Preview
1 Nels A. Christensen, CA Bar #037410
CHRISTENSEN & SCHWARZ, LLP
2 l Governors Lane
Chico, California 95926
3 530—343—5875
Telephone:
4 Attorneys for JACK MELINE
5
6
7 SUPERIOR COURT OF THE STATE OF CALIFORNIA
8 IN AND FOR THE COUNTY OF BUTTE
9 EDWARD RICHARD MELINE and ) //
CHARLENE M. MELINE, Trustees ) Case No. 127180—C
10 under the Edward Richard )
Meline and Charlene M. Meline )
11 Revocable Living Trust dated )
December 30, 1992, )
12 )
Plaintiffs, )
13 )
VS. ) ANSWER OF JACK MELINE TO CROSS-
14 ) COMPLAINT 0F RON RABo, ET AL.
JACK MELINE, SHARON MELINE, )
15 DOROTHY MAY RABO, the testate )
and intestate successors and all)
16 persons claiming by, through )
or under FRED A. RABO, deceased,) .
17 VIOLET ARLENE MELINE, STEPHEN )
MELINE IV, ROBERT J. MELINE, )
18 NELDA F. JESSEE, MELANIE G. )
EDGINGTON, the testate and )
19 intestate successors and all )
persons claiming by, through or )
20 under DAVID L. MELINE, MELINE & )
RABO FARMS, INC., a California )
21 corporation, and DOES l through )
20, inclusive, )
22 )
Defendants. )
23
i
24 AND RELATED CRosseACTIONs )
)
25
26 \\\\
LAWOFFICFSOP
& SCHWARZ, LLP
CHRISTENSEN l
1Governors Lane
Chico,Ca11fornia95926 ANSWER OF JACK MELINE TO CROSS-COMPLAINT OF RON RABO, ET AL.
Phonc:550/343»5875
Fax: 550/343-6454
Cross—Defendant JACK MELINE, Trustee of the 'Jack Meline
Irrevocable Trust dated December 31, 1994 ("JACK MELINE")) answers
the unverified cross—complaint of RON RABO, MICHAEL RABO, NICK
RABO, MARY RABO SCHWEIGER and SUE MILLER as follows:
GENERAL ALLEGATIONS
N
1. Answering Paragraph 1, to the extent that such paragraph
contains general allegations, JACK MELINE admits such allegations.
10 FIRST CAUSE OF ACTION
11 (PARTITION)
12 2. JACK MELINE admits the allegations of Paragraph 2.
13 3L Answering Paragraph 3, JACK MELINE admits that each of
14 the families owns an undivided 25% interest in such real property,
15 such 25% interest of the Jack Meline Family being owned by JACK
16 MELINE, Trustee of the Jack Meline Irrevocable Trust dated
17 December 31, 1994. JACK MELINE further admits that all of the
18 interests of the families in such real property are materially
19 affected by this action.
20 4. JACK MELINE has no information or belief sufficient to
21 enable him to answer the allegations of Paragraph 4, and, basing
22 his denial upon such grounds, denies such allegations.
23 5. Answering Paragraph 5, JACK MELINE admits that Cross—
24 Complainants request that the subject real property be partitioned
25 by sale and seek, in the alternative, partition by division. JACK
26 MELINE denies that such real property cannot be equitably
LAW OFFICES 0P
& SCHWARZ, LLP
CHRISTENSEN 2
1Governors Lane
Chico, California 95926 ANSWER OF JACK MELINE TO CROSS—COMPLAINT OF RON RABO, ET AL.
Phone: 530/543-5875
Fax: 550/543-6454
H
partitioned in kind, and requests that such real’property be
N
partitioned in kind. JACK MELINE does not object to partition by
w
sale if it is ultimately determined that partition in kind is not
feasible or equitable.
m
SECOND CAUSE OF ACTION
a
(INVOLUNTARY DISSOLUTION OF MELINE AND RABO INCORPORATED)
V
6. JACK MELINE admits the allegations of Paragraphs 6, 7
'm
and 8.
o
7. Answering Paragraphs 9, 10 and 12, JACK MELINE has no
o
information or belief sufficient to enable him to answer the
allegation that the business of the corporation cannot be
conducted to an advantage, and, basing his denial upon such
grounds, denies such allegations. However, JACK MELINE does not
object to dissolution of the corporation.
