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“| ATIGRNEY OR PARTY WITHOUT ATTORNEY (Namo, Binz ‘and
g
5 AT RUN 8 BB y110
Ent FORICOURT USE ONLY. Lm
address: WEELIAM A. WARD
DOCUMENT
(SBN 37059)
| LAW OFFICE OF WILLIAM A. WARD
#9 Williamsburg Lane
Chico, California 95926 Butte Coun’
TELEPHONE
NO.: (530) 342-2225 FAX NO. (Optional) juperfor Court
E-MAIL ADDRESS (Optiona):
Iv_et al.
ATTORNEY.FOR (Name): STEPHEN MELINE,
JUN 08 2005
SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE
STREET ADDRESS: 655 Oleander Avenue D si ickland Clerk
MAILING ADDRESS: 655 Oleander Avenue By.
city AND zip cope: Chico, CA 95926
BRANCH NAME:
PLAINTIFF/PETITIONER: MELINE, et al.
DEFENDANT/RESPONDENT: MELINE, et al.
CASE MANAGEMENT STATEMENT CASE NUMBER:
(Check one): UNLIMITED CASE [3 umitep case 127180
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: 6-17-05 Time:9:00 a.m. Dept.: TBA 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. [_] This statement is submitted by party (name):
b. [2c] This statement is submitted jointly by parties (names): Violet Arlene Meline, Stephen Meline Iv,
Robert J. Meline, Nelda F. Jessee and Melanie G. Edgington
Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only)
a. The complaint was filed on (date): March 6, 2002
The cross-complaint, if any, was filed on (date): February 3, 2003
Service (to be answered by plaintiffs and cross-complainants only)
a CJ al parties 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) [] have been served but have not appeared and have not been dismissed (specify names):
(3) [] have had a default entered against them (specify names):
c. 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 complaint cross-complaint (describe, including causes of action):
The complaint seeks partition of real property and an injunction. The
cross-complaint seeks partition of additional real property. This case will also
involve dissolving a Corporation after determination of the Corporation ownership
interest in real property because of improvements it owns on the real property.
One of the shareholders of the family Corporation is not a landowner which fact
will impact winding up and distribution. Page 1 of 4
Form Adopted for Mandatory Use CASE MANAGEMENT STATEMENT Cal. Rules of Court,
Judicial Council of California
CM-110 [Rev. January 1, 2005) GEB rule 212
PLAINTIFF/PETITIONER: MELINE
e et al.
"ASE NUMBER:
127180
DEFENDANT/RESPONDENT: MELINE et al.
4. b Provide a brief statement of the case, including any damages. (If 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
eamings to date, and estimated future lost earnings. If equitable relief is sought, describe the nature of the relief.)
This is a’partition action of separate ranches. The complaint involves orchard
land and a corporation and the cross-complaint involves range land. Some but not
100% of the parties have common ownership in both ranches. The Court granted a
motion to sever. This case has been mediated but is not settled. The Corporation
will be dissolved An accounting will be required as part of the dissolution
process.
Recently, the Rabo Family indicated through legal counsel they wanted
partition by sale. This will have an affect on land division and potentially
require a sale of a portion of each ranch. They also indicated that it is their
intent to add a third commonly owned ranch to the partition.
.
(If more space is needed, check this box and attach a page designated as Attachment 4b.)
5. Jury or nonjury trial
The party or parties request Cia jury trial Ea Nonjury trial (if more than one party, provide the name of each party
requesting a jury trial).
Trial date
{J 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): This case will require more than 12 months for preparation
Appraisals and surveys will be required.
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).
days (specify number): Two (2) weeks
. [1 hours (short causes) (specify):
Trial representation (to be answered for each party)
The party or parties will be represented at trial [2] by the attomey or party listed in the caption Co by the following:
Attorney: William A. Ward
Firm: LAW OFFICE OF WILLIAM A. WARD
Address:9 Williamsburg Lane, Chico, CA 95926
Telephone number: (530) 342-2225
Fax number: (530) 342-7920
E-mail address: n/a
Party represented: The Stephen Meline IV Family
oo Additional representation is described in Attachment 8.
Preference
[<] This case is entitled to preference (specify code section): Plaintiff has requested preference.
