Preview
DEC 22 2003
@
a
[ATOR
W.
OR PART WTTEGUT ATTORNEY 0
‘O.
tate bar number, and adress):
Z. JEFFERSON BROWN, SBN 38996
FOR COURT USE ONLY
CM-110
PRICE & BROWN
P. oO. Box 1420
Chico, CA 95927
tevepHoneNo.: (530) 343-4412 FAX NO. (Optionah:( 5 3 0 ) 343-7251 Butte County F
Superior Court
£-MAt ADDRESS (Optional):
(see _l.a.)
|
2272003 §
ATTORNEY FOR (Name):
SUPERIOR COURT OF CALIFORNIA, COUNTY
‘STREET ADDRESS:
OF BUTTE e DEC
655 Oleander Ave.
(MAING ADORESS: Dg (ren
CITYANO 21P CODE: Chico, CA 95926 By 4]
FRANCH NAME:
PLAINTIFFIPETITIONER: EDWARD RICHARD MELINE, et al.
DEFENDANT/RESPONDENT: JACK MELINE, et al.
CASE MANAGEMENT STATEMENT ‘CASE NUMBER:
(Check one): Ged unuimitep case (J umitep case
(Amount demanded (Amount demanded is $25,000 127180
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: 1/9/04 Time: 10:30 a.m. Dept: TBA Div.: Room:
Address of court (if different from the address above):
INSTRUCTIONS: All applicable boxes must be checked, and the specified informati
on must be provided.
Defendants and cross-defendants RON RABO,
Party or parties (answer one): MICHAEL RABO, NICK RABO, MARY RABO SCHWEIGER
a. This statement is submitted by party (name): and SUE MILLER, as Executors of the Est. of
b. (] This statement is submitted jointly by parties (names): Dorothy May Rabo, Dec'd, and as Success
ors
in interest to the Fred and Dorothy Rabo
Rabo 1994 Irrevocable Trust dated 12/19/94
Complaint and cross-complaint (to be answered by plaintiffs and cross-co
mplainants only)
a The complaint was filed on (date):.
b. (_] The cross-complaint, if any, was filed on (date):
Senice (to be answered by plaintiffs and cross-complainants only)
a CI al parties named in the complaint and cross-complaint have been served,
or have appeared, or have been dismissed.
b. () The following parties named in the complaint or cross-complaint
(1) (J have not been served (specify names and explain why not):
(2) have been served but have not appeared and have not been dismisse
d (specify names):
(3) (2) have had a default entered against them (specify names).
Cc, The following additional parties may be added (specify names, nature
of involvement in case, and the date by which
they may be served):
Description of case
a Type of case in complaint (32) cross-compliaint (describe, including causes of action).
The complaint seeks partition of real property and an injunction
The cross-complaint .
seeks partition of additional real property.
Form Adopted for Mandatory Use Page 1 of4
Judicial Council of Californie CASE MANAGEMENT STATEMENT Cal. Rules of Court,
(CM-1 10 [Now July 1, 2002} tule 212
softs
,
PLAINTIFFIPETTITIONER: mn RICHARD MELINE, et al.
@ CASE NUMBER:
DEFENDANT/RESPONDENT: JACK MELINE, et al. 127180
4 b. Provide a brief statement of the case, including any dama: ges. (If personal injury damages are sought,
Specify the injury and
damages claimed, including medical expenses to date fin dicate source and amount, estimated future
medical expenses, lost
eamings to dale, and estimated future lost eamings. If equitable relief is sought, des ‘cribe the nature of the relief )
This is a partition action of two separate ranc hes. The complaint
involves orchard land and the cross-complaint involves range land.
Some, but not 100% of the 17 parties, have common ownership. The
Court on motion, granted a motion to sever the cases. This case
has been mediated and tentatively settled. The settlement agreement
is in the process of being drafted.
(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 a jury trial (X_] a nonjury trial (if more than one party, provide the name of each party
requesting a jury trial):
Trial date
a. [_] The trial has been set for (date).
b. [] No trial date has been set. This case will be read\ ly for trial within 12 months of
the date of the filing of the complaint (if
not, explain):
c. Dates on which parties or attorneys will not beavailable for trial (specify
dates and explain reasons forunavailability):
Estimated length of trial
The party or parties estimate that the trial will take (check one):
a. (3) days (specify number): 6
b. hours (short causes) (specify):
Trial representation (to be answered for each party)
The party or parties will be represented at trial by the attorney or party listed in thecaption
: by the following:
Attorney:
Firm:
Address:
Telephone number:
Fax number:
E-mail address:
. Party represented:
| Additional representation is described in Attachment 8
Preference
L This case is entitled to preference (specify code section)
:
10. Alternative Dispute Resolution (ADR)
a Counsel {—] has (J has not Provided the ADR information Package identified in rule 201.9 to the client and has
reviewed ADR options with the client.