8. Answering Paragraph 11, if the allegations of such
paragraph are interpreted to allege that JACK MELINE has been
guilty of the conduct alleged in such paragraph, JACK MELINE
denies such allegations. To the extent that such allegations are
directed at directors of the corporation other than JACK MELINE,
JACK MELINE has no information or belief sufficient to enable him
to answer such allegations, and, basing his denial upon such
grounds, denies such allegations.
WHEREFORE, JACK MELINE prays judgment as follows:
l. For a judgment partitioning the subject real property in
kind, or, if a partition in kind cannot be physically and
26
LAW OFFICES 0P
equitably accomplished, for partition by sale; and
CHRISTENSEN &
Scnwm, LL? 3
1 Governors Lane
Chico, California 95926 ANSWER OF JACK MELINE TO CROSS—COMPLAINT OF RON RABO, ET AL.
Phone: 5 30/3456 875
Fax: 530/5436454
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2. For such other and further relief as theACourt deems
DO
proper.
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Dated: January 30, 2006. CHRISTENSEN & SCHWARZ, LLP
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LMWOFHCESOP
& SCHWARZ, LLP
CHRISTENSEN
l Governors Lane
Chico, California 95926
Phone: 530/343-5875
Fax: 550/545—6454
PROOF OF SERVICE BY MAIL - CCP 1013§J 2015.5
I, LISA R. MORTON, declare that:
1. I am a resident of and employed in the County of Butte,
State of California. I am over the age of eighteen years and not
a party to the within action; my business address is as follows:
1 Governors Lane, Chico, Butte County, California 95926.
2. On January 30, 2006, I served the following:
V
ANSWER OF JACK.MELINE TO CROSS-COMPLAINT OF RON'RABO, ET.AL.
10 on the interested parties in said action, by following ordinary
business practice, placing a true copy thereof enclosed in a
11 sealed envelope, for collection and mailing with the United States
Postal Service where it would be deposited for first class de—
12 livery, with postage thereon fully prepaid, in the United States
Postal Service at Chico, California, that same day in the ordinary
13 course of business, addressed as follows:
14
John Jeffery Carter Richard L. Crabtree
15 Carter Law Office Attorney at Law
Post Office Box 3606 1395 Ridgewood Drive, Ste 300
16 Chico, California 95927 Chico, California 95973
17 William A. Ward James B. Berglund
Attorney at Law Attorney at Law
18 9 Williamsburg Lane 1838 Feather River Blvd.
Chico, California 95926 Oroville, California 95965
19
Charleton S. Pearse
20 McMurchie, Weill, Lenahan, Lee,
Slater & Pearse, LLP
21 1030 Fifteenth Street, Suite 300
Sacramento, California 95814
22
23 3. I declare under penalty of perjury that the foregoing
is true and correct, and that this declaration was executed on
24 January 30, 2006, at Chico, Butte Coun California.
25
26
LAW OFFICES 0P
LISA R. MORTON
& SCHWARZ, LLP
CHRISTENSEN
l Governors Lane
Chico, California 95926
Phone: 530/345-5875
Fax: 550/3436454
Preview
1 Nels A. Christensen, CA Bar #037410 CHRISTENSEN & SCHWARZ, LLP 2 l Governors Lane Chico, California 95926 3 530—343—5875 Telephone: 4 Attorneys for JACK MELINE 5 6 7 SUPERIOR COURT OF THE STATE OF CALIFORNIA 8 IN AND FOR THE COUNTY OF BUTTE 9 EDWARD RICHARD MELINE and ) // CHARLENE M. MELINE, Trustees ) Case No. 127180—C 10 under the Edward Richard ) Meline and Charlene M. Meline ) 11 Revocable Living Trust dated ) December 30, 1992, ) 12 ) Plaintiffs, ) 13 ) VS. ) ANSWER OF JACK MELINE TO CROSS- 14 ) COMPLAINT 0F RON RABo, ET AL. JACK MELINE, SHARON MELINE, ) 15 DOROTHY MAY RABO, the testate ) and intestate successors and all) 16 persons claiming by, through ) or under FRED A. RABO, deceased,) . 