10. Alternative Dispute Resolution (ADR)
a Counsel has has not provided the ADR information package identified in rule 201.9 to the client and has
reviewed ADR options with the client.
b. [1 Allparties have agreed to a form of ADR. ADR will be completed by (date).
c. [Gc] The case has gone to an ADR process (indicate status): Mediation, settlement not reached
(CM-110 (Rev. January 1, 2005] Page
2 of 4
CASE MANAGEMENT STATEMENT
@EB
NUMBER:
. PLAINTIFF/PETITIONER: MELINE, 4 al.
127180
[_DEFENDANT/RESPONDENT: MELINE, et al.
10. d. The party or parties are willing to participate in (check all that apply):
(1) Gel Mediation
(2) 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) Oo 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) [21 Binding judicial arbitration
©, CO Binding private arbitration
(6) (J Neutral case evaluation
(7) Other (specify): Appointment of a referee under Code of Civil Procedure
Section 644 (b) .
e. [_) 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 ttlement conference
The party or parties are willing to participate in an early settlement conference (specify when): At any time.
12. insurance
a. [_] Insurance carrier, if any, for party filing this statement (name):
b. Reservation
of rights: (5 Yes [1 No
c. oo 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.
OH Bankruptcy CI 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. C7] Amotion to [5 consolidate [5 coordinate will be filed by (name party):
15. Bifurcation
[5] 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
[1 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, 2005] CASE MANAGEMENT STATEMENT Page
3 of 4
@EB
:
PLAINTIFF/PETITIONER: MELINE , etal. 9E NUMBER:
127180
| DEFENDANT/RESPONDENT:MELINE, et al.
17. Discovery
a. [_] The party or parties have completed all discovery.
The following discovery will be completed by the date specified (describe all anticipated discovery):
Party Description Date
Defendant and Discovery is anticipated in regard dan. 2006
Cross-Complainants to the land division and appraisals
regarding all ranches. Also,
discovery may be required in respect
to the dissolution of the Corporation
and anticipated accounting issue.
c. Ex] The following discovery issues are anticipated (specify): Use and alleged mis-use of Corporation
assets.
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 througii 98 will apply to this case.
b. (J 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
(<] The party or parties request that the following additional matters be considered or determined at the case management
conference (specify):A motion for appointment of referee is pending, to be heard
concurrently with the Case Management Conference.
20. Meet and confer
a. Lx] 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):
b. After meeting and conferring as required by rule 212 of the California Rules of Court, the parties agree on the following
(specify):
a1 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):
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 stipulations on these issues at the time of the case management
conference, including the written authority of the party where required.
Date: June 3, 2005.
William A. Ward
(TYPE OR PRINT NAME) (SIGNATURE
OF PARTY OR ATTORNEY)
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
(1) Additional signatures are attached
(CM-110 (Rev. January 1, 2005] Page
4 of 4
CASE MANAGEMENT STATEMENT
G@EB
e ®
PROOF OF SERVICE
I declare that I am employed in the County of Butte, State of California. I am over the age
of 18 years and am not a party to the within action; my business address is #9 Williamsburg Lane,
Chico, California, 95926.
On June 3, 2005, I served foregoing document(s) described as:
Case Management Statement
on the parties/counsel, addressed as follows:
John Jeffe: Carter, Esq. Richard L. Crabtree
CARTER AAW OFFICE Attorney at Law
P. O. Box 3606 54 Manzanita Court, #110
Chico, CA 95927-3606 Chico, CA 95926
10
Nels A. Christensen, Esq. James B. Berglund
i CHRISTENSEN & SCHWARZ, LLP Attorney at Law
1 Governors Lane 1639 Bird Street
ZSa wa 12 Chico, CA 95926 Oroville, CA 95965
L< Eo.
sS38
SsoS0 13
ZN
soany Charleton S. Pearse, Esq.
oZm0u
oe nF 14 McMURCHIE, WEILL, LENAHAN, LEE,
SLATER & PEARSE, LLP .
