Preview
owl-110
ATTORNEY 0R PARTY WITHOUT ATrORNEY (Name number, and address): FOR COURT USE ONLY
N'els A. Christensen (Ba; 037410)
—CHRISTENSEN & SCHWARZ, LLP
1 Governors Lane Chico, Callfornla
_ I
95926
TELEPHONEN0.(53O) 343- 5875FAXNO(0ponaI) (530) 343-6454
EMAIL ADDRESS (Optional).
ArrORNEY FOR(NamJACK MELINE and SHARON MELINE , Defendants
SUPERIOR COURT 0F CALIFORNIA. COUNTY OF BUTTE Superior Court
STREETADDREss: 655 Oleander Avenue l
MAILINGADDRESS:655 Oleander Avenue
cmrANDzuaconE: Chico, California 959263
"
BRANCHNAME: i
PLAINT'FF/PET'TIONERi Edward Richard Meline, etc.
DEFENDANT/RESPONDENT: Jack Meline and Sharon Meline,, et
CASE MANAGEMENT STATEMENT CASE NUMBER:
(Check one): UNLIMITED CASE E] LIMITED CASE
(Amountdemanded g
(Amount demanded is $25.000 127180
exceeds $25,000) ,
iorless)
A CASE MANAGEMENT CONFERENCE is scheduled es follows:
Date: October v10,~ 2003 ‘
Time: 10 : 30 la.m. Dept.: TBA Div.: Room:
Address of court (if different from the address above):
INSTRUCTIONS: All applicable boxes must be checked, and the specied information must be provided.
Defendants JACK MELINE and SHARON MELINE;
1. Party or parties (answer one): Cross-Defendant JACK MELINE , Trustee of the
a. Thisstatementissubmitted byparty(name):Jack Meline Irrevocable Trust dated
b. E This statement is submitted jointly by parties (names): December 31, 1994
2. Complaint and cross-com plalnt (to be answered by plaintiffs and cross—complainants only) .
a.
b. EThe complaint was led
The
on (date):
cross-complaint.
ifany, wasIled on (date):
3. Service (to be answered by plainti's and cross-complainants only)
a. D All partiesnamed in thecomplaint 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) D have been served but havei not appeared and~have not been dismissed (specify names):
(3) E have had a default
entered :against
them (specily names):
C E The following additional parties may be added (specify names, nature ofinvolvement'In case, and the date by which
they may be served).
4. Description of case
a. Type of case in complaint i
cross-complaint (describe, including causes of action):
The complaint‘seeks partition’of real property and an injunction. The
cross-complaint seeks partition of additional real property-
.
Page1 of 4
F°33dggpgfu§gm§g§tgggse CASE MANAGEMENT STATEMENT Cat
Rulesomflggf;
CM-1 1 0 [New July 1. 2002]
LexisNexirAwomaled Calyornia Judicial Council Forms
FKAWTWHPEHHONHtEDWARD RICHARD MELINE, etc. cwEMNER
'
MELINE 127180
DEFENDANT/RESPONDENT:JACK and SHARON MELINE, et al.
4. b. Provide a brief statement of the case, including any damages. (prersonal injury damages are sought, specify the injury and
damages claimed, including medical expenses to date [indicate source and amount], estimated future medical expenses, lost
earnings to date, and estimated futwe lost eamings. If equitable reliefis sought, describe the nature of the relief.)
The plaintiff seeks partition in kind of real property (orchard
property) . The cross—complaint seeks partition in kind of additional
real property (range land) . Defendants JACK and SHARON MELINE agree that
partition in kind of the orchard property is appropriate.
Cross—defendant JACK MELINE, Trustee of the Jack Meline Irrevocable
Trust dated December 31, 1994, agrees that partition in kind of the
range land is appropriate.
As noted in ll, below, this case has been tentatively settled.
E (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 ajury trial):
E a jury trial a nonjury trial (ifmore than one party, provide the name of each party
~
Trial date .
a The trial has been set for (date):
b. No trial date has been set.This case will be ready fortrial within 12 months of the date ofthe ling
ofthe complaint (if
not, explain):
c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for
unavailability):
November ll , 2003 through December 8, 2003
Estimated length of trial
The party or parties estimate that the trial will take (check one):
a. days (specify number): Six ( 6)
b. E hours (short causes) (specihr):
Trial representation (to be answered for each party)
E
V
The party or parties will be represented at trial by the attorney or party listed
in the caption
' by the following:
Attorney: .
Firm:
Address:
Telephone number:
Fax number:
E-mail address:
. Party represented:
E Additional representation is described in Attachment 8.
