On March 06, 2002 a
Party Statement
was filed
involving a dispute between
Meline, Charlen M,
Meline, Edward Richard,
Meline, Robert J,
Meline, Stephen, Iv,
and
Edgington, Melanie G,
Jessee, Nelda F,
Meline, David L,
Meline, Jack,
Meline & Rabo Farms Inc, A California Corporation,
Meline, Robert J,
Meline, Stephen, Iv,
Meline, Violet Arlene,
for (26) Unlimited Other Real Property
in the District Court of Butte County.
Preview
CM-1 1 0
OR PARTY WITHOUT AORN (Name arnumber, and address): FOR COURT USE ONLY
Jo n‘ Je‘e
ATTOgNEY Carter aI' 07983 I)
CARTER AW OF CE
329 Flume Street Chlco, Callforma 95928
TELEPHONE No‘:
(530) 342-6 1 96 (530) 342-6195
FAX No. (Optional): «
E-MAlL ADDRESS (Oplional):
F
Plainti‘s
ATTORNEY FoR (Name); Edward Richard Meline and Charlene Meline
SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F BUTTE E f
STREErADDREss: One Court Street L DEC 2 2002
L
MAILING ADDRESS: .
U
E
Oroville 95965
crrv AND ZIP CODE: K. D ar I 'c nd Clerk D
BRANCH NAME:
PLAINTIFF/PET‘T'ONERI
Mmpmy
Edward Richard Meline and Charlene Meline, et a1.
DEFENDANT/RESPONDENT: Jack Meline, et a1,
CASE MANAGEMENT STATEMENT CASE NUMBER:
(Check one): UNLIMITED CASE E LIMITED CASE
(Amountdemanded Is$25.000
_
127180
(Amountdemanded
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE ISscheduled as fOIIOWSI
Date: December 9, 2002 Time: 3:00 p.m. Dept: TBA Div.:TBA Room: TBA
Address of court (ifd/‘fferent from the address above):
INSTRUCTIONS: AII applicable boxes must be checked, and the specified information must be provided.
1. Party or parties (answerone):
a. This statement Is submitted by party (name): Plainti‘s Edward Richard Meline and Charlene Meline
b. E This statement Is submitted jointly by parties (names):
2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only)
a. The complaint was led on (date): March 6, 2002
b. E The cross-complaint, if any, was led on (date):
3. Service (to be answered by plaintiffs and cross-complainants only)
a. All parties named in the complaint and cross-complaint have been served, or have appeared. or have been dismissed.
b. E The following parties named in the complaint or cross-complaint
(1) E have not been served (specify names and explain why not):
(2) E have been served but have not appeared and have not been dismissed (specifynames):
(3) E have had a default entered against them (specifynames):
C. E The following additional parties may be added (specify names, nature ofinvo/vement in case, and the date by which
they may be served);
Description of case
4.
a. Type of case in
.
complaInt E .
cross-compIaInt
. . .
(describe, Including causes
.
of action):
Action for partition of real property and for injunctive relief.
. Page1 0M
V
Form Adopted for Mandatory Use
Judicial CouncilofCalifornia
CASE MANAGEMENT STATEMENT Cal. Rules of Court.
,ule 212
July1. 2002]
CM-_110 [New LexixNaxis"A ulamaled California Judicial Council Forms
w
v)"
CASE NUMBER:
PLA'NT'FF/PET'T‘ONERi Edward Richard Meline, et a1.
127 1 80
DEFENDANT/RESPONDENT: Jack Meline, et a1,
4. b. Provide a brief statement ofthe case, including any damages. (”persona/injury damages are sought, specify the injury and
damages claimed, including medical expenses to date [indicatesource and amount], estimated future medical expenses, lost
earnings to date,and estimated futurelostearnings. If
equitable relief is sought, describe the nature of the relief.)
Plainti‘ and defendants are four branches of the Meline family and as such, own more or less
equally appoximately 820 acres of contiguous almond orchards in Butte County. They also own in
equal shares a corporation which has farmed the orchards since 1980 through a crop share leasing
arrangement. Actual management of the orchards has been delegated by the corporation to plainti‘
Edward Richard Meline with regard to the southernmost approximately one-half of the orchards
and defendant Jack Meline with respect to the northernmost one-half. Plainti‘s now wish to
partition the orchards and pending such, to continue to farm the southern half of the orchards, or at
least that part of the southern half farmed by them continuously since the 19405.
E (/fmore space is needed, check this box and attach a page designated as Attachment 4b.)
