Preview
CM-110
and address). FOR COURT USE ONLY
—
83 )irnumben/
(66,768
CARTER AW OF
A?8%%BJ%§€RW8§H$A§§¥ ICE
329 Flume Street Ch lco, California 95 928 ,v
TELEPHONENO;
(530) 432 6196 FAXNo (Optional)
(530) 342- 6195 04
E-MAIL ADDRESS (Optional):
Plainti‘s
ATTORNEY Foa (Name); Edward Richard Melme and
BUTTE
Charlene Mehne F Bum
I
”Perm"
I
UQUfo-L’rr-
"
_
n“:f
SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F H
655 Oleander Avenue
STREEIADDRESS:
ADDRESS:
L JAN 3 'r‘
.
Z884
ll,-
E
E
MAILING
Chico
CITY AND ZIP CODE: CA 95926
“1&an (:le E3
D Sham
a
BRANCH NAME: Chico Courthouse
hem»!
PLAINTIFF/PET'T'ONERI Edward Richard Meline and Charlene Meline, et a1. BVW
DEFENDANT/RESPONDENT: Jack Meline, et a1.
FURTHER CASE MANAGEMENT STATEMENT CASENUMBER:
(Check one): UNLIMITED CASE
(Amountdemanded
E LIMITED CASE
(Amountdemanded is $25,000 127180
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: February 6, 2004 Time: 10:30 am. Dept: TBA Div.:TBA Room: TBA
Address of court (ifdifferent from the address above):
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
1. Party or parties (answer one):
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 complaintwas 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)
E All parties named in the complaint and cross-complaint have been served. or have appeared, or have been dismissed.
Meline and Rabo Inc-
b. partiesnamedinthecomplaintorcross- complaint Farmsr
and a majority ofthc
-
T1hefollowing
and ofcers
have not been served (specify names and exp/am why not) Plaintiffs and defendants comprise all oflhe shareholders
by which a separate appearance by the corporation would not be
ofthis corporation and as such, have been negotiating
a stipulation
)E
directo2rs have been served but have not appeared and have not been dismissed (specifynames). Such
necessary.
E
stipulation
have had a default entered against them (specifynames): 22:23:;
D The following
additional
theymay be served):
parties may be added (specify names, nature ofinvolvement in case
upon by all
and the date by wliic'hcs
Description ofcase
4.
a. Type ofcasein
,
complaint E .
cross—complaint
. . .
(describe,/nc/uding causes
.
ofact/on):
Action for partition of real property and for injunctive relief.
Page1or 4
Form Adopted for Mandatory Use
JudicialCouncilofCalifornia CASE MANAGEMENT STATEMENT Cal. Rules of Court.
rule 212
CM-‘l‘lO l New July 1. 2002I
LaxixNexir"A utamatcd California Judicial Council Forms
BASENUMBE"
PLA'NT'FF’PET'T'ONERi
Edward mcnard Meline, et al.
127180
DEFENDANT/RESPONDENT: Jack Meline, et a1.
4. b. Provide a brief statement ofthe case, including any damages. (/fpersona/injury damages are sought, specify the injwy and
damages claimed, including medical expenses to date [indicate source and amount], estimated future medical expenses, lost
earnings to date,and estimated futurelostearnings. If
equitable reliefissought, describe the nature of the relief.)
Plaintiff and defendants arc four
branchesof theMcline family and assuch,own more or lessequally appoximatcly 820 acres of
contiguousalmond orchards inButte County. They alsoown inequal sharesa corporationwhich has fanned the orchards since
Actual management of the orchards has been delegated by the corporation to
1980 through a crop share leasing arrangement.
plaintiff Edward Richard Meline with regard to the southernmost approximately one-half of the orchards and defendant Jack
Plaintiffs now wish to partitiort the orchards and pending such, to continue to
Meline with respect to the northernmost one-half.
farm the southern half of the orchards, or at least that part of the southern half farmed by them continuously since the 1940s
E (/fmore space is needed, check this box and attach a page designated as Attachment 4b.)
Jury or nonjury trial
The party or parties request ajury trial a nonjury trial (ifmore 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 ready for trial within 12 months ofthe date of the ling
of the complaint {if
not, explain):
c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability):
Estimated length of trial
The party or parties estimate that the trial will take (check one):
a. days (specifynumber):Five days.
b. E hours(short causes)(specify):
Trial representation (to be answered for each part )
The party or parties will be represented at trial in the
by the attorney or party listed caption E bythe following:
Attorney:
Firm:
Address:
Telephone number:
Fax number:
E-mall address:
.
