be on hold pending the outcome of such litigation. Accordingly, counsel respectively request continuance of this Conference for al leasl 180 days, at which time, it is hoped, lhe matter finally will be concluded. PROOF OF SERVICE Meline v. Meline, et al. Butte County Superior Court Case No. 127180 B I am a citizen of the United Slates and am a resident of the County of Butte. I am over the age of 18 years and not a party t0 the within action; my business address is CARTER LAW OFFICE, 329 Flume Street, Chico, California 95928. On this date, I served the foregoing document(s) described as: \OOOMQUIJAUJNh- Case Management Statement On the panics below by placing a true copy thereof in a sealed envelope and served same on the panics/counsel, addressed as follows: Nels A. Christensen Aaron W. Moore Christensen & Schwarz, LLP Moore & Bogener, Inc. 1 Governors Lane 1650 East Street Chico, CA 95926 Redding, CA 96001 Charleton S. Pearse Lenahan, Lee, Slater, Pearse 8: Majernik, LLP 2542 River Plaza Drive Sacramento, CA 95833 The following is the procedure in which service of this document was effected: X U.S. Postal Service {placing such envelope(s) with postage thercOn fully prepaid in the designated area for outgoing mail in accordance with this 0ffice’s practice, whereby the mail is deposited in the U.S. mailbox in the City of Chico, California after the close of the day’s business). Federal Express Express Mail NNIQMIQNNIQM'—__-__-__,_,_ mdQMAWN~O©OOQQUIQWN~O Personal Service Facsimile I declare under penalty of perjury that the foregoing is true and correct and that this document is executed at Chico, California on April 18, 2019. NICOLE HEINDELL