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  • Meline, Edward Richard et al vs Jessee, Nelda F et al(26) Unlimited Other Real Property document preview
  • Meline, Edward Richard et al vs Jessee, Nelda F et al(26) Unlimited Other Real Property document preview
  • Meline, Edward Richard et al vs Jessee, Nelda F et al(26) Unlimited Other Real Property document preview
  • Meline, Edward Richard et al vs Jessee, Nelda F et al(26) Unlimited Other Real Property document preview
  • Meline, Edward Richard et al vs Jessee, Nelda F et al(26) Unlimited Other Real Property document preview
  • Meline, Edward Richard et al vs Jessee, Nelda F et al(26) Unlimited Other Real Property document preview
  • Meline, Edward Richard et al vs Jessee, Nelda F et al(26) Unlimited Other Real Property document preview
  • Meline, Edward Richard et al vs Jessee, Nelda F et al(26) Unlimited Other Real Property document preview
						
                                

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e ~ Law Office of WILLIAM A. WARD ite Co, A PROFESSIONAL CORPORATION OOF Suber Sup STATE BAR NO. 37059 #9 WILLIAMSBURG LANE MAD9 CHICO, CALIFORNIA 95926 2004 (530) 342-2225 7 & a Ava ey SPuly Attorney for Defendants and Cross-Complainants, STEPHEN MELINE IV and ROBERT J. MELINE SUPERIOR COURT OF STATE OF CALIFORNIA FOR THE COUNTY OF BUTTE 10 EDWARD RICHARD MELINE and Case No. 127180 CHARLENE M. MELINE, Trustees 1 under the Edward Richard Meline and DECLARATION OF STEPHEN Charlene M. Meline Revocable Living MELINE IV IN REPLY TO 12 Trust dated December 30, 1992, (1) THE DECLARATION OF RAYMOND SANDELMAN AND 13 Plaintiffs, (2) THE DECLARATION OF FREDRICK N. RABO 14 vs. IN OPPOSITION TO MOTION TO DISQUALIFY COUNSEL 15 JACK MELINE, SHARON MELINE, DOROTHY MAY RABO, the testate and Date: June 24, 2004 16 intestate successors and all persons claim- Time: 1:00 p.m. ing by, through or under FRED A. Dept: TBA 17 RABO, deceased, VIOLET ARLENE Judge: William Lamb MELINE, STEPHEN MELINE, Iv, Trial Date: None. 18 ROBERT J. MELINE, NELDA F. JESSEE, MELANIE G. EDGINGTON, 19 the testate and intestate successors and all persons claiming by, through or under 20 DAVID L. MELINE, MELINE & RABO FARMS, INC., a California corporation 21 and DOES 1 through 20, inclusive, 22 Defendants. / 23 AND RELATED CROSS-ACTION 24 25 26 DECLARATION OF STEPHEN MELINE IV IN REPLY TO (1) THE DECLARATION OF RAYMOND SANDELMAN AND(2) THE DECLARATION OF FREDRICK N. RABO IN OPPOSITION TO MOTION TO DISQUALIFY COUNSEL 1 @ @ Stephen Meline IV declares that if called as a witness, I could testify as follows from my own knowledge and belief. I make this declaration in reply to the opposition declarations to further show that Mr. Sandelman, while a member of the Stewart firm, had an opportunity to gain confidential information from me and each of the firm’s joint clients about matters which have a substantial relationship to matters now in dispute. This declaration is in two parts. Part I is my reply to the Declaration of Raymond Sandelman. Part II is my reply to the Declaration of Fredrick N. Rabo. PART I: REPLY TO THE DECLARATION OF RAYMOND SANDELMAN 1 Raymond Sandelman declared "At no time have I ever represented Stephen 10 Meline IV or Robert Meline as their attorney." [Declaration of Raymond Sandelman, Page iL 15 43) 12 2 My motion was based on the fact that the Stewart law firm which included Mr. 13 Sandelman represented me, my brother Robert, Jack Meline, Nick Rabo and the Corporation Lazar Eo. ‘Ss MOLY 14 [Moving Papers Page 2, Lines 8-12]. OXEN OZ; § Zens On 15 The attorney-client relationship with the Stewart law firm developed after we were sae i uO! 16 contacted by attorney Jeff Carter in June 2000 on behalf of Edward Richard (Dick) Meline On July 1, 2000 Fred Rabo died. Until then, he had served as one of four members of the board of directors. His death left a vacancy on the board of 10 directors. 