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W. Z. JEFFERSON BROWN, SBN 38996
PRICE & BROWN F F
Attorneys at Law l SUper'O’ CCU”
466 Vallombrosa Avenue L I
P. O. BOX 1420
Chico, California 95927 E
Telephone: (530) 343-4412 " --
.
Fax:
Email:
(530) 343—7251
2%_L0
pbhla@sunset.net ’2 lgaj') 0
Attorneys for Defendant DOROTHY MAY RABO
SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE
EDWARD RICHARD MELINE and
CHARLENE MARY MELINE, Trustees
under the Edward Richard Meline and
Charles M. Meline Revocable Living Case No. 127180
Trust dated December 30, 1992,
ANSWER OF DEFENDANT
Plaintiffs, DOROTHY MAY RABO,
INDIVIDUALLY, AND AS
vs. TRUSTEE OF THE FRED
ALFRED RABO MARITAL
JACK MELINE, SHARON MELINE, TRUST AND THE FRED
DOROTHY MAY RABO, the testate and ALFRED RABO EXEMPTION
intestate successors and all persons EQUIVALENT TRUST, TO
claiming by, through or under FRED A. COMPLAINT FOR PARTITION
RABO, deceased, VIOLET ARLENE AND TEMPORARY RESTRAIN—
MELINE, STEPHEN MELINE IV, ING ORDER, PRELIMINARY
ROBERT J. MELINE, NELDA F. JESSE, AND PERMANENT
MELANIE G. EDGINGTON, the testate INJUNCTIONS
and intestate successors and all
persons claiming by, through or under
DAVID L. MELINE, MELINE 85 RABO
FARMS, INC., a California corporation,
and DOES 1 through 20, inclusive,
Defendants.
Answer of Defendant Dorothy May Rabo 1
LAW OFFlCES OF
PRICE & BROWN
R0. BOX 1420
CHICO, CA 95927
'1?
Pursuant to stipulation with plaintiffs, defendant DOROTHY MAY
RABO, individually, and as Trustee of the Fred Alfred Rabo Exemption Equivalent
Trust and the Fred Alfred Rabo Marital Trust, les the following unveried answer
to the veried complaint on le herein.
1. For answer to the allegations contained in 1m 1, 2, 3, 4, 5, 6 and
7 thereof, admits and alleges that she, in her individual and representative
capacity, owns an interest in the Real Property as alleged in the complaint and
generally admits remaining allegations contained therein.
the
2. For answer to the allegations contained in '[Hl8 and 9 thereof,
generally denies the allegations contained therein.
3. For answer to the allegations contained in 1H] 10, 11 and 12
thereof, admits that this answering defendant has not accepted plaintiffs’ offer as
set forth in Exhibit E, denies that the value appraised by Peter F. Brennan 8r,Sons
reects the fair market value of the real property and the improvements thereon,
and except as denied, generally admits the allegations contained therein.
4. For answer to the allegations contained in l
13 thereof, admits and
alleges that partition of the real property and the improvements thereon is in the
interests of plaintiffs and defendants and except as admitted, generally denies the
allegations contained therein.
5. Answering ‘ 15, denies that plaintiffs have or will incur attorneys
fees for the common benet of the parties hereto and generally denies each and
every allegation contained therein.
6. For answer to the allegations contained in 1H] 16 and 18 thereof,
incorporates herein by reference her responses to the allegations set forth in 11111
through 15.
7. For answer to the allegations contained in 1H] 19, 20, 21 and 23
thereof, denies each and every allegation contained therein and further denies that
plaintiffs will suffer damage in any amount whatsoever as a result of any
threatened or actual conduct of this answering defendant.
Answer of Defendant Dorothy May Rabo 2
LAW OFFICES OF
PRICE & BROWN
P.O. BOX 1420
CHICO. CA 95927
FIRST AFFIRMATIVE DEFENSE
As a rst, separate and afrmative defense to the second cause of
action, this defendant alleges, based on information and belief, that plaintiffs
should be denied all equitable relief because plaintiffs have been guilty of breach
of their duties of loyalty, good faith and fair dealing owed to defendant Meline 85
Rabo Farms, Inc. and to their shareholders thereof in their management of the
Ranch I.
WHEREFORE, this answering defendant prays for partition of the
Real Property described in Exhibit A to the complaint on le herein in accordance
With the rights of the parties to this litigation, for costs of suit and for such other
and further relief as the court deems proper.