Preference .
This case is entitled to preference (specify code section):
10. Alternative Dispute Resolution (ADR)
a. Counsel has has not provided the ADR information package identified in rule 201 .9 to theivclient and has
reviewed ADR options with the client. '
’
- - '
b. E All parties have agreed to a form of ADR. ADR will be completed by (date):
C- E The case has gone to an ADR process (indicate status):
CM-1 1 0 [New July 1. 2002]
CASE MANAGEMENT STATEMENT Page 2 of 4
LrNexir-Automaled California Judicial Council Forms
PLAINTIFF/PETITIONER:EDWARD :HARD MELINE, etc. ‘ASENUMBER
127180
DEFENDANT/RESPONDENT:JACK MELINE and SHARON MELINE, et al.
10. d. The party of parties are willing to participate in (check all that apply):
-
(1) -Mediati°” Previous mediation has resulted in a tentative settlement.
(2) E Nonbinding judicial arbitration under Code of Civil Procedure section 1141. 12 (discovery to close 15 days before
under Cal. Rules of Court
arbitration rule 1612)
(3) E .
Nonbinding judicial arbitration under Code of Civil Procedure section 1141 .12 (discovery to remain open until 30 days
'
before trial; order required under Cal. Rules of Court, rule 1612)
(4) E Bindingjudicial arbitration
(5) E Binding private arbitration
(6) E Neutral case evaluation
(7) E Other (specify):
e. E This matter is subject to mandatory judicial arbitration because the amount’in controversy does not exceed the statutory limit.
f. D Plaintiff elects to refer this case to judicial
Procedure section 1141. 11. arbitration
.
and agrees to limit recovery to the amount specied In Code of Civil
n
I
g. This case is exempt from judicial arbitration under rule 1600.5 of the California Rules of Court (specify exemption): i
Rule 1600 . 5 (a)
11. Settlement conference
-The pa
Mu
or parties are willing to participate'In an early settlement conference (specify when):
tiple drafts of the settlement agreement have been prepared and considered.
It is believed that substantial progress has been made and that the revised
12. Insurancesettlement agreement in process may be acceptable to all parties.
'
a. E Insurance carrier, if any,for party lingthis
statement(name):
'
b. Reservation of rights: E Yes E No-
c. E Coverageissues will signicantly affectreSolution ofthis case (explain).
13. Jurisdiction
Indicate any matters that may affect the court's jurisdiction or processing of this case, and describe the status.
E Bankruptcy E Other(specify):
Status:
i
14. Related cases. consolidation,‘and coordination
a. E There are companion, underlying. or related cases.
Name of case:
(1)
(2) Name of court:
(3) Case number:
(4) Status:
E Additional cases are describedIn 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 Issues or causes of
action (specify moving party, type of motion, and reasons): following'
16. Other motions . ,
E The party or parties expect to le the following motions before trial (specify moving party, type ofmotion, and issues):
“M'”°l”°“"'y"2°°21 CASE "9° 3 °”
MANAGEMENT STATEMENT LukaNaerAmomaled California Judicial Council Forms
PLAINTIFF/PETITIONER:EDWARD RICHARD MELINE, etc. CASE NUMBER:
_ 127 l 8O
DEFENDANT/RESPONDENT: JACK MELINE and SHARON MELINE , et al .
17. Discovery
a. The party or parties have completed all discovery.
b. The following discovery will be completed by the date specied (describe all anticipated discovery):
Par_ty Description
Date
If the involved parties are unable to agree upon the manner i-n which the
subject properties are to be partitioned in kind, it is likely that there
will be extensive discovery regarding expert witnesses.
It is anticipated that such discovery, if needed, can be completed by
June 2004.
c. E The following discovery issues are anticipated (specify):
w
8. Economic Litigation
E
1
.
a. This is a limited civil case (i.e.. the amount demanded is $25,000 or less) and the economic
litigation procedures in Code
of Civil Procedure
b. E sections 90 through 98 will apply to this case.
This is a limited civil case and a motion to withdraw the case from the economic litigation
discovery will be led (if checked, explain specically
prpcedures or for additional
why economic litigation procedures relating to discovery or tn'al
should not apply to this case): _ ,. .
19. Other issues
The party or'parties request that the following additional matters be considered or determined at the case
management
conference(specifyubstantial progress has been made toward a comprehensive
settlement agreement. It is suggested and requested that the
Case Management Conference be continued for the purpose of
determining whether the tentative settlement can be reduced
20. Meetand confer to an acceptable written settlement agreementt
a. The party or parties have met and conferred with all parties on all Subjects required by rule 212 of the California Rules of
Court (ifnot,exp/ain).'The parties have engaged in extensive settlement
negotiations and mediation which has resulted in a
tentative settlement.