b. All parties have agreed to a form of ADR. ADR will be completed
by (date):
c. [[] The case has gone to an ADR process (indicate status):
CM-110 [New July 1, 2002)
CASE MANAGEMENT STATEMENT Page
2 of 4
PLAINTIFF/PETITIONER: EDWAMW RICHARD MELINE, et al. @ CASE NUMBER:
DEFENDANTIRESPONDENT: JACK MELINE, et al. 127180
10. d. The party or parties are willing to participate in (check all that apply):
(1) CE Mediation - Previous mediation has resulted in a tentative settlement.
@) (J Nonbinding judicial arbitration under Code of Civil Procedure section 1141.12 (discovery to close 15 days before
arbitration under Cal. Rules of Court, rule 1612)
3) J 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) C3 Binding judicial arbitration
(6) (J Binding private arbitration
@) CJ Neutral case evaluation
mT) Other (specify):
e. (J This matter is subject to mandatory judicial arbitration because the amount in controversy does not exceed
the statutory limit.
f. | Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount
specified in Code of Civil
Procedure section 1141.11
g. This case is exempt from judicial arbitration under rule 1600.5 of the California Rules of Court
(specify exemption):
11 Settlement conference
(} The party or parties are willing to participate in an early settlement conference (specify when):
12. Insurance
a Insurance carrier, if any, for party filing this statement (name):
b. Reservation of rights: [1 Yes [Fi no
c [J Coverage issues will significantly affect resolution of this case (explain):
13, Jurisdiction
Indicate any matters that may affect the court's jurisdiction or processing of this case, and describe
the status.
{] Bankruptcy () 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. [_] A motion to [] consolidate (coordinate will be filed by (name party):
15. Bifurcation
The party or parties intend to file a motion for an order bifurcating, severing, or coordinati
ng the following issues or causes of
action (specify moving party, type of motion, and reasons):
16 Other motions
The party or parties expect to file the following motions before trial (specify moving
party, type of motion, and issues):
(CM-110 [New July 4, 2002)
CASE MANAGEMENT STATEMENT Page 3 of 4
:
‘CASE NUMBER:
PLAINTIFF/PETITIONER: EDWARD RICHARD MELINE, et al
DEFENDANT/RESPONDENT:
JACK MELINE, et al. 127180
17. Discovery
a The party or parties have completed all discovery.
b. The following discovery will be completed by the date specified (describe all anticipated discovery).
Party Descriptio Date
c. |] The following discovery issues are anticipated (specify).
18. Economic Litigation
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 sections 90 through 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 trial
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 (specify).
20. Meet and confer
a. [x] The party or parties have met and conferred with all parties on all subjects required by rule 212 of the California Rules of
Court (if not, explain).
The parties are on the verge of completing a settlement
b. After meeting and conferring as required by rule 212 of the 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). (42) none () attached as Attachment 21
22. Total number of pages attached (if any): _
| 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 authority of the party where required.
Date: lefra [6 3
We. a. Jefferson Brown , | BY/ c
(TYPE OR PRINT NAME) (SIGNATURE
TURE OFOf PARTY OR ATTORNEY)
»
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
Additional signatures are attached
M1 0 [New Juty 1, 2002} CASE MANAGEMENT STATEMENT Pago4 of4
® @
PROOF OF SERVICE BY MAIL
I, declare that:
lam 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 firm'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.
9
On December 4 2003, I served the CASE MANAGEMENT STATEMENT
10
on the parties in said cause by placing a true copy thereof, enclosed in a sealed envelope
11
with first-class postage thereon, and placed for collection and mailing following ordinary
12
13
business practices, addressed as follows:
14 John Jeffery Carter
Attorney at Law
15 P. O. Box 3606
16 Chico, CA 95927-3606
17
Nels A. Christensen
18 Christensen & Schwarz
19
1 Governors Lane
Chico, CA 95926
20
21 William A. Ward
Attorney at Law
22 9 Williamsburg Lane
23 Chico, CA 95926
24
James B. Berglund
25 Attorney at Law
26 1639 Bird St.
