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@ © CM-110
“ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and addross) FOR COURT USE ONLY
| JAMES B. BERGLUND 70145
Attorney at Law
1639 Bird Street
Soe
Oroville, CA 95965
teveprone No: 530/532-1099 FAX NO, (Options: 530/532-1002
E-MAIL ADDRESS (Optional):
ATTORNEY FOR (Name): Plaintiffs
‘SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE L JAN 2: 4 2005 LV
street aooress: 655 Oleander Avenue E
MAILING ADDRESS: Sharoi Si Miand Clerk [>
airy ano
zie cove: Chico, CA 95926 By. (el
Den
U3
BRANCH NAME:
PLAINTIFF/PETITIONER: Meline, et al.
DEFENDANT/RESPONDENT: Meline, et al.
CASE MANAGEMENT STATEMENT ‘CASE NUMBER:
(Check one): (2) uNuimitep case (7) timitep case 127180
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: February 3, 2005 Time: 1:30 p.m. Dept.: TBA. Div.: Room:
Address of court (if different from the address above):
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
Party or parties (answer one):
a. (Z] This statement is submitted by party (name): Randall C. Meline and Daniel Jeffers as
b. [1 This statement is submitted jointly by parties (names): trustees of the Meline Irrevocable
Trust #2 Dated 12/30/92
RANGE LAND ONLY)
Complaint and cross-complaint (fo be answered by plaintiffs and cross-complainants only)
a The complaint was filed on (date):
b. [1] The cross-complaint, if any, was filed on (date):
Service (to be answered by plaintiffs and cross-complainants only)
a. (ZZ) Allparties named in the complaint and cross-complaint have been served, or have appeared, or have been dismissed.
b. [1 The following parties named in the complaint or cross-complaint
(1) (1 have not been served (specify names and explain why not):
2) CO have been served but have not appeared and have not been dismissed (specify names):
(3) [have had a default entered against them (specify names):
« CI 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 [21 complaint
cross-complaint (J)
(describe, including causes of action):
Complaint and severed cross-complaint seek partition of agricultural and ranch lands, preliminary, and
perminent restraining orders.
Page1 of 4
Form Adopted for Mandatory Use Cal, Rules of Cour,
‘Judicial Council of California CASE MANAGEMENT STATEMENT rule 212
CM-110 {Rav January 1, 2005] ‘American LegalNet, Inc.
|www.USCaurtForms.com
«
@ @
CASE NUMBER’
PLAINTIFF/PETITIONER: Meline, et al.
127180
| DEFENDANT/RESPONDENT: Meline, et al.
4. be Provide a brief statement of the case, including any damages. (/f personal injury damages are sought, specify the injury and
damages claimed, including medical expenses to date [indicate source and amount], estimated future medical expenses, lost
earnings to date, and estimated future lost earnings. If equitable relief is sought, describe the nature of the relief.)
These matters consist of two separate and severed actions to partition family owned properties, one
commonly referred to as the orchard land, the other commonly referred to as the range land. The
orchard land properties have been in contention for a number of years and are, with updated appraisals,
close to being ready for mediated settlement or trial.
No action has commenced to date to partitition the range land properties and therefore that action is
estimated not to be ready for mediation or trial for a more substantial period of time.
Co (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 CD ajury trial oo a nonjury trial (if more than one party, provide the name of each party
requesting a jury trial):
Trial date
a. C_) The trial has been set for (date).
No trial date has been set. This case will be ready for trial within 12 months of the date of the filing of the complaint (if
not, explain): As noted in 4.b., the partition of the range land has not yet begun. Appraisers and
numerous com] ip lex legal issues need to be addressed before the case is ready for trial.
©. 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 (Z) aays (specify number): 10
b. [1 hours (short causes) (specify):
Trial representation (to be answered for each party)
The party or parties will be represented at trial [7] by the attorney or party listed in the caption [-) by the following
Attorney:
Firm:
Address:
Telephone number:
Fax number:
E-mail address:
Party represented:
(—) Additional representation is described in Attachment 8.