Dated: December 5, 2002 PRICE 85 BROWN
By W/ W. Z. Jeff$on
for Defendant
Brown
DOROTHY
Attorneys
MAY RABO, individually, and as
Trustee of the Fred Alfred Rabo
Exemption Equivalent Trust and
the Fred Alfred Rabo Marital Trust
Answer of Defendant Dorothy May Rabo 3
LAW OFFICES OF
PRICE & BROWN
P.O. BOX 1420
CHICO. CA 95927
W
PROOF OF SERVICE BY MAIL
I, declare that:
I am a resident of the County of Butte, State of California. I am over the age
of eighteen years and not a party to the Within matter; my business address is 466
Vallombrosa Avenue, Chico, California. I am familiar With this rm’s practice for
collection and processing correspondence for mailing with the United States Postal Service
pursuant to which practice all correspondence will be deposited with the United States
Postal Service the same day and in the ordinary course of business.
On December 2002, I served the ANSWER OF DEFENDANT DOROTHY
MAY RABO, INDIVIDUALLY, AND AS TRUSTEE OF THE FRED ALFRED RABO MARITAL
TRUST AND THE FRED ALFRED RABO EXEMPTION EQUIVALENT TRUST, TO
COMPLAINT FOR PARTITION AND TEMPORARY RESTRAINING ORDER, PRELIMINARY
AND PERMANENT INJUNCTIONS on the parties in said cause by placing a true copy
thereof, enclosed in a sealed envelope With rst-class postage thereon, and placed for
collection and mailing following ordinary business practices, addressed as follows:
John Jeffery Carter
Attorney at Law
P. O. Box 3606
Chico, CA 95927-3606
Nels A. Christensen
Christensen 85 Schwarz
1 Governors Lane
Chico, CA 95926
William A. Ward
Attorney at Law
9 Williamsburg Lane
Chico, CA 95926
Stephen Meline IV
P. O. Box 273
Chico, CA 95927
I declare under penalty of perjury under the laws of the State of California
that the foregoing is true and correct and that this declaration was executed on December
5 ,2002, at Chico, California.
640% aw/u a»;
LAW OFFICES OF
O Cheryl Goodwin
PRICE & BROWN
P.O. BOX 1420
CHICO. CA 95927
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W. Z. JEFFERSON BROWN, SBN 38996 PRICE & BROWN F F Attorneys at Law l SUper'O’ CCU” 466 Vallombrosa Avenue L I P. O. BOX 1420 Chico, California 95927 E Telephone: (530) 343-4412 " -- . Fax: Email: (530) 343—7251 2%_L0 pbhla@sunset.net ’2 lgaj') 0 Attorneys for Defendant DOROTHY MAY RABO SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE EDWARD RICHARD MELINE and CHARLENE MARY MELINE, Trustees under the Edward Richard Meline and Charles M. Meline Revocable Living Case No. 127180 Trust dated December 30, 1992, ANSWER OF DEFENDANT Plaintiffs, DOROTHY MAY RABO, INDIVIDUALLY, AND AS vs. TRUSTEE OF THE FRED ALFRED RABO MARITAL JACK MELINE, SHARON MELINE, TRUST AND THE FRED DOROTHY MAY RABO, the testate and ALFRED RABO EXEMPTION intestate successors and all persons EQUIVALENT TRUST, TO claiming by, through or under FRED A. COMPLAINT FOR PARTITION RABO, deceased, VIOLET ARLENE AND TEMPORARY RESTRAIN— MELINE, STEPHEN MELINE IV, ING ORDER, PRELIMINARY ROBERT J. MELINE, NELDA F. JESSE, AND PERMANENT MELANIE G. EDGINGTON, the testate INJUNCTIONS and intestate successors and all persons claiming by, through or under DAVID L. MELINE, MELINE 85 RABO FARMS, INC., a California corporation, and DOES 1 through 20, inclusive, Defendants. Answer of Defendant Dorothy May Rabo 1 LAW OFFlCES OF PRICE & BROWN R0. BOX 1420 CHICO, CA 95927 '1? Pursuant to stipulation with plaintiffs, defendant DOROTHY MAY RABO, individually, and as Trustee of the Fred Alfred Rabo Exemption Equivalent Trust and the Fred Alfred Rabo Marital Trust, les the following unveried answer to the veried complaint on le herein. 1. For answer to the allegations contained in 1m 1, 2, 3, 4, 5, 6 and 7 thereof, admits and alleges that she, in her individual and representative capacity, owns an interest in the Real Property as alleged in the complaint and generally admits remaining allegations contained therein. the 2. For answer to the allegations contained in '[Hl8 and 9 thereof, generally denies the allegations contained therein. 