5. Jury or nonjury trial
The party or parties request E ajury trial a nonjurytrial (ifmore than one party, provide the name of each party
requesting a jury trial):
6. Trial date
a. E The trial has been set for (date):
No trial date has been set. ofthe complaint (if
This case will be ready for trial within 12 months of the date of the ling
b.
not, explain):
c. Dates on which parties or attorneyswi||not be available for trial (specify dates and explain reasons for unavailability):
7. Estimated length oftrial
The party or parties estimate thatthe trial will take (check one):
a. days (specifynumber):FiVe
b. E hours (short causes) (specify):
8. Trial representation (to be answered for each part )
The party or parties will be represented at trial in the caption
by the attorney or party listed bythe following:
a. Attorney:
b. Firm:
c. Address:
d. Telephone number:
e. Fax number:
f. E-mail address:
g. Party represented:
E Additional representation is described in Attachment 8.
9. Preference
This case is entitled to preference (specify code section):
10.Alternative Dispute Resolution (ADR)
a. Counsel E has E has not provided the ADR information package identied in rule201.9 to the client and has
reviewed ADR options with the client.
b. E Aii parties have agreed to a form ofADR. ADR win be completed by (date):
0- E The case has gone to an ADR process (indicate status):
"WW- W CASE MANAGEMENT STATEMENT Page
LesNexis'Wutomated California Judicial Council Forms
PLAINT'FF/PETITIONERIEdward inward Meline, et a1. :ASENUMBERI
127180
—DEFENDANT/RESP0NDENT; Jack Meline, et a1.
10. d. The party or parties are willing to participate in (check all that app/y):
(1) Mediation
(2) D Nonbinding judicial arbitration under Code of Civil Procedure section 1141.12 (discovery to close 15 days
arbitration underCal.Rules of Court, rule1612)
before
(3) E Nonbindingjudicial arbitrationunder Code ofCiviI Procedure section 1141.12 (discoveryto remain open until 30 days
before trial; order required under Cal. Rules of Court, rule 1612)
(4) E Bindingjudicialarbitration
(5) E Binding private arbitration
(6) E Neutral case evaluation
(7) D Other (specify):
e. This matter is subjectto mandatoryjudicial arbitration because the amount in controversy does not exceed the statutory limit.
f. E in Code of Civil
Plaintiff elects to referthis case to judicial arbitration and agrees to limit recovery to the amount specied
Procedure section 1141 .1 1.
g; This case is exempt from judicial arbitration under rule 1600.5 ofthe California Rules of Court (specify exemption):
11. Settlement conference
The party or parties are willing to participate in an early settlement conference (specify when):
at the Court's discretion.
12. Insurance
a. E this statement (name):
Insurance carrier, if any, for party ling
b. Reservation ofrights: E Yes E No
c. E Coverageissueswillsignicantly affectresolution ofthis case (explain):
13. Jurisdiction
Indicate any matters that may affect the court's jurisdiction or processing ofthis case, and describe the status.
E Bankruptcy E Other(specify):
Status:
14. Related cases, consolidation, and coordination
a. There are companion. underlying. or related cases.
(1) Name of case:
(2) Name of court:
(3) Case number:
(4) Status:
Additional cases are described in Attachment 14a.
b. E Amotionto E consolidate E coordinate will be led by (name party):
15. Bifurcation
The party or parties intend to lea motion for an order bifurcating. severing,'or coordinating the following issues or causes of
action (specify moving party, type ofmotion,and reasons):
16. Other motions
D The party or parties expect to lethe following motions before trial (specify moving party, type of motion, and issues):
CM“‘°IN°WJ“'“- 2W2] CASE MANAGEMENT STATEMENT 'xNexismA ufomafed California Judicial Council Forms
’ASE NUMBER:
PLAINTIFF/PETITIONER:Edward luuuard Meline, et a1.
1271 80
_DEFENDANT/RESP0NDENT: Jack Meline, et a1.