Preference
(J This case is entitled to preference (specify code section).
10. Alternative Dispute Resolution (ADR)
a. Counsel (4) has (1 has not provided the ADR information package identified in rule 201.9 to the client and has
reviewed ADR options with the client
bv. [Z Aliparties have agreed to a form of ADR. ADR will be completed by (date)| Mediation has been commenced.
©. (1) The case has gone to an ADR process (indicate status) All parties believed a settlement was
imminent. That however has fallen apart No eparate ettlement
(CM-110 (Rev. January 1, 2005) Page
2 of
ASE MANAGE! ENT TATEMENT.
negotiations have een undertaken as they relate to t|
range land.
x
@ @
CASE NUMBER,
PLAINTIFF/PETITIONER: Meline, et al.
127180
DEFENDANT/RESPONDENT: Meline, et al.
10. d. The party or parties are willing to participate in (check all that apply):
(1) Mediation
(2) [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) {—_] 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) (1 Binding judicial arbitration
(5) (1 Binding private arbitration
(6) [J Neutral case evaluation
(7) [-) 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 1601(b) 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): At mutual
convenience.
12. Insurance
a, (1 insurance carrier, if any, for party filing this statement (name):
b. Reservation of rights: [) Yes [J No
c. [1] 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.
[J 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. [1] Amotion to [) consolidate [51 coordinate will be filed by (name party):
15. Bifurcation
(—) The party or parties intend to file a 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
[55 The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):
‘CM-110 (Rev. January 1, 2008) CASE MANAGEMENT STATEMENT
e @
PLAINTIFF/PETITIONER: Meline, et al. CASE NUMBER.
127180
| DEFENDANT/RESPONDENT: Meline, et al.
17. Discovery
a The party or parties have completed all discovery.
b. (J The following discovery will be completed by the date specified (describe all anticipated discovery):
Party Descriptio Date
Extensive discovery with new
appraisals will need to be done
before the cases are ready for
trial.
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
(5 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 subjects required by rule 212 of the California Rules of
Court (if not, explain):
No actions have been commenced with respect to the partition of the range land. It is unknown if all
parties are represented presently by counsel.
b. After meeting and conferring as required by rule 212 of the California Rules of Court, the parties agree on the following
(specify).
2 Case management orders
Previous case management orders in this case are (check one): [J 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: January 21, 2005
JAMES B, BERGLUND
(TYPE OR PRINT NAME)
& Bl ty
(SIGNATURE OF PARTY OR ATTORNEY)
(TYPE OR PRINT NANE) (SIGNATURE OF PARTY OR ATTORNEY)
(1 Additional signatures are attached
‘CM-110 (Rev. January 1, 2005), CASE MANAGEMENT STATEMENT Page
4 of
[american LegalN Ine,
jwww.USCourtForms.com
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PROOF OF SERVICE BY MAIL
(CCP §§ 1013a & 2015.5)
I declare that:
Jam 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; ] am familiar with this firm'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 January 24, 2005, I served the CASE MANAGEMENT STATEMENT on the parties in
10 said cause by placing a true copy thereof enclosed in a sealed envelope addressed as follows and
11 placed each for collection and mailing following ordinary business practices:
12 WILLIAM WARD, Esq.
9 Williamsburg Ln.
13 Chico, CA 95926
14 JOHN JEFFERY CARTER, Esq.
P.O. Box 3606
15 Chico, CA 95927
16 NELS A. CHRISTENSEN, Esq.
CHRISTENSEN & SCHWARZ, LLP
17 1 Governors Lane
Chico, CA 95926
18
VICKI E. HARTIGAN, Esq.
19 McMurchie, Weill, Lenahan, Lee, Slater & Pearse
1030 Fifteenth St., Ste. 300
20 Sacramento, CA 95814
21 RICHARD L. CRABTREE, Esq.
854 Manzanita Court, Ste. 110
22 Chico, CA 95926
23 I declare under penalty of perjury under the laws of the State of California that the foregoing
24 is true and correct, and that this declaration was executed th itRay of January, 2005 at Oroville,
25 California. >
.
