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
CH-
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Arronusvoannn mm N... y... 10,
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B. STA’fE‘"'§'AR"¥ "’70145
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_JAMES
r
BEGTWB‘, . . ,
St.,
'
—1639 Bird Oroville, CA 95965 -
TELEPHONENG W530- 532- 1099M~o (cums).- 530- 532- 1002
EMAIL wanes: (comm
Plaintiff F B_L
C meow,“
(Job-g F
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Anomaonmuw:
g UUQCHOF
SUPERIOR COURT 0F CALIFORNIA. COUNTY OF
6 55 O leander -Avenue
BUTTE L I
33:33:: L
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E MAR 2
,.
U 2004
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crwmozwcoos; Chico , CA 95926 .
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D o .
BRANCHNAME: .
PLAINTIFF/PHmONEP; Meline , et a1 .
'
et
OEFENOAM/RESPONOEM: Me 1
i?! e , a1 'vi
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CASE ‘MANAG EMENT STATEMENT CASE NUWEk
(Check one): UNLIMITED CASE
(Amount demanded
E LIMITED CASE . . I
(Amount demanded is $25. 000 .
1 2‘7‘18O
exceeds $25,000) or less) ' n
_
.
4 . . .
A CASE MANAGEMENT CONFERENCE ls scheduled as follows:
V
Date: 4/2/04 . Time: 1‘0 :30 am Dept; TBA Div;
'
Room:
‘
Address o! court (”different from the address above):
INSTRUCTIONS: All applicable boxes must be checked, and the speclfled lnformatlon
must beprovlded. .
.
1. Party or parties (answerone):
a_ 1=X: Thisstatemenussubminedbypanymame):
-
.
Randall C. Meline and Daniel Jeffers
b. Thls statementissubmittedjolnuybyparties (names): as Trustees of the Meline Irrevocable
.
Trust #2 Dated 12/30/92
2. Complaint and cross-complalnt (to be answered by plaintl's and cross-complainants only)
a. The complaint was led on (date):
b.
'
a The cross-complaint, lf any. was ledon (dale):
‘
3. Service {to
be answered by plainb''sand cross-complainants only)
a. All parties named in the complaInt and
E cross-complalnt have been served or have or have
,
appea’red. been dismIssed.
b. 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 (specify names):
'
.E
(3)
S have had a default entered against them(specify names):
The following additional parties may be added (specify names, nature ofinvolvementIn case and the date by which
they may be served). .
4. Description Of case
a. Type of casein m complaint E cross-complaint (describe,including causes Ofaction):
Complaint! and severed cross- complaint seeking partition of
agricultural and range land.
Page
1 ‘
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mwmmm" CASE MANAG EMENT STATEMENT
‘
u so. $531;
cu-no (Na A), I. m1
PLAINTIFF/PETITIONER: Me 1 in e , et a1 . ‘
CASE NUMBER
DEFENDANT/RESPONDENT: Meline , et a1 . 127180
4. b. Provide a brief statement of the case, including any damages.(prersonal injury damages are sought, specify (he injury and
damages claimed, including medical expenses to date ndicate source and amount], estimated future medical expenses, lost
earnings to date, and estimated future lost earnings.
If equitable reliefis sought, describe the nature of the
relief.)_
Two actions one involving
—
a long standing partition of orchard
property, the Other action isvrélateq to the first because of
over‘lapping settlement issues and also involves a newly filed
partition of range land property. Mediation resolved most issues.
~
However, new change in co—Defendant's counsel has delayed
implementation. Other‘issues remain unsettled.
‘L -
E (If more space is needed, cheek this box and attach a page designated as Attachment 4b.)