Oroville, CA 95965
27
28 I declare under penalty of perjury under the laws of the State of California
29 that the foregoing is true and correct and that this declaration was executed on
30 December. 4 2003, at Chico, California
31
32
33 Chery. Sid amir
34 Cheryl Goodwin
35
36
LAW OFFICES OF
PRICE & BROWN
P.O. BOX 1420
CHICO, CA 95927
Preview
DEC 22 2003 @ a [ATOR W. OR PART WTTEGUT ATTORNEY 0 ‘O. tate bar number, and adress): Z. JEFFERSON BROWN, SBN 38996 FOR COURT USE ONLY CM-110 PRICE & BROWN P. oO. Box 1420 Chico, CA 95927 tevepHoneNo.: (530) 343-4412 FAX NO. (Optionah:( 5 3 0 ) 343-7251 Butte County F Superior Court £-MAt ADDRESS (Optional): (see _l.a.) | 2272003 § ATTORNEY FOR (Name): SUPERIOR COURT OF CALIFORNIA, COUNTY ‘STREET ADDRESS: OF BUTTE e DEC 655 Oleander Ave. (MAING ADORESS: Dg (ren CITYANO 21P CODE: Chico, CA 95926 By 4] FRANCH NAME: PLAINTIFFIPETITIONER: EDWARD RICHARD MELINE, et al. DEFENDANT/RESPONDENT: JACK MELINE, et al. CASE MANAGEMENT STATEMENT ‘CASE NUMBER: (Check one): Ged unuimitep case (J umitep case (Amount demanded (Amount demanded is $25,000 127180 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: 1/9/04 Time: 10:30 a.m. Dept: TBA Div.: Room: Address of court (if different from the address above): INSTRUCTIONS: All applicable boxes must be checked, and the specified informati on must be provided. Defendants and cross-defendants RON RABO, Party or parties (answer one): MICHAEL RABO, NICK RABO, MARY RABO SCHWEIGER a. This statement is submitted by party (name): and SUE MILLER, as Executors of the Est. of b. (] This statement is submitted jointly by parties (names): Dorothy May Rabo, Dec'd, and as Success ors in interest to the Fred and Dorothy Rabo Rabo 1994 Irrevocable Trust dated 12/19/94 Complaint and cross-complaint (to be answered by plaintiffs and cross-co mplainants only) a The complaint was filed on (date):. b. (_] The cross-complaint, if any, was filed on (date): Senice (to be answered by plaintiffs and cross-complainants only) a CI al parties named in the complaint and cross-complaint have been served, or have appeared, or have been dismissed. b. () The following parties named in the complaint or cross-complaint (1) (J have not been served (specify names and explain why not): (2) have been served but have not appeared and have not been dismisse d (specify names): (3) (2) have had a default entered against them (specify names). Cc, The following additional parties may be added (specify names, nature of involvement in case, and the date by which they may be served): Description of case a Type of case in complaint (32) cross-compliaint (describe, including causes of action). The complaint seeks partition of real property and an injunction The cross-complaint . seeks partition of additional real property. Form Adopted for Mandatory Use Page 1 of4 Judicial Council of Californie CASE MANAGEMENT STATEMENT Cal. Rules of Court, (CM-1 10 [Now July 1, 2002} tule 212 softs , PLAINTIFFIPETTITIONER: mn RICHARD MELINE, et al. @ CASE NUMBER: DEFENDANT/RESPONDENT: JACK MELINE, et al. 127180 4 b. Provide a brief statement of the case, including any dama: ges. (If personal injury damages are sought, Specify the injury and damages claimed, including medical expenses to date fin dicate source and amount, estimated future medical expenses, lost eamings to dale, and estimated future lost eamings. If equitable relief is sought, des ‘cribe the nature of the relief ) This is a partition action of two separate ranc hes. The complaint involves orchard land and the cross-complaint involves range land. Some, but not 100% of the 17 parties, have common ownership. The Court on motion, granted a motion to sever the cases. This case has been mediated and tentatively settled. The settlement agreement is in the process of being drafted. (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 a jury trial (X_] a nonjury trial (if more than one party, provide the name of each party requesting a jury trial): Trial date a. [_] The trial has been set for (date). b. [] No trial date has been set. This case will be read\ ly for trial within 12 months of the date of the filing of the complaint (if not, explain): c. Dates on which parties or attorneys will not beavailable for trial (specify dates and explain reasons forunavailability): Estimated length of trial The party or parties estimate that the trial will take (check one): a. (3) days (specify number): 6 b. hours (short causes) (specify): Trial representation (to be answered for each party) The party or parties will be represented at trial by the attorney or party listed in thecaption : by the following: Attorney: Firm: Address: Telephone number: Fax number: E-mail address: . Party represented: | Additional representation is described in Attachment 8 Preference L This case is entitled to