omaeae
Bu508 15 1030 Fifteenth Street, Suite 300
ee Sacramento, CA 95814
Hgrso
Biv%or
Be %S 16
17 The following is the procedure in which service of this document was effected.
18 X__ U.S. Postal Service (placing such envelope(s) with postage thereon fully prepaid in the
designated area for outgoing mail in accordance with this office’s practice, whereby the
19 mail is deposited in the United States mailbox in the City of Chico, California, after the
close of the day’s business)
20 Federal Express
Facsimile
21
22 I declare under penalty of perjury under the laws of the State of California that the
23 foregoing is true and correct, and that this document is executed on June 3, 2005, at Chico,
24 California.
ogee Mineo
26
Preview
“| ATIGRNEY OR PARTY WITHOUT ATTORNEY (Namo, Binz ‘and g 5 AT RUN 8 BB y110 Ent FORICOURT USE ONLY. Lm address: WEELIAM A. WARD DOCUMENT (SBN 37059) | LAW OFFICE OF WILLIAM A. WARD #9 Williamsburg Lane Chico, California 95926 Butte Coun’ TELEPHONE NO.: (530) 342-2225 FAX NO. (Optional) juperfor Court E-MAIL ADDRESS (Optiona): Iv_et al. ATTORNEY.FOR (Name): STEPHEN MELINE, JUN 08 2005 SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE STREET ADDRESS: 655 Oleander Avenue D si ickland Clerk MAILING ADDRESS: 655 Oleander Avenue By. city AND zip cope: Chico, CA 95926 BRANCH NAME: PLAINTIFF/PETITIONER: MELINE, et al. DEFENDANT/RESPONDENT: MELINE, et al. CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): UNLIMITED CASE [3 umitep case 127180 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: 6-17-05 Time:9:00 a.m. Dept.: TBA 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. [_] This statement is submitted by party (name): b. [2c] This statement is submitted jointly by parties (names): Violet Arlene Meline, Stephen Meline Iv, Robert J. Meline, Nelda F. Jessee and Melanie G. Edgington Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) a. The complaint was filed on (date): March 6, 2002 The cross-complaint, if any, was filed on (date): February 3, 2003 Service (to be answered by plaintiffs and cross-complainants only) a CJ al parties 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) [] have been served but have not appeared and have not been dismissed (specify names): (3) [] have had a default entered against them (specify names): c. 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 complaint cross-complaint (describe, including causes of action): The complaint seeks partition of real property and an injunction. The cross-complaint seeks partition of additional real property. This case will also involve dissolving a Corporation after determination of the Corporation ownership interest in real property because of improvements it owns on the real property. One of the shareholders of the family Corporation is not a landowner which fact will impact winding up and distribution. Page 1 of 4 Form Adopted for Mandatory Use CASE MANAGEMENT STATEMENT Cal. Rules of Court, Judicial Council of California CM-110 [Rev. January 1, 2005) GEB rule 212 PLAINTIFF/PETITIONER: MELINE e et al. "ASE NUMBER: 127180 DEFENDANT/RESPONDENT: MELINE et al. 4. b Provide a brief statement of the case, including any damages. (If 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 eamings to date, and estimated future lost earnings. If equitable relief is sought, describe the nature of the relief.) This is a’partition action of separate ranches. The complaint involves orchard land and a corporation and the cross-complaint involves range land. Some but not 100% of the parties have common ownership in both ranches. The Court granted a motion to sever. This case has been mediated but is not settled. The Corporation will be dissolved An accounting will be required as part of the dissolution process. Recently, the Rabo Family indicated through legal counsel they wanted partition by sale. This will have an affect on land division and potentially require a sale of a portion of each ranch. They also indicated that it is their intent to add a third commonly owned ranch to the partition. . (If more space is needed, check this box and attach a page designated as Attachment 4b.) 5. Jury or nonjury trial The party or parties request Cia jury trial Ea Nonjury trial (if more than one party, provide the name of each party requesting a jury trial). Trial date {J 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): This case will require more than 12 months for preparation Appraisals and surveys will be required. 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). days (specify number): Two (2) weeks . [1 hours (short causes) (specify): Trial representation (to be answered for each party) The party or parties will be represented at trial [2] by the attomey or party listed in the caption Co by the following: Attorney: William A. Ward Firm: LAW OFFICE OF WILLIAM A. WARD Address:9 Williamsburg Lane, Chico, CA 95926 Telephone number: (530) 342-2225 Fax number: (530) 342-7920 E-mail address: n/a Party represented: The Stephen Meline IV Family oo Additional representation is described in Attachment 8. Preference [<] This case is entitled to preference (specify code section): Plaintiff has requested preference. 