On March 06, 2002 a
Motion-Secondary
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
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{
Butie Cound:
Superior Court ~~ F
Law Office of E JAN 49 2006 L
WILLIAM
A PROFESSIONAL
A. WARD
CORPORATION
D D
STATE BAR NO. 37059 By. uty
#9 WILLIAMSBURG LANE
HICO, CALIFORNIA 95926
(530) 342-2225
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 under
il the Edward Richard Meline and Charlene POINTS AND AUTHORITIES IN
M. Meline Revocable Living Trust dated SUPPORT OF MOTION FOR
12 December 30, 1992, REFEREE RECOMMENDATIONS
FOR FIRST INTERLOCUTORY
13 Plaintiffs, ORDER
14 vs. Hearing Date: Feb. 17, 2006
Time: 9:00 a.m.
15 JACK MELINE, SHARON MELINE, Dept: TBA
DOROTHY MAY RABO, the testate and 633 Oleander Ave.
16 intestate successors and all persons Chico
claiming by, through or under FRED A.
17 RABO, deceased, VIOLET ARLENE Referee: The Honorable
MELINE, STEPHEN MELINE, Iv, Noel Watkins
18 ROBERT J. MELINE, NELDA F.
JESSEE, MELANIE G. EDGINGTON,
19 the testate and intestate successors and all
persons claimin; 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-ACTIONS
24
25 MW
26 MW
Points & Authorities in Support of Motion for Referee Recommendations for First Interlocutory Order
1
e @
Cross-Complainant and Defendant STEPHEN MELINE IV submits the following
points and authorities:
1 An Order Appointing Referee was filed herein on September 6, 2005.
2 Pursuant to the September 6, 2005 Order, the Referee was given authority
under Code of Civil Procedure § 873.060 and related statutes.
3 Code of Civil Procedure § 872.620 requires the Court have adequate proof to
ascertain title. Moving party requests the Referee find that litigation guarantees which are
current will be appropriate proof of the state of title and for an order that such guarantees be
10 provided.
M 4. Code of Civil Procedure § 873.110 authorizes the Referee to contract with
12 appraisers, surveyors, engineers and others. The Court’s September6, 2005 Order authorized
5 ws 13 the Referee to perform “any act necessary” to accomplish partition. The foregoing provides
RZ
BBSo
zs OS 14 the Referee with all authority necessary to make the findings and recommendations requested.
OS
S <3;ZeOLs
Zn0u
15 Dated: January _/$ , 2006. Respectfully submitted,
255
eoeaS
BuO
Sages ioe 16 s
seSo .
River 0
Ber 17
LIAM A. W. , Attorney for
18 Defendants and Cross-Complainants,
STEPHEN MELINE IV
19
20
21
22
23
24
26
Points & Authorities in Support of Motion for Referee Recommendations for First Interlocutory Order
2
®@ @
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 January 18, 2006, I served foregoing document(s) described as:
Points and Authorities
in Support of Motion for Referee
Recommendations for First Interlocutory Order
on the parties/counsel, addressed as follows:
John Jeffe: Carter, Esq. Richard L. Crabtree
CARTER AW OFFIC! Attorney at Law
10 P. O. Box 3606 854 Manzanita Court, #110
Chico, CA 95927-3606 Chico, CA 9592
I
Nels A. Christensen, Esq. James B. Berglund
sf 12 CHRISTENSEN & SCHWARZ, LLP Attorney at Law
Lazo
Eo: 1 Governors Lane 1838 Feather River Boulevard
3853 13 Chico, CA 95926 Oroville, CA 95965
SoSg
OOSir
OZR 14
ZL0ES
225
LILO Charleton S. Pearse, Esq. Referee, The Honorable Noel Watkins
McMURCHIE, WEILL, LENAHAN, LEE,
SA BuOR
Beg,
wEcso~
meee
REM:
15
SLATER & PEARSE, LLP
1030 Fifteenth Street, Suite 300
PO. of the Superior Court, Retired
Box 33
Red Bluff, CA 96080
16
Sacramento, CA 95814
17
18 The following is the procedure in which service of this document was effected.
19 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
20 mail is deposited in the United States mailbox in the City of Chico, California, after the
close of the day’s business)
21 Federal Express
Facsimile
22
23 I declare under penalty of perjury under the laws of the State of California that the
24 foregoing is true and correct, and that this document is executed on January 18, 2006, at Chico,