After meeting and
conferring as required by rule 212 of the California Rules of Court, the parties agree on the following
b.
(specify):
21. Case management orders
Previous case management orders in this case are (check one): none [j attached as Attachment 21.
22. Total number of pages'attached (ifany): 0
l am completely familiar with 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 of the case
management
conference. including the written authorityof the party where required.
Date: September
NELs
24,
A.
2003
CHRISTENSEN
(TYPE 0R PRINT NAME)
> W &\
\
(SIGNATURE‘OF PARTY 0R ATTORNEY)
(TYPE OR PRINT NAME)
(SIGNATURE 0F PARTY 0R ATTORNEY)
E Additional signatures are attached
0M4 1o [New Ju'y
1'2°02]
CASE MANAGEMENT STATEMENT 0' 4
lsNex/av-Aulomated California Judicial Council 51972:
PROOF OF SERVICE BY MAIL - CCP 1013a. 2015.5
In LISA R. MORTON, declare that:
l. I am a resident of and employed in the County of
Butte, State of California. I am over the age of eighteen years
and not a party to the within action; my business address is as
follows: l Governors Lane, Chico, Butte County, California
95926.
2. On September 24, 2003, I served the following:
Case Management Statement
10
11
on the interested parties in said action, by following ordinary
12 business practice, placing a true copy thereof-enclosed in a
sealed envelope, for collection and mailing with the United
13 States Postal Service,where it would be deposited for first
class de—livery, with postage thereon fully prepaid, in the
14 United States Postal Service at Chico, California, that same day
in the ordinary course of business, addressed as follows:
15
16 Mr. John Jeffery Carter Mr. W. Z. Jefferson Brown
Carter Law Office Price and Brown
17
Post Office Box 3606 Post Office Box 1420
Chico, California 95927 Chico, California 95927
18
19 Mr. William A. Ward James B. Berglund
Attorney at Law Attorney at Law
20 9 Williamsburg Lane 1639 Bird Street
21
Chico, California 95926 Oroville, California 95965
22
3. I declare under penalty of perjury that the foregoing
23 is true and correct, and that this declaration was executed on
September 24, 2003, at Chico, Butte County, California.
24
25 927122239
ISA R. MORTON
26
LAW OFFICES OF
CHRISTENSEN & SCIIWARZ, LLP
l Governors Lane
Chico, California 95926
Phone: 530/543-5875
Fax: 550/3436454
Preview
owl-110 ATTORNEY 0R PARTY WITHOUT ATrORNEY (Name number, and address): FOR COURT USE ONLY N'els A. Christensen (Ba; 037410) —CHRISTENSEN & SCHWARZ, LLP 1 Governors Lane Chico, Callfornla _ I 95926 TELEPHONEN0.(53O) 343- 5875FAXNO(0ponaI) (530) 343-6454 EMAIL ADDRESS (Optional). ArrORNEY FOR(NamJACK MELINE and SHARON MELINE , Defendants SUPERIOR COURT 0F CALIFORNIA. COUNTY OF BUTTE Superior Court STREETADDREss: 655 Oleander Avenue l MAILINGADDRESS:655 Oleander Avenue cmrANDzuaconE: Chico, California 959263 " BRANCHNAME: i PLAINT'FF/PET'TIONERi Edward Richard Meline, etc. DEFENDANT/RESPONDENT: Jack Meline and Sharon Meline,, et CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): UNLIMITED CASE E] LIMITED CASE (Amountdemanded g (Amount demanded is $25.000 127180 exceeds $25,000) , iorless) A CASE MANAGEMENT CONFERENCE is scheduled es follows: Date: October v10,~ 2003 ‘ Time: 10 : 30 la.m. Dept.: TBA Div.: Room: Address of court (if different from the address above): INSTRUCTIONS: All applicable boxes must be checked, and the specied information must be provided. Defendants JACK MELINE and SHARON MELINE; 1. Party or parties (answer one): Cross-Defendant JACK MELINE , Trustee of the a. Thisstatementissubmitted byparty(name):Jack Meline Irrevocable Trust dated b. E This statement is submitted jointly by parties (names): December 31, 1994 2. Complaint and cross-com plalnt (to be answered by plaintiffs and cross—complainants only) . a. b. EThe complaint was led The on (date): cross-complaint. ifany, wasIled on (date): 3. Service (to be answered by plainti's and cross-complainants only) a. D All partiesnamed in thecomplaint 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) D have been served but havei not appeared and~have not been dismissed (specify names): (3) E have had a default entered :against them (specily names): C E The following additional parties may be added (specify names, nature ofinvolvement'In case, and the date by which they may be served). 4. Description of case a. Type of case in complaint i cross-complaint (describe, including causes of action): The complaint‘seeks partition’of real property and an injunction. The cross-complaint seeks partition of additional real property- . Page1 of 4 F°33dggpgfu§gm§g§tgggse CASE MANAGEMENT STATEMENT Cat Rulesomflggf; CM-1 1 0 [New July 1. 