10. Alternative Dispute Resolution (ADR) a Counsel has has not provided the ADR information package identified in rule 201.9 to the client and has reviewed ADR options with the client. b. [1 Allparties have agreed to a form of ADR. ADR will be completed by (date). c. [Gc] The case has gone to an ADR process (indicate status): Mediation, settlement not reached (CM-110 (Rev. January 1, 2005] Page 2 of 4 CASE MANAGEMENT STATEMENT @EB NUMBER: . PLAINTIFF/PETITIONER: MELINE, 4 al. 127180 [_DEFENDANT/RESPONDENT: MELINE, et al. 10. d. The party or parties are willing to participate in (check all that apply): (1) Gel Mediation (2) 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) Oo 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) [21 Binding judicial arbitration ©, CO Binding private arbitration (6) (J Neutral case evaluation (7) Other (specify): Appointment of a referee under Code of Civil Procedure Section 644 (b) . e. [_) 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 ttlement conference The party or parties are willing to participate in an early settlement conference (specify when): At any time. 12. insurance a. [_] Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: (5 Yes [1 No c. oo 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. OH Bankruptcy CI 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. C7] Amotion to [5 consolidate [5 coordinate will be filed by (name party): 15. Bifurcation [5] 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 [1 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, 2005] CASE MANAGEMENT STATEMENT Page 3 of 4 @EB : PLAINTIFF/PETITIONER: MELINE , etal. 9E NUMBER: 127180 | DEFENDANT/RESPONDENT:MELINE, et al. 17. Discovery a. [_] The party or parties have completed all discovery. The following discovery will be completed by the date specified (describe all anticipated discovery): Party Description Date Defendant and Discovery is anticipated in regard dan. 2006 Cross-Complainants to the land division and appraisals regarding all ranches. Also, discovery may be required in respect to the dissolution of the Corporation and anticipated accounting issue. c. Ex] The following discovery issues are anticipated (specify): Use and alleged mis-use of Corporation assets. 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 througii 98 will apply to this case. b. (J 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 (<] The party or parties request that the following additional matters be considered or determined at the case management conference (specify):A motion for appointment of referee is pending, to be heard concurrently with the Case Management Conference. 20. Meet and confer a. Lx] 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): b. After meeting and conferring as required by rule 212 of the California Rules of Court, the parties agree on the following (specify): a1 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): 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 stipulations on these issues at the time of the case management conference, including the written authority of the party where required. Date: June 3, 2005. William A. Ward (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) (1) Additional signatures are attached (CM-110 (Rev. January 1, 2005] Page 4 of 4 CASE MANAGEMENT STATEMENT G@EB e ® PROOF OF SERVICE I declare that I am employed in the County of Butte, State of California. I am over the age of 18 years and am not a party to the within action; my business address is #9 Williamsburg Lane, Chico, California, 95926. On June 3, 2005, I served foregoing document(s) described as: Case Management Statement on the parties/counsel, addressed as follows: John Jeffe: Carter, Esq. Richard L. Crabtree CARTER AAW OFFICE Attorney at Law P. O. Box 3606 54 Manzanita Court, #110 Chico, CA 95927-3606 Chico, CA 95926 10 Nels A. Christensen, Esq. James B. Berglund i CHRISTENSEN & SCHWARZ, LLP Attorney at Law 1 Governors Lane 1639 Bird Street ZSa wa 12 Chico, CA 95926 Oroville, CA 95965 L< Eo. sS38 SsoS0 13 ZN soany Charleton S. Pearse, Esq. oZm0u oe nF 14 McMURCHIE, WEILL, LENAHAN, LEE, SLATER & PEARSE, LLP . omaeae Bu508 15 1030 Fifteenth Street, Suite 300 ee Sacramento, CA 95814 Hgrso Biv%or Be %S 16 17 The following is the procedure in which service of this document was effected. 18 X__ U.S. Postal Service (placing such envelope(s) with postage thereon fully prepaid in the designated area for outgoing mail in accordance with this office’s practice, whereby the 19 mail is deposited in the United States mailbox in the City of Chico, California, after the close of the day’s business) 20 Federal Express Facsimile 21 22 I declare under penalty of perjury under the laws of the State of California that the 23 foregoing is true and correct, and that this document is executed on June 3, 2005, at Chico, 24 California. ogee Mineo 26