5. Jury ornonjury trlal
m
v
V
The party or parties request a jury trial a nonjury trial (ifmore than one party, provide the name ofeach party
requesting a jury trial):
6. Trial date
a. The tn'al has been set for (date):
b. CE No trlal date has been set.This case will be ready for trlal within 12 months of the 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 forunavailabi/ity):
8/2-15/04
Month of
(Butte
November
County J.T.); Month
J.T.
of Septembera(Prepaid vacation);
(Yuba County estimated three weeks)
7. Estimated length of trlal
The party or parties estimate that the trial will take
(check one):
a. m days (specify number): 5 -1O
b. E hours (short causes) (specify):
8. .Trlal representation (to be answered for each pa
E
~
.
The party or parties will be represented at trial
V
by the attorney or party listed in the caption by the following:
a. .
Attorney: t
b. Firm:
c. Address:
d. Telephone number:
V
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): P la i n t i f f ha S reque S t e‘d and be en
granted preference because of age and health.
10. Alternative Dis ute Resolution (ADR)
a. Counsel has E has not
reviewed ADR options with the client.
provided the ADR information package identied in rule 201.9 to the client and has
b. m Allparties have agreed to a form ofADR.ADR will be completed by (date): MGdia tiOl'l
c. E The case has gone to an ADR process (indicate status):
was done .
CM-norNow Jury I. 2002]
CASE MANAGEMENT STATEMENT
5:) ”3
PLAINTIFF/PENNONER; Meline, et a1. mENUmaa:_ , ,
EEFENDANT/RESPONDENT: Me l ine . et al . 1 2 7 1 80
10. d. The party or parties are willing to participate in (check all that apply):
(1)
(2) E Mediation
Already conducted and s till .o en for con tinuance .
Nonbinding judicial arbitration under Code of Civil Procedure section 341.12 (discovery to dose 15
days before
E
arbitration under Cal. Rules of Court. rule 1612)
(3) 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) Binding judicial arbitration
E
A
5) Binding private arbitration
(6) E Neutral case evaluation
(7) E Other (specify):
e. E] This matter is subject to mandatoryjudicial arbitration because the amount
in controversy does not exceed the
statutory limit.
f. Plaintiff elects to refer this caseto judicial arbitration and agrees to limit
to the
recovery amount~specied inCode of Civil
Procedure section 1141.11.
g. E This case is exempt from judicial arbitration under rule 1600.5 of the California Rules of Court
{specify exemption):
11. Settlement conference
m
.
The party or parties are willing to participate in an early settlement conference (specify when):
Open
12. Insurance
a. Insurance carrier, if any. for party ling
this statement (name):
b. Reservation of rights: E Yes E No
c. C] Coverage issues will signicantlyaffect resolution of this case (explain):
13. Jurisdiction
'
Indicate any matters that may affect the
E Bankruptcy
Status:
E court'sjurisdictionor processing of this case, and describe the status.
Other (specify):
14. Related cases, consolidation, and coordination
a. There are companion. underlying. or related mses.
Name of case:
(1)
2) Name of court:
r
3) Case number:
4) Status:
E Additional casesare described in Attachment 14a.
b. E A motion to E consolidate E coordinate will be ledby (name party):
15. Bifurcation
E The party or parties intend to le
a motion for an order bifurcating, severing. or
action (special moving party, type ofmotion, and reasons): V
coordinating the following issues or muses of
'
16. Other motions
E The party or parties expect to le
the following motions before trial (specify moving party,
'
type ofmotion, and issues):
1““me ‘- 2°°21
CASE MANAGEMENT STATEMENT mm"
17 Discovery
a. E The party or parties have completed all discover
b D y.
The following discovery will be completed by the date
specied (descn'be all anticipated discove/
m mum y):
Qs
It appears testi ng for toxic contamination and
of the orchard property
new appraisals
discovery mediation
may be requ ired befor e- furth er
or is productive.
c. E] The following discovery issues are anticipated (speciiy
):
i
18. Economic Litigation
a. m This is a limited civil case (i. e.. the amount demanded ls
of Civil Procedure sections 90 through 98 will
$25 000 or less) and the economic litigation procedures ln Code
apply tothis 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 discovely or trial
should not apply to this case):
19. Other Issues
C: The party or parties request that the following additional matters be
considered or determined at the case management
conference (specify): ~
r
20. M'eet and confer
a
C The party
Court
rtyor parties have met and conferred with all parties on
(if not, explain):
all subjects required by rule
212 of the California Rules of
_
’
b. After meeting and conferring as required
by rule 212 of the California Rules of Court, the parties agree on the followin
(specifw g
21. Case management orders .
Previous case management ordersIn this case are
(check one): none E attached as Attachment 21.