2002] LexisNexirAwomaled Calyornia Judicial Council Forms FKAWTWHPEHHONHtEDWARD RICHARD MELINE, etc. cwEMNER ' MELINE 127180 DEFENDANT/RESPONDENT:JACK and SHARON MELINE, et al. 4. b. Provide a brief statement of the case, including any damages. (prersonal injury damages are sought, specify the injury and damages claimed, including medical expenses to date [indicate source and amount], estimated future medical expenses, lost earnings to date, and estimated futwe lost eamings. If equitable reliefis sought, describe the nature of the relief.) The plaintiff seeks partition in kind of real property (orchard property) . The cross—complaint seeks partition in kind of additional real property (range land) . Defendants JACK and SHARON MELINE agree that partition in kind of the orchard property is appropriate. Cross—defendant JACK MELINE, Trustee of the Jack Meline Irrevocable Trust dated December 31, 1994, agrees that partition in kind of the range land is appropriate. As noted in ll, below, this case has been tentatively settled. E (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 ajury trial): E a jury trial a nonjury trial (ifmore than one party, provide the name of each party ~ Trial date . a The trial has been set for (date): b. No trial date has been set.This case will be ready fortrial within 12 months of the date ofthe ling ofthe complaint (if not, explain): c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability): November ll , 2003 through December 8, 2003 Estimated length of trial The party or parties estimate that the trial will take (check one): a. days (specify number): Six ( 6) b. E hours (short causes) (specihr): Trial representation (to be answered for each party) E V The party or parties will be represented at trial by the attorney or party listed in the caption ' by the following: Attorney: . Firm: Address: Telephone number: Fax number: E-mail address: . Party represented: E Additional representation is described in Attachment 8. Preference . This case is entitled to preference (specify code section): 10. Alternative Dispute Resolution (ADR) a. Counsel has has not provided the ADR information package identified in rule 201 .9 to theivclient and has reviewed ADR options with the client. ' ’ - - ' b. E All parties have agreed to a form of ADR. ADR will be completed by (date): C- E The case has gone to an ADR process (indicate status): CM-1 1 0 [New July 1. 2002] CASE MANAGEMENT STATEMENT Page 2 of 4 LrNexir-Automaled California Judicial Council Forms PLAINTIFF/PETITIONER:EDWARD :HARD MELINE, etc. ‘ASENUMBER 127180 DEFENDANT/RESPONDENT:JACK MELINE and SHARON MELINE, et al. 10. d. The party of parties are willing to participate in (check all that apply): - (1) -Mediati°” Previous mediation has resulted in a tentative settlement. (2) E Nonbinding judicial arbitration under Code of Civil Procedure section 1141. 12 (discovery to close 15 days before under Cal. Rules of Court arbitration rule 1612) (3) E . Nonbinding judicial arbitration under Code of Civil Procedure section 1141 .12 (discovery to remain open until 30 days ' before trial; order required under Cal. Rules of Court, rule 1612) (4) E Bindingjudicial arbitration (5) E Binding private arbitration (6) E Neutral case evaluation (7) E Other (specify): e. E This matter is subject to mandatory judicial arbitration because the amount’in controversy does not exceed the statutory limit. f. D Plaintiff elects to refer this case to judicial Procedure section 1141. 11. arbitration . and agrees to limit recovery to the amount specied In Code of Civil n I g. This case is exempt from judicial arbitration under rule 1600.5 of the California Rules of Court (specify exemption): i Rule 1600 . 5 (a) 11. Settlement conference -The pa Mu or parties are willing to participate'In an early settlement conference (specify when): tiple drafts of the settlement agreement have been prepared and considered. It is believed that substantial progress has been made and that the revised 12. Insurancesettlement agreement in process may be acceptable to all parties. ' a. E Insurance carrier, if any,for party lingthis statement(name): ' b. Reservation of rights: E Yes E No- c. E Coverageissues will signicantly affectreSolution ofthis case (explain). 