26
MELISSA DOLBEE
27
28
Preview
g a @ © CM-110 “ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and addross) FOR COURT USE ONLY | JAMES B. BERGLUND 70145 Attorney at Law 1639 Bird Street Soe Oroville, CA 95965 teveprone No: 530/532-1099 FAX NO, (Options: 530/532-1002 E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): Plaintiffs ‘SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE L JAN 2: 4 2005 LV street aooress: 655 Oleander Avenue E MAILING ADDRESS: Sharoi Si Miand Clerk [> airy ano zie cove: Chico, CA 95926 By. (el Den U3 BRANCH NAME: PLAINTIFF/PETITIONER: Meline, et al. DEFENDANT/RESPONDENT: Meline, et al. CASE MANAGEMENT STATEMENT ‘CASE NUMBER: (Check one): (2) uNuimitep case (7) timitep case 127180 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: February 3, 2005 Time: 1:30 p.m. Dept.: TBA. Div.: Room: Address of court (if different from the address above): INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. Party or parties (answer one): a. (Z] This statement is submitted by party (name): Randall C. Meline and Daniel Jeffers as b. [1 This statement is submitted jointly by parties (names): trustees of the Meline Irrevocable Trust #2 Dated 12/30/92 RANGE LAND ONLY) Complaint and cross-complaint (fo be answered by plaintiffs and cross-complainants only) a The complaint was filed on (date): b. [1] The cross-complaint, if any, was filed on (date): Service (to be answered by plaintiffs and cross-complainants only) a. (ZZ) Allparties named in the complaint and cross-complaint have been served, or have appeared, or have been dismissed. b. [1 The following parties named in the complaint or cross-complaint (1) (1 have not been served (specify names and explain why not): 2) CO have been served but have not appeared and have not been dismissed (specify names): (3) [have had a default entered against them (specify names): « CI 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 [21 complaint cross-complaint (J) (describe, including causes of action): Complaint and severed cross-complaint seek partition of agricultural and ranch lands, preliminary, and perminent restraining orders. Page1 of 4 Form Adopted for Mandatory Use Cal, Rules of Cour, ‘Judicial Council of California CASE MANAGEMENT STATEMENT rule 212 CM-110 {Rav January 1, 2005] ‘American LegalNet, Inc. |www.USCaurtForms.com « @ @ CASE NUMBER’ PLAINTIFF/PETITIONER: Meline, et al. 127180 | DEFENDANT/RESPONDENT: Meline, et al. 4. be Provide a brief statement of the case, including any damages. (/f personal injury damages are sought, specify the injury and damages claimed, including medical expenses to date [indicate source and amount], estimated future medical expenses, lost earnings to date, and estimated future lost earnings. If equitable relief is sought, describe the nature of the relief.) These matters consist of two separate and severed actions to partition family owned properties, one commonly referred to as the orchard land, the other commonly referred to as the range land. The orchard land properties have been in contention for a number of years and are, with updated appraisals, close to being ready for mediated settlement or trial. No action has commenced to date to partitition the range land properties and therefore that action is estimated not to be ready for mediation or trial for a more substantial period of time. Co (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 CD ajury trial oo a nonjury trial (if more than one party, provide the name of each party requesting a jury trial): Trial date a. C_) The trial has been set for (date). No trial date has been set. This case will be ready for trial within 12 months of the date of the filing of the complaint (if not, explain): As noted in 4.b., the partition of the range land has not yet begun. Appraisers and numerous com] ip lex legal issues need to be addressed before the case is ready for trial. ©. 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 (Z) aays (specify number): 10 b. [1 hours (short causes) (specify): Trial representation (to be answered for each party) The party or parties will be represented at trial [7] by the attorney or party listed in the caption [-) by the following Attorney: Firm: Address: Telephone number: Fax number: E-mail address: Party represented: (—) Additional representation is described in Attachment 8. Preference (J This case is entitled to preference (specify code section). 