Party represented:
E Additional representation is described in Attachment 8.
Preference
CCP
This case is entitled to preference (specify code section): § 36, pursuant to order of the Court.
10. Alternative Dispute Resolution (ADR)
a, Counsel E has has not provided the ADR information package identied 201.9 to the client and has
in rule
reviewed ADR options with the client.
b. Air parties have agreed to a rormofADR. ADR will be completed by (dale):
C. The case has gone to an ADR process (indicate status):
CM-‘WWW- °”
20°21
CASE MANAGEMENT STATEMENT Page2
LarisNexismA utamated California Judicial Council Forms
CASE NUMBER:
PLAINTIFF/PETITIONERIEdward monard Meline, et a1.
127180
BEFENDANT/RESPONDENT: Jack Meline, et al.
10. d. .articipate in (cheqk all that
The party or parties are wiJling to . . . . .
Mediation
Prevxous me lanon has resulted 1n settlement
app/{y}:
o Negotlatlons continue.
some, but not all, Issues 1n dlspute.
(1)
(2) E Nonbindingjudicial arbitration under Code of Civil Procedure
arbitration under Cal. Rules
of Court, rule1612)
section 1141.12 (discovery toclose 15 days before
(3) E Nonbindingjudicial arbitrationunder 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 Bindingjudicialarbitration
(5) j Binding private arbitration
(6) j Neutral case evaluation
(7) E Other (specify):
e. This matter is subject to mandatoryjudicial arbitration because the amount in controversy does not exceed the statutory limit.
f. E in Code of Civil
Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount specied
Procedure section 1141.1 1.
g. This case is exempt fromjudicial arbitration under rule 1600.5 ofthe California Rules of Court (specify exemption):
Subsections (a), (f),and (g).
11. Settlement conference
in an early
The party or parties are willing to participate settlement conference (specify when):
At the Court's discretion, though the sooner, the better.
12. insurance
a. E this statement (name):
Insurance carrier. ifany, for party ling
b. Reservation ofrights: E Yes E No
c. E Coverageissues willsignicantly 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:
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 described in Attachment 14a.
b. E A motion to E consolidate E coordinate will be filed 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 of motion, and reasons):
16. other motions
E and issues):
The party or parties expect to file the following motions before trial (specify moving party, type ofmotion,
W10 "WM” 2°02]
CASE MANAGEMENT STATEMENT Fag“ °”
LexisNexism/l utomated California Judicial Council Farms
CASENUMBERI
PLAINTIFF/PETITIONER:Edward mcnard Meline, eta1.
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 specified (describe all anticipated discovery):
Party I
Description Date
Defendants .
Depositions of defendant parties and experts September, 2004
Defendants Interrogatories; and requests for production September, 2004
c. The following discovery issues are anticipated (specify):
18. Economic Litigation
a. E 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. 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 specicallywhy economic litigation procedures relating to discovery or trial
should not app/y 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 subject's required by rule.21.2 of the California Rules of
Court (”not exp/am);The partlcs have been involved OE and on 1n mediations and negotlations to partition the
orchards and while they have reached tentative settlement on some of the issues in dispute, they remain at impasse on
others. Setting for trial would facilitate resolution, if such is to be reached by settlement.
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): E none E attached as Attachment 21.
22. Total number of pages attached (ifany):
lam 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 stipulati se issues at the time ofthe case management
conference, including thewritten authorityofthe party where required.
Date: January 30, 2004
JOHN IEFFERY CARTER
(PIPE 0R PRINT NAME)
/
’/ (smack P 0R AUORNEY)
RTY'
(TYPE 0R PRINT NAME (SIGNATURE OF PARTY OR ATTORNEY)
E Additional signatures are attached
"WW- W CASE MANAGEMENT STATEMENT Fag“ °”
LexisNexismA utomatcd California Judicial Council Forms
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:
Further 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 James B. Berglund
Price and Brown Attorney at Law
10 P.O. Box 1420 1639 Bird Street
Chico, CA 95927-1420 Oroville, CA 95965
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 eected:
16
U.S. Postal Service (placing such envelope(s) with postage thereon illy prepaid in the
17 designated area for outgoing mail in accordance with this ofce’s practice, whereby the
mail is deposited in the U.S. mailbox in the City of Chico, California aer the close of the
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 January 30, 2004.