preference (specify code section) : 10. Alternative Dispute Resolution (ADR) a Counsel {—] has (J has not Provided the ADR information Package identified in rule 201.9 to the client and has reviewed ADR options with the client. b. All parties have agreed to a form of ADR. ADR will be completed by (date): c. [[] The case has gone to an ADR process (indicate status): CM-110 [New July 1, 2002) CASE MANAGEMENT STATEMENT Page 2 of 4 PLAINTIFF/PETITIONER: EDWAMW RICHARD MELINE, et al. @ CASE NUMBER: DEFENDANTIRESPONDENT: JACK MELINE, et al. 127180 10. d. The party or parties are willing to participate in (check all that apply): (1) CE Mediation - Previous mediation has resulted in a tentative settlement. @) (J Nonbinding judicial arbitration under Code of Civil Procedure section 1141.12 (discovery to close 15 days before arbitration under Cal. Rules of Court, rule 1612) 3) J 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) C3 Binding judicial arbitration (6) (J Binding private arbitration @) CJ Neutral case evaluation mT) Other (specify): e. (J This matter is subject to mandatory judicial arbitration because the amount in controversy does not exceed the statutory limit. f. | Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount specified in Code of Civil Procedure section 1141.11 g. This case is exempt from judicial arbitration under rule 1600.5 of the California Rules of Court (specify exemption): 11 Settlement conference (} The party or parties are willing to participate in an early settlement conference (specify when): 12. Insurance a Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: [1 Yes [Fi no c [J Coverage issues will significantly affect resolution of this case (explain): 13, Jurisdiction Indicate any matters that may affect the court's jurisdiction or processing of this case, and describe the status. {] Bankruptcy () 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. [_] A motion to [] consolidate (coordinate will be filed by (name party): 15. Bifurcation The party or parties intend to file a motion for an order bifurcating, severing, or coordinati ng the following issues or causes of action (specify moving party, type of motion, and reasons): 16 Other motions The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): (CM-110 [New July 4, 2002) CASE MANAGEMENT STATEMENT Page 3 of 4 : ‘CASE NUMBER: PLAINTIFF/PETITIONER: EDWARD RICHARD MELINE, et al DEFENDANT/RESPONDENT: JACK MELINE, et al. 127180 17. Discovery a The party or parties have completed all discovery. b. The following discovery will be completed by the date specified (describe all anticipated discovery). Party Descriptio Date c. |] The following discovery issues are anticipated (specify). 18. Economic Litigation 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 sections 90 through 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 trial 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 (specify). 20. Meet and confer a. [x] The party or parties have met and conferred with all parties on all subjects required by rule 212 of the California Rules of Court (if not, explain). The parties are on the verge of completing a settlement b. After meeting and conferring as required by rule 212 of the 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). (42) none () attached as Attachment 21 22. Total number of pages attached (if any): _ | 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 authority of the party where required. Date: lefra [6 3 We. a. Jefferson Brown , | BY/ c (TYPE OR PRINT NAME) (SIGNATURE TURE OFOf PARTY OR ATTORNEY) » (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) Additional signatures are attached M1 0 [New Juty 1, 2002} CASE MANAGEMENT STATEMENT Pago4 of4 ® @ PROOF OF SERVICE BY MAIL I, declare that: lam 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 firm'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. 9 On December 4 2003, I served the CASE MANAGEMENT STATEMENT 10 on the parties in said cause by placing a true copy thereof, enclosed in a sealed envelope 11 with first-class postage thereon, and placed for collection and mailing following ordinary 12 13 business practices, addressed as follows: 14 John Jeffery Carter Attorney at Law 15 P. O. Box 3606 16 Chico, CA 95927-3606 17 Nels A. Christensen 18 Christensen & Schwarz 19 1 Governors Lane Chico, CA 95926 20 21 William A. Ward Attorney at Law 22 9 Williamsburg Lane 23 Chico, CA 95926 24 James B. Berglund 25 Attorney at Law 26 1639 Bird St. Oroville, CA 95965 27 28 I declare under penalty of perjury under the laws of the State of California 29 that the foregoing is true and correct and that this declaration was executed on 30 December. 4 2003, at Chico, California 31 32 33 Chery. Sid amir 34 Cheryl Goodwin 35 36 LAW OFFICES OF PRICE & BROWN P.O. BOX 1420 CHICO, CA 95927