10. Alternative Dispute Resolution (ADR) a. Counsel (4) has (1 has not provided the ADR information package identified in rule 201.9 to the client and has reviewed ADR options with the client bv. [Z Aliparties have agreed to a form of ADR. ADR will be completed by (date)| Mediation has been commenced. ©. (1) The case has gone to an ADR process (indicate status) All parties believed a settlement was imminent. That however has fallen apart No eparate ettlement (CM-110 (Rev. January 1, 2005) Page 2 of ASE MANAGE! ENT TATEMENT. negotiations have een undertaken as they relate to t| range land. x @ @ CASE NUMBER, PLAINTIFF/PETITIONER: Meline, et al. 127180 DEFENDANT/RESPONDENT: Meline, et al. 10. d. The party or parties are willing to participate in (check all that apply): (1) Mediation (2) [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) {—_] 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) (1 Binding judicial arbitration (5) (1 Binding private arbitration (6) [J Neutral case evaluation (7) [-) 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 1601(b) 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): At mutual convenience. 12. Insurance a, (1 insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: [) Yes [J No c. [1] 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. [J 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. [1] Amotion to [) consolidate [51 coordinate will be filed by (name party): 15. Bifurcation (—) The party or parties intend to file a 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 [55 The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): ‘CM-110 (Rev. January 1, 2008) CASE MANAGEMENT STATEMENT e @ PLAINTIFF/PETITIONER: Meline, et al. CASE NUMBER. 127180 | DEFENDANT/RESPONDENT: Meline, et al. 17. Discovery a The party or parties have completed all discovery. b. (J The following discovery will be completed by the date specified (describe all anticipated discovery): Party Descriptio Date Extensive discovery with new appraisals will need to be done before the cases are ready for trial. 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 (5 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 subjects required by rule 212 of the California Rules of Court (if not, explain): No actions have been commenced with respect to the partition of the range land. It is unknown if all parties are represented presently by counsel. b. After meeting and conferring as required by rule 212 of the California Rules of Court, the parties agree on the following (specify). 2 Case management orders Previous case management orders in this case are (check one): [J 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: January 21, 2005 JAMES B, BERGLUND (TYPE OR PRINT NAME) & Bl ty (SIGNATURE OF PARTY OR ATTORNEY) (TYPE OR PRINT NANE) (SIGNATURE OF PARTY OR ATTORNEY) (1 Additional signatures are attached ‘CM-110 (Rev. January 1, 2005), CASE MANAGEMENT STATEMENT Page 4 of [american LegalN Ine, jwww.USCourtForms.com @ e PROOF OF SERVICE BY MAIL (CCP §§ 1013a & 2015.5) I declare that: Jam 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; ] am familiar with this firm'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 January 24, 2005, I served the CASE MANAGEMENT STATEMENT on the parties in 10 said cause by placing a true copy thereof enclosed in a sealed envelope addressed as follows and 11 placed each for collection and mailing following ordinary business practices: 12 WILLIAM WARD, Esq. 9 Williamsburg Ln. 13 Chico, CA 95926 14 JOHN JEFFERY CARTER, Esq. P.O. Box 3606 15 Chico, CA 95927 16 NELS A. CHRISTENSEN, Esq. CHRISTENSEN & SCHWARZ, LLP 17 1 Governors Lane Chico, CA 95926 18 VICKI E. HARTIGAN, Esq. 19 McMurchie, Weill, Lenahan, Lee, Slater & Pearse 1030 Fifteenth St., Ste. 300 20 Sacramento, CA 95814 21 RICHARD L. CRABTREE, Esq. 854 Manzanita Court, Ste. 110 22 Chico, CA 95926 23 I declare under penalty of perjury under the laws of the State of California that the foregoing 24 is true and correct, and that this declaration was executed th itRay of January, 2005 at Oroville, 25 California. > . 26 MELISSA DOLBEE 27 28