25
26
mum/L.
27 TONI MELTON
28
Preview
CM-110 and address). FOR COURT USE ONLY — 83 )irnumben/ (66,768 CARTER AW OF A?8%%BJ%§€RW8§H$A§§¥ ICE 329 Flume Street Ch lco, California 95 928 ,v TELEPHONENO; (530) 432 6196 FAXNo (Optional) (530) 342- 6195 04 E-MAIL ADDRESS (Optional): Plainti‘s ATTORNEY Foa (Name); Edward Richard Melme and BUTTE Charlene Mehne F Bum I ”Perm" I UQUfo-L’rr- " _ n“:f SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F H 655 Oleander Avenue STREEIADDRESS: ADDRESS: L JAN 3 'r‘ . Z884 ll,- E E MAILING Chico CITY AND ZIP CODE: CA 95926 “1&an (:le E3 D Sham a BRANCH NAME: Chico Courthouse hem»! PLAINTIFF/PET'T'ONERI Edward Richard Meline and Charlene Meline, et a1. BVW DEFENDANT/RESPONDENT: Jack Meline, et a1. FURTHER CASE MANAGEMENT STATEMENT CASENUMBER: (Check one): UNLIMITED CASE (Amountdemanded E LIMITED CASE (Amountdemanded is $25,000 127180 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: February 6, 2004 Time: 10:30 am. Dept: TBA Div.:TBA Room: TBA Address of court (ifdifferent from the address above): INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): 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 complaintwas 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) E All parties named in the complaint and cross-complaint have been served. or have appeared, or have been dismissed. Meline and Rabo Inc- b. partiesnamedinthecomplaintorcross- complaint Farmsr and a majority ofthc - T1hefollowing and ofcers have not been served (specify names and exp/am why not) Plaintiffs and defendants comprise all oflhe shareholders by which a separate appearance by the corporation would not be ofthis corporation and as such, have been negotiating a stipulation )E directo2rs have been served but have not appeared and have not been dismissed (specifynames). Such necessary. E stipulation have had a default entered against them (specifynames): 22:23:; D The following additional theymay be served): parties may be added (specify names, nature ofinvolvement in case upon by all and the date by wliic'hcs Description ofcase 4. a. Type ofcasein , complaint E . cross—complaint . . . (describe,/nc/uding causes . ofact/on): Action for partition of real property and for injunctive relief. Page1or 4 Form Adopted for Mandatory Use JudicialCouncilofCalifornia CASE MANAGEMENT STATEMENT Cal. Rules of Court. rule 212 CM-‘l‘lO l New July 1. 2002I LaxixNexir"A utamatcd California Judicial Council Forms BASENUMBE" PLA'NT'FF’PET'T'ONERi Edward mcnard Meline, et al. 127180 DEFENDANT/RESPONDENT: Jack Meline, et a1. 4. b. Provide a brief statement ofthe case, including any damages. (/fpersona/injury damages are sought, specify the injwy and damages claimed, including medical expenses to date [indicate source and amount], estimated future medical expenses, lost earnings to date,and estimated futurelostearnings. If equitable reliefissought, describe the nature of the relief.) Plaintiff and defendants arc four branchesof theMcline family and assuch,own more or lessequally appoximatcly 820 acres of contiguousalmond orchards inButte County. They alsoown inequal sharesa corporationwhich has fanned the orchards since Actual management of the orchards has been delegated by the corporation to 1980 through a crop share leasing arrangement. plaintiff Edward Richard Meline with regard to the southernmost approximately one-half of the orchards and defendant Jack Plaintiffs now wish to partitiort the orchards and pending such, to continue to Meline with respect to the northernmost one-half. farm the southern half of the orchards, or at least that part of the southern half farmed by them continuously since the 1940s E (/fmore space is needed, check this box and attach a page designated as Attachment 4b.) Jury or nonjury trial The party or parties request ajury trial a nonjury trial (ifmore 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 ready for trial within 12 months ofthe date of the ling of the complaint {if not, explain): c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability): Estimated length of trial The party or parties estimate that the trial will take (check one): a. days (specifynumber):Five days. b. E hours(short causes)(specify): Trial representation (to be answered for each part ) The party or parties will be represented at trial in the by the attorney or party listed caption E bythe following: Attorney: Firm: Address: Telephone number: Fax number: E-mall address: . Party represented: E Additional representation is described in Attachment 8. Preference CCP This case is entitled to preference (specify code section): § 36, pursuant to order of the Court. 