11 On July 5, 2000 the family meeting was held. One or more representatives of each family attended. Mr. Carter followed the meeting with a letter on July 12 12, 2000, threatening to file a lawsuit to accomplish the division of land and Corporation assets. wa 13 Son: Ea: Because his management had been criticized, on the advice of his attorney, Zs BOSS 4 Dick Meline declined to-attend any board of directors meeting. His non- Str! attendance and the vacancy created by Fred’s death prevented a quorum. SZDON ZOE 15 Bus3°83 16 Mr. Burchett was consulted on August 10, 2000, by my brother Robert, myself, Nick SSO Rear =“ 17 and Jack. Mr. Burchett’s invoice reflects he met with Nick and Jack and separately the same 18 day with myself and my brother, Robert. [Exhibit 7, Page I]. 19 3 On August 11, 2000, Nick-Rabo was elected to the board of directors and on 20 August 21, 2000, he was appointed Corporation secretary. Jack Meline was then president. 21 It_was not until Au: st 2 000 iW ‘Ss all a roved hiring an 22 attorney for the Corporation after the crop harvest On November 15, 2000, we again consulted Mr. Burchett, this time in connection with 24 Corporation payments authorized by Dick as manager to be made to his son Randy’s 25 corporation. There was unhappiness with Dick’s management and Dick’s lawyer was 26 threatening to bring a lawsuit. We wanted to find out what we could do as individuals and DECLARATION OF STEPHEN MELINE IV IN REPLY TO (1) THE DECLARATION OF RAYMOND SANDELMAN AND(2) ‘THE DECLARATION OF FREDRICK N. RABO IN OPPOSITION TO MOTION TO DISQUALIFY COUNSEL 8 e @ what had to be done by act of the Corporation. We represented three out of the four family branches who co-owned the land and stock. _ We wanted to divide the property. Our discussions with Mr. Burchett were in the issues. 4 On November 22, 2000, Mr. Burchett wrote the same letter to each of us. [Exhibit 2 to Declaration of Stephen Meline IV filed April 9, 2004]. Because I understood this to be a confidential communication from our lawyer to me, as well as to each of the other individuals who had consulted with him, the content of the exhibit was redacted to protect the confidential nature of the letter. Notwithstanding that it was a privileged communication from the Stewart firm to joint clients it was disclosed to the world by being attached to Mr. Rabo’s 10 declaration as an exhibit and filed. 11 I believe that the clear potential and risk of misuse of confidential communications is 12 demonstrated by the foregoing Bus Ea: 13 5 Nick Rabo declared that "The Corporation owns no real property that is the Bsbo Burchett Sandelina IRS Tax [Da 6X-0001276 n MI days uf the bitty 1 subject Wo a fin woe ethar ge wl the Fale fh pay st presenta han Ae counts ust paid withi ily avi Aappes 1 the next billi a TERMS tt as aunts sare ate tnd T the end of yi ats received Fp Tage Cine Wath Pee : Wow raat Kor y Exhibit Dann a TE a -_—— eo Law Olives