22. Total number of pages attached (ifany):
l am 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 theseIssues at the time of the use
conference. including the written authority of the party where management
required.
Date:
Mainfch 22, 2004
JAMES'B. BERGLUND
(TYPE OR FRlNT NAME)
(TYPE OR PRINT NAME)
(SIGNATURE OF PARTY OR ATTORNEY)
E Additional signatures are attached
cmw (New Jury 1. 20021
CASE MANAGEMENT STATEMENT .
; ”'3‘”
.2,..;-
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PROOF OF SERVICE BY MAIL
(CCP §§ 1013a & 2015.5)
I declare that:
I am employed in the County of Butte, State of California, and my business address is 1639
Bird Street, Oroville, California; I am over the age of eighteen years and not a party to the within
entitled cause; I am familiar with this rm's practice of 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 in the ordinary course of business.
On March 22, 2004, I served the CASE MANAGEMENT STATEMENT on the parties in
said cause by placing a true copy thereof enclosed in a sealed envelope addressed as follows and
placed each for collection and mailing following ordinary business practices:
WILLIAM WARD, Esq.
9 Williamsburg Ln.
Chico, CA 95926
JOHN JEFFERY CARTER, Esq.
329 Flume St.
Chico, CA 95927
NELS A. CHRISTENSEN, Esq.
CHRISTENSEN & SCHWARZ, LLP
1 Governors Lane
Chico, CA 95926
W. Z. JEFFERSON BROWN, Esq.
LAW OFFICES OF PRICE & BROWN
P.O. Box 1420
Chico, CA 95927
I declare under penalty ofperjury under the laws ofthe Stat f California that the foregoing
is true and correct, and that this declaration was executed this a3 day ofMarch, 2004 at Oroville,
California.
WM MELISSA DOLBEE
Preview
CH- ' ‘ ‘ Arronusvoannn mm N... y... 10, - ln‘camru" B. STA’fE‘"'§'AR"¥ "’70145 ~ ~ _JAMES r BEGTWB‘, . . , St., ' —1639 Bird Oroville, CA 95965 - TELEPHONENG W530- 532- 1099M~o (cums).- 530- 532- 1002 EMAIL wanes: (comm Plaintiff F B_L C meow,“ (Job-g F v Anomaonmuw: g UUQCHOF SUPERIOR COURT 0F CALIFORNIA. COUNTY OF 6 55 O leander -Avenue BUTTE L I 33:33:: L z - , ‘ E MAR 2 ,. U 2004 ‘E ‘ crwmozwcoos; Chico , CA 95926 . - D o . BRANCHNAME: . PLAINTIFF/PHmONEP; Meline , et a1 . ' et OEFENOAM/RESPONOEM: Me 1 i?! e , a1 'vi - CASE ‘MANAG EMENT STATEMENT CASE NUWEk (Check one): UNLIMITED CASE (Amount demanded E LIMITED CASE . . I (Amount demanded is $25. 000 . 1 2‘7‘18O exceeds $25,000) or less) ' n _ . 4 . . . A CASE MANAGEMENT CONFERENCE ls scheduled as follows: V Date: 4/2/04 . Time: 1‘0 :30 am Dept; TBA Div; ' Room: ‘ Address o! court (”different from the address above): INSTRUCTIONS: All applicable boxes must be checked, and the speclfled lnformatlon must beprovlded. . . 1. Party or parties (answerone): a_ 1=X: Thisstatemenussubminedbypanymame): - . Randall C. Meline and Daniel Jeffers b. Thls statementissubmittedjolnuybyparties (names): as Trustees of the Meline Irrevocable . Trust #2 Dated 12/30/92 2. Complaint and cross-complalnt (to be answered by plaintl's and cross-complainants only) a. The complaint was led on (date): b. ' a The cross-complaint, lf any. was ledon (dale): ‘ 3. Service {to be answered by plainb''sand cross-complainants only) a. All parties named in the complaInt and E cross-complalnt have been served or have or have , appea’red. been dismIssed. b. 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 (specify names): ' .E (3) S have had a default entered against them(specify names): The following additional parties may be added (specify names, nature ofinvolvementIn case and the date by which they may be served). . 4. Description Of case a. Type of casein m complaint E cross-complaint (describe,including causes Ofaction): Complaint! and severed cross- complaint seeking partition of agricultural and range land. Page 1 ‘ 0' ‘°"" mwmmm" CASE MANAG EMENT STATEMENT ‘ u so. $531; cu-no (Na A), I. m1 PLAINTIFF/PETITIONER: Me 1 in e , et a1 . ‘ CASE NUMBER DEFENDANT/RESPONDENT: Meline , et a1 . 