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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
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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
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@ 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
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Pages (including cover)
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