17. Discovery
a. E The party or parties have completed all discovery.
b. The following discovery will be completed by the date specied (describe all anticipated discovery):
m Date
Defendants Depositions of defendant parties and experts October, 2003
Defendants Interrogatories; and requests for production October, 2003
c. E The following discovery issues are anticipated (specify):
Economic Litigation
‘
18.
a. This is a limited civil case (i.e., the amount demanded is $25,000 or less) and the economic litigation procedures
inCode
of Civil Procedure sections 90 through 98 will apply to this case.
b. E This is a limited civil case and a motion to withdraw the case from the economic litigation procedures or for additional
discovery will be led (if checked,explain specically why economic litigation procedures relating to discovery or trial
should not apply to this case):
19. Otherissues
The party or parties request that the following additional matters be considered or determined at the case management
conference (specify):
20. Meet and confer
a. The party or parties have met and conferred with all parties on all subjects required by rule 212 ofthe California Rules of
Court (”not exp/aml' The parties have been involved o‘ and on in negotiations to partition the
orchards for years, only to have reached impasse recently.
b. After meeting and conferring as required by rule 212 ofthe California Rules of Court, the parties agree on the following
(specify):
21. Case management orders
Previous case management orders in this case are (check one): D none attached as Attachment 21.
22. Total number of pages attached (if any):
lam completely familiarwith this case and will be fully prepared to discuss the status of discovery and ADR, as well as other issues
raised by this statement. and will possess the authority to enter into stipulations on these issues at the time ofthe case management
conference. including the written authority of the party where required.
Date: December 2, 2002
JOHN JEFFERY CARTER
(rva 0R PRINT NAME) (some OFVrY 6(AW0RNEY)
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
E Additional signatures are attached
CM"‘°‘“"J"'Y"2°°21 CASE MANAGEMENT STATEMENT LexisNasz'Mutomared California Judicial Council For-nu
PROOF OF SERVICE
Meline v. Meline, et al.
Butte County Superior Court Case No. 127180
I am a citizen of the United States and am a resident of the County of Butte. I am over the age of 18
years and not a party to the within action; my business address isCARTER LAW OFFICE, 329 Flume Street,
Chico, California 95928.
On this date, I served the foregoing document(s) described as:
Case Management Statement
On the parties below by placing a true copy thereof in a sealed envelope and served same on the
parties/counsel, addressed as follows:
W. Z. Jefferson Brown Alan Burchett (courtesy copy)
Price and Brown Stewart, Humpherys, Burchett & Molin
10 P.O. Box 1420 P.O. Box 720
Chico, CA 95927-1420 Chico, CA 95927-0720
ll
William A. Ward Nels A. Christensen
12 9 Williamsburg Lane Christensen & Schwartz, LLP
Chico, CA 95926 1 Governors Lane
l3 Chico, CA 95926
l4
15
The following is the procedure in which service of this document was e‘ected:
16
X U.S. Postal Service (placing such envelope(s) with postage thereon fully prepaid in the
l7 designated area for outgoing mail in accordance with this oice’s practice, whereby the
mail is deposited in the U.S. mailbox in the City of Chico, California aer the close ofthe
18 day’s business).
19 Federal Express
20 Express Mail
21 Personal Service
22 Facsimile
23
I declare under penalty ofperjury that the foregoing is true and correct and that this document is executed
24 at Chico, California on December 2, 2002.
25
26
27 ERIN MINTO
28
Preview
CM-1 1 0 OR PARTY WITHOUT AORN (Name arnumber, and address): FOR COURT USE ONLY Jo n‘ Je‘e ATTOgNEY Carter aI' 07983 I) CARTER AW OF CE 329 Flume Street Chlco, Callforma 95928 TELEPHONE No‘: (530) 342-6 1 96 (530) 342-6195 FAX No. (Optional): « E-MAlL ADDRESS (Oplional): F Plainti‘s ATTORNEY FoR (Name); Edward Richard Meline and Charlene Meline SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F BUTTE E f STREErADDREss: One Court Street L DEC 2 2002 L MAILING ADDRESS: . U E Oroville 95965 crrv AND ZIP CODE: K. D ar I 'c nd Clerk D BRANCH NAME: PLAINTIFF/PET‘T'ONERI Mmpmy Edward Richard Meline and Charlene Meline, et a1. DEFENDANT/RESPONDENT: Jack Meline, et a1, CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): UNLIMITED CASE E LIMITED CASE (Amountdemanded Is$25.000 _ 127180 (Amountdemanded exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE ISscheduled as fOIIOWSI Date: December 9, 2002 Time: 3:00 p.m. Dept: TBA Div.:TBA Room: TBA Address of court (ifd/‘fferent from the address above): INSTRUCTIONS: AII applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answerone): a. This statement Is submitted by party (name): Plainti‘s Edward Richard Meline and Charlene Meline b. E This statement Is submitted jointly by parties (names): 2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) a. The