of ~ ~~ Burchett Sanué Iman & Molin Stewart humpherys A Professional Compomtinn P.O. Box 720 Chico, California 98927-0720 (830) 891-6111 Meline & Rabo Farms, Inc. Attention: Jack Meline. President 10331 Midway Durham CA 95938 June 30, 2001 File No 7069 In Reference To: Corporate matters Invoice 4 16795 Professional Services Hrs/Rate Amount 0.25 50.00 rding minutes of hoard OPTION AEB Telephone conference with Steve Meline rega 200.00/hr met hod to proceed meeting and strategy regarding —- een 0.25 $50.00 ered For protessional services rend —— $50.00 Balance due ae In Addition We Accept the following Check one: VISA MASTERCARD Card Hold er Nam e ——— Card Holder No: _ aunt hap Date ~ Signature a —_-— _—_.—__—__—_ CA 95927-0720-(530)89 1-011! O. Box 720-Chico. Attorneys at Law-P. Stews it Humpherys Burchett Sande Iman & Malin, IRS Tax IDs 6-00276 0 are aubyest leo neg strat ge ah the fate of ID per annwn pal pray nite wy pessentation Acewun te not para within 80 days the nest billing. 1 HRMS AL ayy eats st ath will anne Kay ats received after the end of them Hage One Wille May wt Hesse Detucls anal Ket ‘Top Hs Exhibit Page S- of t se _—_--——_—. Law Offices of Burchett Sanu Baan & Molin | Stewart Hu.npherys A Professional Corporation P.O. Box 720 Chico, California 95927-0720 (530) 891-6111 Meline & Rabo Farms, Inc. Attention: Jack Meline, President 10331 Midway Durham CA 95938 August 31, 2001 File No. 7069 In Reference To: Corporate matters Invoice # 17154 Professional Services Hrs/Rate Amount 2.10 367.50 8/14/01 RLS Conference with clieats 175.00/br —_—. —_—— 2.10 $367.50 For professional services rendered ——__— $367.50 Balance due —S In Addition We Accept the following: Check one: - VISA CARD Card Holder Name: Card Holder No: Exp Date: Amount: Signature. 891-6111 cys at Law-P, O. Box 720-Chico, CA 95927-0720-530) Stewart Humpherys Burchett Sandelman & Molin, Attorti IRS Tex ID# 68-0001276 « finance charge ot the rete of 10% per sown, ‘Accounta wot paid within 30 days of the billing are subject to TERMS: all scoounts are duo and paysble apoa ce received after the end of the month will appear om the mext billing. Please Detach sad Return Top Portion of Page One With Payment Exhibit Pace a of 5 — Stewart Humphe S Burchett a Gorin A Professional Corporation P.O, Box 720 Chico, ‘California 95927-0720 (530) 891-6111 Meline & Rabo Farms, Inc. Attention: Jack Meline, President 4033! Midwa: Durham CA 95938 March 31, 2002 File No. 7069-1 In Reference To Meline vs Meline Invoice 4 18596 Professional Services Hrs/Rate Amount 0.75 150 00 letter from attorney 3.20:2002 AEB Telephone conferen nce with Stephen Meline; review 200.00/hr to all direct ors re representation of Carter, Summons at ind Complaint; letter corporation in litigation. —_—— ——- —— 0.75 $150.00 For professional services rendered —_—_— $150.00 Balance due a We also accept the following form of payment Check one: VISA _ MASTERCARD Card Holder Name: Card Holder No _——— Exp Daie: __Amount. Signature_ ——-—— _——— & Molin, Attorneys at Law- P.O. Box 720-Chico, CA 95927.0720-(530)891-61 i Stewart Humphery: s Burchett IRS Tax ID# 68-0001276 of 10% per annum presentat ior n . Accour ts not paid within 30 days ofthe billing aze subject 10 finance charge atthe rate YERMS all accounts are due and payable upon on the next billing. Payments receive d after the end of the month will appear Please Detach and Retum Top Portion of Page One With