10. Alternative Dispute Resolution (ADR) a, Counsel E has has not provided the ADR information package identied 201.9 to the client and has in rule reviewed ADR options with the client. b. Air parties have agreed to a rormofADR. ADR will be completed by (dale): C. The case has gone to an ADR process (indicate status): CM-‘WWW- °” 20°21 CASE MANAGEMENT STATEMENT Page2 LarisNexismA utamated California Judicial Council Forms CASE NUMBER: PLAINTIFF/PETITIONERIEdward monard Meline, et a1. 127180 BEFENDANT/RESPONDENT: Jack Meline, et al. 10. d. .articipate in (cheqk all that The party or parties are wiJling to . . . . . Mediation Prevxous me lanon has resulted 1n settlement app/{y}: o Negotlatlons continue. some, but not all, Issues 1n dlspute. (1) (2) E Nonbindingjudicial arbitration under Code of Civil Procedure arbitration under Cal. Rules of Court, rule1612) section 1141.12 (discovery toclose 15 days before (3) E Nonbindingjudicial arbitrationunder 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 Bindingjudicialarbitration (5) j Binding private arbitration (6) j Neutral case evaluation (7) E Other (specify): e. This matter is subject to mandatoryjudicial arbitration because the amount in controversy does not exceed the statutory limit. f. E in Code of Civil Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount specied Procedure section 1141.1 1. g. This case is exempt fromjudicial arbitration under rule 1600.5 ofthe California Rules of Court (specify exemption): Subsections (a), (f),and (g). 11. Settlement conference in an early The party or parties are willing to participate settlement conference (specify when): At the Court's discretion, though the sooner, the better. 12. insurance a. E this statement (name): Insurance carrier. ifany, for party ling b. Reservation ofrights: E Yes E No c. E Coverageissues willsignicantly 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: 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 described in Attachment 14a. b. E A motion to E consolidate E coordinate will be filed 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 of motion, and reasons): 16. other motions E and issues): The party or parties expect to file the following motions before trial (specify moving party, type ofmotion, W10 "WM” 2°02] CASE MANAGEMENT STATEMENT Fag“ °” LexisNexism/l utomated California Judicial Council Farms CASENUMBERI PLAINTIFF/PETITIONER:Edward mcnard Meline, eta1. 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 specified (describe all anticipated discovery): Party I Description Date Defendants . Depositions of defendant parties and experts September, 2004 Defendants Interrogatories; and requests for production September, 2004 c. The following discovery issues are anticipated (specify): 18. Economic Litigation a. E 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. 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 specicallywhy economic litigation procedures relating to discovery or trial should not app/y 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 subject's required by rule.21.2 of the California Rules of Court (”not exp/am);The partlcs have been involved OE and on 1n mediations and negotlations to partition the orchards and while they have reached tentative settlement on some of the issues in dispute, they remain at impasse on others. Setting for trial would facilitate resolution, if such is to be reached by settlement. 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): E none E attached as Attachment 21. 22. Total number of pages attached (ifany): lam 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 stipulati se issues at the time ofthe case management conference, including thewritten authorityofthe party where required. Date: January 30, 2004 JOHN IEFFERY CARTER (PIPE 0R PRINT NAME) / ’/ (smack P 0R AUORNEY) RTY' (TYPE 0R PRINT NAME (SIGNATURE OF PARTY OR ATTORNEY) E Additional signatures are attached "WW- W CASE MANAGEMENT STATEMENT Fag“ °” LexisNexismA utomatcd California Judicial Council Forms 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: Further 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 James B. Berglund Price and Brown Attorney at Law 10 P.O. Box 1420 1639 Bird Street Chico, CA 95927-1420 Oroville, CA 95965 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 eected: 16 U.S. Postal Service (placing such envelope(s) with postage thereon illy prepaid in the 17 designated area for outgoing mail in accordance with this ofce’s practice, whereby the mail is deposited in the U.S. mailbox in the City of Chico, California aer the close of the 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 January 30, 2004. 25 26 mum/L. 27 TONI MELTON 28