complaint was led on (date): March 6, 2002 b. E The cross-complaint, if any, was led on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. All parties named in the complaint and cross-complaint have been served, or have appeared. or have been dismissed. b. E The following parties named in the complaint or cross-complaint (1) E have not been served (specify names and explain why not): (2) E have been served but have not appeared and have not been dismissed (specifynames): (3) E have had a default entered against them (specifynames): C. E The following additional parties may be added (specify names, nature ofinvo/vement in case, and the date by which they may be served); Description of case 4. a. Type of case in . complaInt E . cross-compIaInt . . . (describe, Including causes . of action): Action for partition of real property and for injunctive relief. . Page1 0M V Form Adopted for Mandatory Use Judicial CouncilofCalifornia CASE MANAGEMENT STATEMENT Cal. Rules of Court. ,ule 212 July1. 2002] CM-_110 [New LexixNaxis"A ulamaled California Judicial Council Forms w v)" CASE NUMBER: PLA'NT'FF/PET'T‘ONERi Edward Richard Meline, et a1. 127 1 80 DEFENDANT/RESPONDENT: Jack Meline, et a1, 4. b. Provide a brief statement ofthe case, including any damages. (”persona/injury damages are sought, specify the injury and damages claimed, including medical expenses to date [indicatesource and amount], estimated future medical expenses, lost earnings to date,and estimated futurelostearnings. If equitable relief is sought, describe the nature of the relief.) Plainti‘ and defendants are four branches of the Meline family and as such, own more or less equally appoximately 820 acres of contiguous almond orchards in Butte County. They also own in equal shares a corporation which has farmed the orchards since 1980 through a crop share leasing arrangement. Actual management of the orchards has been delegated by the corporation to plainti‘ Edward Richard Meline with regard to the southernmost approximately one-half of the orchards and defendant Jack Meline with respect to the northernmost one-half. Plainti‘s now wish to partition the orchards and pending such, to continue to farm the southern half of the orchards, or at least that part of the southern half farmed by them continuously since the 19405. E (/fmore space is needed, check this box and attach a page designated as Attachment 4b.) 5. Jury or nonjury trial The party or parties request E ajury trial a nonjurytrial (ifmore than one party, provide the name of each party requesting a jury trial): 6. Trial date a. E The trial has been set for (date): No trial date has been set. ofthe complaint (if This case will be ready for trial within 12 months of the date of the ling b. not, explain): c. Dates on which parties or attorneyswi||not be available for trial (specify dates and explain reasons for unavailability): 7. Estimated length oftrial The party or parties estimate thatthe trial will take (check one): a. days (specifynumber):FiVe b. E hours (short causes) (specify): 8. Trial representation (to be answered for each part ) The party or parties will be represented at trial in the caption by the attorney or party listed bythe following: a. Attorney: b. Firm: c. Address: d. Telephone number: e. Fax number: f. E-mail address: g. Party represented: E Additional representation is described in Attachment 8. 9. Preference This case is entitled to preference (specify code section): 10.Alternative Dispute Resolution (ADR) a. Counsel E has E has not provided the ADR information package identied in rule201.9 to the client and has reviewed ADR options with the client. b. E Aii parties have agreed to a form ofADR. ADR win be completed by (date): 0- E The case has gone to an ADR process (indicate status): "WW- W CASE MANAGEMENT STATEMENT Page LesNexis'Wutomated California Judicial Council Forms PLAINT'FF/PETITIONERIEdward inward Meline, et a1. :ASENUMBERI 127180 —DEFENDANT/RESP0NDENT; Jack Meline, et a1. 10. d. The party or parties are willing to participate in (check all that app/y): (1) Mediation (2) D Nonbinding judicial arbitration under Code of Civil Procedure section 1141.12 (discovery to close 15 days arbitration underCal.Rules of Court, rule1612) before (3) E Nonbindingjudicial arbitrationunder Code ofCiviI Procedure section 1141.12 (discoveryto remain open until 30 days before trial; order required under Cal. Rules of Court, rule 1612) (4) E Bindingjudicialarbitration (5) E Binding private arbitration (6) E Neutral case evaluation (7) D Other (specify): e. This matter is subjectto mandatoryjudicial arbitration because the amount in controversy does not exceed the statutory limit. f. E in Code of Civil Plaintiff elects to referthis case to judicial arbitration and agrees to limit recovery to the amount specied Procedure section 1141 .1 1. g; This case is exempt from judicial arbitration under rule 1600.5 ofthe California Rules of Court (specify exemption): 11. Settlement conference The party or parties are willing to participate in an early settlement conference (specify when): at the Court's discretion. 