Payment Exhibit Page_IQ of Law Offices of Stewart Humphe rys Bure hett Moin A Professional Corporation P.O. Box 720 Chico, California 95927-0720 (530) 891-6111 Meline & Rabo Farms, Inc. Attention: Jack Meline, President 10331 Midway Durham CA 95938 May 31, 2002 File No 7069 In Reference To: Corporate matters Invoice # 18847 Professional Services Hrs/Rate Amount Amount 0.25 50.00 re transfer of corpor ‘ate funds to 520 )2002 AEB Telephone conference with Steve Meline 00.00/hr non-corporate account 0.25 50.00 account. Si 002 AEB Draft letter to attorney Jeff Carter re bank 200.00/hr —_—_— 0.50 $100.00 For professional services rendered —————— $100.00 Balance due —S also accept the following form of payment: c k one VISA MASTERCARD card Holder Name: —— Card Holder No: Exp Date: Amount: _ Signature —_———_ ———_—— hico, CA 95927-0720-(530)891-6111 Stewart Humpherys Burchett & Molin, Att ‘orneys at Law-P. O. Box 720-C IRS Tax ID# 68-0001276 at the rate of 10% per anmun: due and pat yal Jbie upon presenta tion. Account s not paid within 30 daysof the billing are subect (0 afinance. charge TERMS. all accounts are month will app year on the next billing Payments received after the end of the of Page One With Payment Please Detach and Retum Top Portion Exhibit 7 Dann a 5 — Law Offices of & olin Stewart Humpherys Burchett P.O. Box 720 Chico. California 95927-0720 (530) 891-6111 Meline & Rabo Farms, Inc. Attention: Jack Meline, President 10331 Midway {Durham CA 95938 January 31, 2003 File No. 7069-2 In Reference To General Business Invoice 19853 Professional Services Hrs/Rate Amount s for undercharging. 0.50 100.00 1-13:2003 DRG Receipt and review of memo and file regat ding claim 200.00/hr 0.25 50.00 1182003 DRG Telephone conference with Nick Rabo. 200.00/hr 0.25 50.00 DRG Preparation of letter to Nick Rabo. 200.00/hr —__—. 1.00 $200.00 For professional services rendered —_—__—— $200 00 Balance due ee We also accept the following form of payment. Check one: VISA| MASTERCARD ____ Discover _ American Express, Card Holder Name:_ _———— Card Holder No:, inxp Date, = Amount:__ —— Signature_ = & Molin, Attorneys at Law-] P. O. Box 720-Chico, CA 95927-0720-(530)891-6111 Stewart Humpher: ys Burchett IRS Tax ID¥ 68-0487085 of I (0% per annum TERMS all accounts are due and payable upon present ation. Accounts not paid within 30 days of the billing are subject to a finance charge atthe rate on the next billing. Payments rece ived after the end of the month will appear Please Detach and Retum Top Portion of Page One With Payment 7 Exhibit Pace a at is @ Law Offices of chet. & Molin Stewa.t HumpherysBox 720Bur P.O, 0 Chico, California 95927-072 (530) 891-6111 Inc. Meline & Rabo Farms, Attention: Jack Meline, President 10331 Midway Durham CA 95938 August 31, 2003 File No 7069 in Reference To Corporate matters Inveice # 20806 Professional Services An) ut _Hrs/Rate 025 30.00 Rabo. 200.00/hr 81372003 ARB Velephon e conference with Nick —— 0.25 S80 oo For profession al services rendered $50. % aa Balance due also accept the foll owing form of payment We Uheck one VISA_ MASTERCARD Discover American Express card Holder Name Card Holder No bxp Date “Amount 1 vature - - a Sig 95927-0720-(530)891-6111 tt & Molin, Attorr neys at Law-P. O. Box 720-Chico, CA Stewart Humph erys Burche IRS Tax ID# 68-0487085 the billing at Je subject 10a finance charge at the sate of 10% re pet ans “Acco unts not paid within 30 days