127180 4. b. Provide a brief statement of the case, including any damages.(prersonal injury damages are sought, specify (he injury and damages claimed, including medical expenses to date ndicate source and amount], estimated future medical expenses, lost earnings to date, and estimated future lost earnings. If equitable reliefis sought, describe the nature of the relief.)_ Two actions one involving — a long standing partition of orchard property, the Other action isvrélateq to the first because of over‘lapping settlement issues and also involves a newly filed partition of range land property. Mediation resolved most issues. ~ However, new change in co—Defendant's counsel has delayed implementation. Other‘issues remain unsettled. ‘L - E (If more space is needed, cheek this box and attach a page designated as Attachment 4b.) 5. Jury ornonjury trlal m v V The party or parties request a jury trial a nonjury trial (ifmore than one party, provide the name ofeach party requesting a jury trial): 6. Trial date a. The tn'al has been set for (date): b. CE No trlal date has been set.This case will be ready for trlal within 12 months of the 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 forunavailabi/ity): 8/2-15/04 Month of (Butte November County J.T.); Month J.T. of Septembera(Prepaid vacation); (Yuba County estimated three weeks) 7. Estimated length of trlal The party or parties estimate that the trial will take (check one): a. m days (specify number): 5 -1O b. E hours (short causes) (specify): 8. .Trlal representation (to be answered for each pa E ~ . The party or parties will be represented at trial V by the attorney or party listed in the caption by the following: a. . Attorney: t b. Firm: c. Address: d. Telephone number: V 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): P la i n t i f f ha S reque S t e‘d and be en granted preference because of age and health. 10. Alternative Dis ute Resolution (ADR) a. Counsel has E has not reviewed ADR options with the client. provided the ADR information package identied in rule 201.9 to the client and has b. m Allparties have agreed to a form ofADR.ADR will be completed by (date): MGdia tiOl'l c. E The case has gone to an ADR process (indicate status): was done . CM-norNow Jury I. 2002] CASE MANAGEMENT STATEMENT 5:) ”3 PLAINTIFF/PENNONER; Meline, et a1. mENUmaa:_ , , EEFENDANT/RESPONDENT: Me l ine . et al . 1 2 7 1 80 10. d. The party or parties are willing to participate in (check all that apply): (1) (2) E Mediation Already conducted and s till .o en for con tinuance . Nonbinding judicial arbitration under Code of Civil Procedure section 341.12 (discovery to dose 15 days before E arbitration under Cal. Rules of Court. rule 1612) (3) 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) Binding judicial arbitration E A 5) Binding private arbitration (6) E Neutral case evaluation (7) E Other (specify): e. E] This matter is subject to mandatoryjudicial arbitration because the amount in controversy does not exceed the statutory limit. f. Plaintiff elects to refer this caseto judicial arbitration and agrees to limit to the recovery amount~specied inCode of Civil Procedure section 1141.11. g. E This case is exempt from judicial arbitration under rule 1600.5 of the California Rules of Court {specify exemption): 11. Settlement conference m . The party or parties are willing to participate in an early settlement conference (specify when): Open 12. Insurance a. Insurance carrier, if any. for party ling this statement (name): b. Reservation of rights: E Yes E No c. C] Coverage issues will signicantlyaffect resolution of this case (explain): 13. Jurisdiction ' Indicate any matters that may affect the E Bankruptcy Status: E court'sjurisdictionor processing of this case, and describe the status. Other (specify): 14. Related cases, consolidation, and coordination a. There are companion. underlying. or related mses. Name of case: (1) 2) Name of court: r 3) Case number: 4) Status: E Additional casesare described in Attachment 14a. b. E A motion to E consolidate E coordinate will be ledby (name party): 15. Bifurcation E The party or parties intend to le a motion for an order bifurcating, severing. or action (special moving party, type ofmotion, and reasons): V coordinating the following issues or muses of ' 16. Other motions E The party or parties expect to le the following motions before trial (specify moving party, ' type ofmotion, and issues): 1““me ‘- 2°°21 CASE MANAGEMENT STATEMENT mm" 17 Discovery a. E The party or parties have completed all discover b D y. The following discovery will be completed by the date specied (descn'be all anticipated discove/ m mum y): Qs It appears testi ng for toxic contamination and of the orchard property new appraisals discovery mediation may be requ ired befor e- furth er or is productive. c. E] The following discovery issues are anticipated (speciiy ): i 18. Economic Litigation a. m This is a limited civil case (i. e.. the amount demanded ls of Civil Procedure sections 90 through 98 will $25 000 or less) and the economic litigation procedures ln Code apply tothis 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 discovely or trial should not apply to this case): 19. Other Issues C: The party or parties request that the following additional matters be considered or determined at the case management conference (specify): ~ r 20. M'eet and confer a C The party Court rtyor parties have met and conferred with all parties on (if not, explain): all subjects required by rule 212 of the California Rules of _ ’ b. After meeting and conferring as required by rule 212 of the California Rules of Court, the parties agree on the followin (specifw g 21. Case management orders . Previous case management ordersIn this case are (check one): none E attached as Attachment 21. 22. Total number of pages attached (ifany): l am 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 theseIssues at the time of the use conference. including the written authority of the party where management required. Date: Mainfch 22, 2004 JAMES'B. BERGLUND (TYPE OR FRlNT NAME) (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) E Additional signatures are attached cmw (New Jury 1. 20021 CASE MANAGEMENT STATEMENT . ; ”'3‘” .2,..;- . PROOF OF SERVICE BY MAIL (CCP §§ 1013a & 2015.5) I declare that: I am employed in the County of Butte, State of California, and my business address is 1639 Bird Street, Oroville, California; I am over the age of eighteen years and not a party to the within entitled cause; I am familiar with this rm's practice of 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 in the ordinary course of business. On March 22, 2004, I served the CASE MANAGEMENT STATEMENT on the parties in said cause by placing a true copy thereof enclosed in a sealed envelope addressed as follows and placed each for collection and mailing following ordinary business practices: WILLIAM WARD, Esq. 9 Williamsburg Ln. Chico, CA 95926 JOHN JEFFERY CARTER, Esq. 329 Flume St. Chico, CA 95927 NELS A. CHRISTENSEN, Esq. CHRISTENSEN & SCHWARZ, LLP 1 Governors Lane Chico, CA 95926 W. Z. JEFFERSON BROWN, Esq. LAW OFFICES OF PRICE & BROWN P.O. Box 1420 Chico, CA 95927 I declare under penalty ofperjury under the laws ofthe Stat f California that the foregoing is true and correct, and that this declaration was executed this a3 day ofMarch, 2004 at Oroville, California. WM MELISSA DOLBEE