12. Insurance a. E this statement (name): Insurance carrier, if any, for party ling b. Reservation ofrights: E Yes E No c. E Coverageissueswillsignicantly affectresolution ofthis case (explain): 13. Jurisdiction Indicate any matters that may affect the court's jurisdiction or processing ofthis case, and describe the status. E Bankruptcy E Other(specify): Status: 14. Related cases, consolidation, and coordination a. There are companion. underlying. or related cases. (1) Name of case: (2) Name of court: (3) Case number: (4) Status: Additional cases are described in Attachment 14a. b. E Amotionto E consolidate E coordinate will be led by (name party): 15. Bifurcation The party or parties intend to lea motion for an order bifurcating. severing,'or coordinating the following issues or causes of action (specify moving party, type ofmotion,and reasons): 16. Other motions D The party or parties expect to lethe following motions before trial (specify moving party, type of motion, and issues): CM“‘°IN°WJ“'“- 2W2] CASE MANAGEMENT STATEMENT 'xNexismA ufomafed California Judicial Council Forms ’ASE NUMBER: PLAINTIFF/PETITIONER:Edward luuuard Meline, et a1. 1271 80 _DEFENDANT/RESP0NDENT: Jack Meline, et a1. 17. Discovery a. E The party or parties have completed all discovery. b. The following discovery will be completed by the date specied (describe all anticipated discovery): m Date Defendants Depositions of defendant parties and experts October, 2003 Defendants Interrogatories; and requests for production October, 2003 c. E The following discovery issues are anticipated (specify): Economic Litigation ‘ 18. a. This is a limited civil case (i.e., the amount demanded is $25,000 or less) and the economic litigation procedures inCode of Civil Procedure sections 90 through 98 will apply to this case. b. E This is a limited civil case and a motion to withdraw the case from the economic litigation procedures or for additional discovery will be led (if checked,explain specically why economic litigation procedures relating to discovery or trial should not apply to this case): 19. Otherissues The party or parties request that the following additional matters be considered or determined at the case management conference (specify): 20. Meet and confer a. The party or parties have met and conferred with all parties on all subjects required by rule 212 ofthe California Rules of Court (”not exp/aml' The parties have been involved o‘ and on in negotiations to partition the orchards for years, only to have reached impasse recently. b. After meeting and conferring as required by rule 212 ofthe California Rules of Court, the parties agree on the following (specify): 21. Case management orders Previous case management orders in this case are (check one): D none attached as Attachment 21. 22. Total number of pages attached (if any): lam completely familiarwith this case and will be fully prepared to discuss the status of discovery and ADR, as well as other issues raised by this statement. and will possess the authority to enter into stipulations on these issues at the time ofthe case management conference. including the written authority of the party where required. Date: December 2, 2002 JOHN JEFFERY CARTER (rva 0R PRINT NAME) (some OFVrY 6(AW0RNEY) (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) E Additional signatures are attached CM"‘°‘“"J"'Y"2°°21 CASE MANAGEMENT STATEMENT LexisNasz'Mutomared California Judicial Council For-nu PROOF OF SERVICE Meline v. Meline, et al. Butte County Superior Court Case No. 127180 I am a citizen of the United States and am a resident of the County of Butte. I am over the age of 18 years and not a party to the within action; my business address isCARTER LAW OFFICE, 329 Flume Street, Chico, California 95928. On this date, I served the foregoing document(s) described as: Case Management Statement On the parties below by placing a true copy thereof in a sealed envelope and served same on the parties/counsel, addressed as follows: W. Z. Jefferson Brown Alan Burchett (courtesy copy) Price and Brown Stewart, Humpherys, Burchett & Molin 10 P.O. Box 1420 P.O. Box 720 Chico, CA 95927-1420 Chico, CA 95927-0720 ll William A. Ward Nels A. Christensen 12 9 Williamsburg Lane Christensen & Schwartz, LLP Chico, CA 95926 1 Governors Lane l3 Chico, CA 95926 l4 15 The following is the procedure in which service of this document was e‘ected: 16 X U.S. Postal Service (placing such envelope(s) with postage thereon fully prepaid in the l7 designated area for outgoing mail in accordance with this oice’s practice, whereby the mail is deposited in the U.S. mailbox in the City of Chico, California aer the close ofthe 18 day’s business). 19 Federal Express 20 Express Mail 21 Personal Service 22 Facsimile 23 I declare under penalty ofperjury that the foregoing is true and correct and that this document is executed 24 at Chico, California on December 2, 2002. 25 26 27 ERIN MINTO 28