13. Jurisdiction Indicate any matters that may affect the court's jurisdiction or processing of this case, and describe the status. E Bankruptcy E Other(specify): Status: i 14. Related cases. consolidation,‘and coordination a. E There are companion, underlying. or related cases. Name of case: (1) (2) Name of court: (3) Case number: (4) Status: E Additional cases are describedIn 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 Issues or causes of action (specify moving party, type of motion, and reasons): following' 16. Other motions . , E The party or parties expect to le the following motions before trial (specify moving party, type ofmotion, and issues): “M'”°l”°“"'y"2°°21 CASE "9° 3 °” MANAGEMENT STATEMENT LukaNaerAmomaled California Judicial Council Forms PLAINTIFF/PETITIONER:EDWARD RICHARD MELINE, etc. CASE NUMBER: _ 127 l 8O DEFENDANT/RESPONDENT: JACK MELINE and SHARON MELINE , et al . 17. Discovery a. The party or parties have completed all discovery. b. The following discovery will be completed by the date specied (describe all anticipated discovery): Par_ty Description Date If the involved parties are unable to agree upon the manner i-n which the subject properties are to be partitioned in kind, it is likely that there will be extensive discovery regarding expert witnesses. It is anticipated that such discovery, if needed, can be completed by June 2004. c. E The following discovery issues are anticipated (specify): w 8. Economic Litigation E 1 . a. This is a limited civil case (i.e.. the amount demanded is $25,000 or less) and the economic litigation procedures in Code of Civil Procedure b. E sections 90 through 98 will apply to this case. This is a limited civil case and a motion to withdraw the case from the economic litigation discovery will be led (if checked, explain specically prpcedures or for additional why economic litigation procedures relating to discovery or tn'al should not apply to this case): _ ,. . 19. Other issues The party or'parties request that the following additional matters be considered or determined at the case management conference(specifyubstantial progress has been made toward a comprehensive settlement agreement. It is suggested and requested that the Case Management Conference be continued for the purpose of determining whether the tentative settlement can be reduced 20. Meetand confer to an acceptable written settlement agreementt a. The party or parties have met and conferred with all parties on all Subjects required by rule 212 of the California Rules of Court (ifnot,exp/ain).'The parties have engaged in extensive settlement negotiations and mediation which has resulted in a tentative settlement. After meeting and conferring as required by rule 212 of the California Rules of Court, the parties agree on the following b. (specify): 21. Case management orders Previous case management orders in this case are (check one): none [j attached as Attachment 21. 22. Total number of pages'attached (ifany): 0 l am completely familiar with 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 of the case management conference. including the written authorityof the party where required. Date: September NELs 24, A. 2003 CHRISTENSEN (TYPE 0R PRINT NAME) > W &\ \ (SIGNATURE‘OF PARTY 0R ATTORNEY) (TYPE OR PRINT NAME) (SIGNATURE 0F PARTY 0R ATTORNEY) E Additional signatures are attached 0M4 1o [New Ju'y 1'2°02] CASE MANAGEMENT STATEMENT 0' 4 lsNex/av-Aulomated California Judicial Council 51972: PROOF OF SERVICE BY MAIL - CCP 1013a. 2015.5 In LISA R. MORTON, declare that: l. I am a resident of and employed in the County of Butte, State of California. I am over the age of eighteen years and not a party to the within action; my business address is as follows: l Governors Lane, Chico, Butte County, California 95926. 2. On September 24, 2003, I served the following: Case Management Statement 10 11 on the interested parties in said action, by following ordinary 12 business practice, placing a true copy thereof-enclosed in a sealed envelope, for collection and mailing with the United 13 States Postal Service,where it would be deposited for first class de—livery, with postage thereon fully prepaid, in the 14 United States Postal Service at Chico, California, that same day in the ordinary course of business, addressed as follows: 15 16 Mr. John Jeffery Carter Mr. W. Z. Jefferson Brown Carter Law Office Price and Brown 17 Post Office Box 3606 Post Office Box 1420 Chico, California 95927 Chico, California 95927 18 19 Mr. William A. Ward James B. Berglund Attorney at Law Attorney at Law 20 9 Williamsburg Lane 1639 Bird Street 21 Chico, California 95926 Oroville, California 95965 22 3. I declare under penalty of perjury that the foregoing 23 is true and correct, and that this declaration was executed on September 24, 2003, at Chico, Butte County, California. 24 25 927122239 ISA R. MORTON 26 LAW OFFICES OF CHRISTENSEN & SCIIWARZ, LLP l Governors Lane Chico, California 95926 Phone: 530/543-5875 Fax: 550/3436454