25 California.
26 Manor)
Leslie Marron
Preview
e ® F { Butie Cound: Superior Court ~~ F Law Office of E JAN 49 2006 L WILLIAM A PROFESSIONAL A. WARD CORPORATION D D STATE BAR NO. 37059 By. uty #9 WILLIAMSBURG LANE HICO, CALIFORNIA 95926 (530) 342-2225 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 under il the Edward Richard Meline and Charlene POINTS AND AUTHORITIES IN M. Meline Revocable Living Trust dated SUPPORT OF MOTION FOR 12 December 30, 1992, REFEREE RECOMMENDATIONS FOR FIRST INTERLOCUTORY 13 Plaintiffs, ORDER 14 vs. Hearing Date: Feb. 17, 2006 Time: 9:00 a.m. 15 JACK MELINE, SHARON MELINE, Dept: TBA DOROTHY MAY RABO, the testate and 633 Oleander Ave. 16 intestate successors and all persons Chico claiming by, through or under FRED A. 17 RABO, deceased, VIOLET ARLENE Referee: The Honorable MELINE, STEPHEN MELINE, Iv, Noel Watkins 18 ROBERT J. MELINE, NELDA F. JESSEE, MELANIE G. EDGINGTON, 19 the testate and intestate successors and all persons claimin; 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-ACTIONS 24 25 MW 26 MW Points & Authorities in Support of Motion for Referee Recommendations for First Interlocutory Order 1 e @ Cross-Complainant and Defendant STEPHEN MELINE IV submits the following points and authorities: 1 An Order Appointing Referee was filed herein on September 6, 2005. 2 Pursuant to the September 6, 2005 Order, the Referee was given authority under Code of Civil Procedure § 873.060 and related statutes. 3 Code of Civil Procedure § 872.620 requires the Court have adequate proof to ascertain title. Moving party requests the Referee find that litigation guarantees which are current will be appropriate proof of the state of title and for an order that such guarantees be 10 provided. M 4. Code of Civil Procedure § 873.110 authorizes the Referee to contract with 12 appraisers, surveyors, engineers and others. The Court’s September6, 2005 Order authorized 5 ws 13 the Referee to perform “any act necessary” to accomplish partition. The foregoing provides RZ BBSo zs OS 14 the Referee with all authority necessary to make the findings and recommendations requested. OS S <3;ZeOLs Zn0u 15 Dated: January _/$ , 2006. Respectfully submitted, 255 eoeaS BuO Sages ioe 16 s seSo . River 0 Ber 17 LIAM A. W. , Attorney for 18 Defendants and Cross-Complainants, STEPHEN MELINE IV 19 20 21 22 23 24 26 Points & Authorities in Support of Motion for Referee Recommendations for First Interlocutory Order 2 ®@ @ 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 January 18, 2006, I served foregoing document(s) described as: Points and Authorities in Support of Motion for Referee Recommendations for First Interlocutory Order on the parties/counsel, addressed as follows: John Jeffe: Carter, Esq. Richard L. Crabtree CARTER AW OFFIC! Attorney at Law 10 P. O. Box 3606 854 Manzanita Court, #110 Chico, CA 95927-3606 Chico, CA 9592 I Nels A. Christensen, Esq. James B. Berglund sf 12 CHRISTENSEN & SCHWARZ, LLP Attorney at Law Lazo Eo: 1 Governors Lane 1838 Feather River Boulevard 3853 13 Chico, CA 95926 Oroville, CA 95965 SoSg OOSir OZR 14 ZL0ES 225 LILO Charleton S. Pearse, Esq. Referee, The Honorable Noel Watkins McMURCHIE, WEILL, LENAHAN, LEE, SA BuOR Beg, wEcso~ meee REM: 15 SLATER & PEARSE, LLP 1030 Fifteenth Street, Suite 300 PO. of the Superior Court, Retired Box 33 Red Bluff, CA 96080 16 Sacramento, CA 95814 17 18 The following is the procedure in which service of this document was effected. 19 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 20 mail is deposited in the United States mailbox in the City of Chico, California, after the close of the day’s business) 21 Federal Express Facsimile 22 23 I declare under penalty of perjury under the laws of the State of California that the 24 foregoing is true and correct, and that this document is executed on January 18, 2006, at Chico, 25 California. 26 Manor) Leslie Marron