3. For answer to the allegations contained in 1H] 10, 11 and 12 thereof, admits that this answering defendant has not accepted plaintiffs’ offer as set forth in Exhibit E, denies that the value appraised by Peter F. Brennan 8r,Sons reects the fair market value of the real property and the improvements thereon, and except as denied, generally admits the allegations contained therein. 4. For answer to the allegations contained in l 13 thereof, admits and alleges that partition of the real property and the improvements thereon is in the interests of plaintiffs and defendants and except as admitted, generally denies the allegations contained therein. 5. Answering ‘ 15, denies that plaintiffs have or will incur attorneys fees for the common benet of the parties hereto and generally denies each and every allegation contained therein. 6. For answer to the allegations contained in 1H] 16 and 18 thereof, incorporates herein by reference her responses to the allegations set forth in 11111 through 15. 7. For answer to the allegations contained in 1H] 19, 20, 21 and 23 thereof, denies each and every allegation contained therein and further denies that plaintiffs will suffer damage in any amount whatsoever as a result of any threatened or actual conduct of this answering defendant. Answer of Defendant Dorothy May Rabo 2 LAW OFFICES OF PRICE & BROWN P.O. BOX 1420 CHICO. CA 95927 FIRST AFFIRMATIVE DEFENSE As a rst, separate and afrmative defense to the second cause of action, this defendant alleges, based on information and belief, that plaintiffs should be denied all equitable relief because plaintiffs have been guilty of breach of their duties of loyalty, good faith and fair dealing owed to defendant Meline 85 Rabo Farms, Inc. and to their shareholders thereof in their management of the Ranch I. WHEREFORE, this answering defendant prays for partition of the Real Property described in Exhibit A to the complaint on le herein in accordance With the rights of the parties to this litigation, for costs of suit and for such other and further relief as the court deems proper. Dated: December 5, 2002 PRICE 85 BROWN By W/ W. Z. Jeff$on for Defendant Brown DOROTHY Attorneys MAY RABO, individually, and as Trustee of the Fred Alfred Rabo Exemption Equivalent Trust and the Fred Alfred Rabo Marital Trust Answer of Defendant Dorothy May Rabo 3 LAW OFFICES OF PRICE & BROWN P.O. BOX 1420 CHICO. CA 95927 W PROOF OF SERVICE BY MAIL I, declare that: I am a resident of the County of Butte, State of California. I am over the age of eighteen years and not a party to the Within matter; my business address is 466 Vallombrosa Avenue, Chico, California. I am familiar With this rm’s practice for collection and processing correspondence for mailing with the United States Postal Service pursuant to which practice all correspondence will be deposited with the United States Postal Service the same day and in the ordinary course of business. On December 2002, I served the ANSWER OF DEFENDANT DOROTHY MAY RABO, INDIVIDUALLY, AND AS TRUSTEE OF THE FRED ALFRED RABO MARITAL TRUST AND THE FRED ALFRED RABO EXEMPTION EQUIVALENT TRUST, TO COMPLAINT FOR PARTITION AND TEMPORARY RESTRAINING ORDER, PRELIMINARY AND PERMANENT INJUNCTIONS on the parties in said cause by placing a true copy thereof, enclosed in a sealed envelope With rst-class postage thereon, and placed for collection and mailing following ordinary business practices, addressed as follows: John Jeffery Carter Attorney at Law P. O. Box 3606 Chico, CA 95927-3606 Nels A. Christensen Christensen 85 Schwarz 1 Governors Lane Chico, CA 95926 William A. Ward Attorney at Law 9 Williamsburg Lane Chico, CA 95926 Stephen Meline IV P. O. Box 273 Chico, CA 95927 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration was executed on December 5 ,2002, at Chico, California. 640% aw/u a»; LAW OFFICES OF O Cheryl Goodwin PRICE & BROWN P.O. BOX 1420 CHICO. CA 95927