of billing eas, ai aceeunss are dive andl payable Ul ts rec ived afte the end of the month will appear on theent nm! ext pun presentation q men Pay Paym af Page One With Exhibit Please Detach and Return ‘Top Pornon Pace J of 15A? © Law Offices of -e « Molin Stewart HumpheryP.O.sBox 720Burchett Chico, California 95927-0720 (530) 891-6111 Meline & Rabo Farms, Inc. Attention: Jack Meline, President 1033) Midway Durbam CA 95938 November 30, 2003 File No. 7069 in Reierence Fo Corporate matters Invoice # 21194 Professional Services Urs. Aprons USO $0 00 Ron Meline; telephone conference with 114172003 AEB Telephone conference with Su eve 200.00/r es. Rabo regarding corporate procedur 0 8 Stu 00 For professional services rendered $100 00 Balance due a= payment Ve alsu accept the following F form of Cheek one VISA MAS TER CARD Discover “American Expre ss folder Name Sho! der No Date Amount wane a a O. Box 720-Chico, CA 95927-0720-(530)891-0111 Stewart Humpherys Burchett & Mol in, Attomeys at Law-P. IRS Tax IDH 68-048708S ave at 10%: not paid within 30 days of the billing are subject 10 4 finance charge st ujion presen itatn Accoun ts billi ng pete ’ as aunty ate dine aid payable month will xpi pear on the nest Payments received fier the end ofToptheBorign al 1a ” 0 xhibit tery OY . er Metun 74 of 15 Pase @ Law Offices of Stewart Humpherys Burchett & Molin P.O. Box 720 Chico, California 95927-0720 (530) 891-6111 Meline & Rabo Farms, Inc. Auention: Jack Meline, President O33) Midway Durham CA 95938 November 30, 2003 File No 1069-2 in Reference To General Business Invoice # 21134 Professional Services Hrs/Rate Am 1.50 300 OU, 14-21-2003 DRG Conference with client 200.00/hr ——— 1.50 $300.00 For professional services rendered —__—_—- $300.00 Balance due eee We also accept the following form of payment Check one VISA — MASTERCARD __ Discover __ ~ American Express_ Card Holder Name Card Holder No bp Date _Amount signature — ee O. Box 720-Chico, CA 95927-0720-(530)891-6111 Stewart Humpherys Burchett & Molin, Ato meys at Law-P. IRS Tax ID# 68-0487085 paid within 30 days of the Dilley 1g are subject t0 a finance charge at the rate of 10% per anew ikt4S ail accounts ate Gue and payable upon presentany Jon Accounts not appear on the next billing. 4 Payments received after the end of the month will Gne Miease Detach and Retumn Top Portion of Page With Payment Exhibit Pase 15 of IS i e LAW OFACES @ BURCHETT SANDELMAN & MOLIN STEWART HUMPHERYS A PROFESSIONAL CORPORATION Fax: (530 994-2103 RONALD E STEWART” e-mail: shbsm: sunset.net KBTH S. HUMPHERYS (530) 891-6111 www chicolaw com ALAN E BURCHETT RAYMONO L. SANDELMAN- RICHARD J. MOUN MICHAELR OGEMS* * Member-American Board of Tal Advocates October 27, 2001 Jack Meline Meline & Rabo Farms, Inc 10331 Midway Durham, CA 9598 Re Meline & Rabo Farms, Inc Dear Mr. Meline Please telephone d to resc hedu le the meet! ng that was canceled on August 23, 2001. No one has calle will not work on this file unless we hea: us if you want to discuss taking any furt her action. We further from you Very truly yours, Gul Raymond L. Sandelman RLSAq mm \homelindatrays{rabo farms} metine 02 7.doc eee Address POY Bos moot ae vy s Bb Smet Cb ¢ SOT? Markog Ex — ap @ 7064 Facsimile Cover Sheet Recipient Alan cE Borohet! Organization Fax Number 94 2/03 From Sender Mew ee Rabo Organization Moe ine Fax Number 530-345-2305 Date af [1 a | Pages (including cover) |Id lke& Nete Melt/o