17 VIOLET ARLENE MELINE, STEPHEN ) MELINE IV, ROBERT J. MELINE, ) 18 NELDA F. JESSEE, MELANIE G. ) EDGINGTON, the testate and ) 19 intestate successors and all ) persons claiming by, through or ) 20 under DAVID L. MELINE, MELINE & ) RABO FARMS, INC., a California ) 21 corporation, and DOES l through ) 20, inclusive, ) 22 ) Defendants. ) 23 i 24 AND RELATED CRosseACTIONs ) ) 25 26 \\\\ LAWOFFICFSOP & SCHWARZ, LLP CHRISTENSEN l 1Governors Lane Chico,Ca11fornia95926 ANSWER OF JACK MELINE TO CROSS-COMPLAINT OF RON RABO, ET AL. Phonc:550/343»5875 Fax: 550/343-6454 Cross—Defendant JACK MELINE, Trustee of the 'Jack Meline Irrevocable Trust dated December 31, 1994 ("JACK MELINE")) answers the unverified cross—complaint of RON RABO, MICHAEL RABO, NICK RABO, MARY RABO SCHWEIGER and SUE MILLER as follows: GENERAL ALLEGATIONS N 1. Answering Paragraph 1, to the extent that such paragraph contains general allegations, JACK MELINE admits such allegations. 10 FIRST CAUSE OF ACTION 11 (PARTITION) 12 2. JACK MELINE admits the allegations of Paragraph 2. 13 3L Answering Paragraph 3, JACK MELINE admits that each of 14 the families owns an undivided 25% interest in such real property, 15 such 25% interest of the Jack Meline Family being owned by JACK 16 MELINE, Trustee of the Jack Meline Irrevocable Trust dated 17 December 31, 1994. JACK MELINE further admits that all of the 18 interests of the families in such real property are materially 19 affected by this action. 20 4. JACK MELINE has no information or belief sufficient to 21 enable him to answer the allegations of Paragraph 4, and, basing 22 his denial upon such grounds, denies such allegations. 23 5. Answering Paragraph 5, JACK MELINE admits that Cross— 24 Complainants request that the subject real property be partitioned 25 by sale and seek, in the alternative, partition by division. JACK 26 MELINE denies that such real property cannot be equitably LAW OFFICES 0P & SCHWARZ, LLP CHRISTENSEN 2 1Governors Lane Chico, California 95926 ANSWER OF JACK MELINE TO CROSS—COMPLAINT OF RON RABO, ET AL. Phone: 530/543-5875 Fax: 550/543-6454 H partitioned in kind, and requests that such real’property be N partitioned in kind. JACK MELINE does not object to partition by w sale if it is ultimately determined that partition in kind is not feasible or equitable. m SECOND CAUSE OF ACTION a (INVOLUNTARY DISSOLUTION OF MELINE AND RABO INCORPORATED) V 6. JACK MELINE admits the allegations of Paragraphs 6, 7 'm and 8. o 7. Answering Paragraphs 9, 10 and 12, JACK MELINE has no o information or belief sufficient to enable him to answer the allegation that the business of the corporation cannot be conducted to an advantage, and, basing his denial upon such grounds, denies such allegations. However, JACK MELINE does not object to dissolution of the corporation. 8. Answering Paragraph 11, if the allegations of such paragraph are interpreted to allege that JACK MELINE has been guilty of the conduct alleged in such paragraph, JACK MELINE denies such allegations. To the extent that such allegations are directed at directors of the corporation other than JACK MELINE, JACK MELINE has no information or belief sufficient to enable him to answer such allegations, and, basing his denial upon such grounds, denies such allegations. WHEREFORE, JACK MELINE prays judgment as follows: l. For a judgment partitioning the subject real property in kind, or, if a partition in kind cannot be physically and 26 LAW OFFICES 0P equitably accomplished, for partition by sale; and CHRISTENSEN & Scnwm, LL? 3 1 Governors Lane Chico, California 95926 ANSWER OF JACK MELINE TO CROSS—COMPLAINT OF RON RABO, ET AL. Phone: 5 30/3456 875 Fax: 530/5436454 ha 2. For such other and further relief as theACourt deems DO proper. 00 Dated: January 30, 2006. CHRISTENSEN & SCHWARZ, LLP $5 Ln NELS A. CHRISTENSEN 03 Attorneys for JACK MELINE ‘4 OD . ANSWER.Adobe Cross Complaint.MVM.wpd “D r—l CD I—I P4 |—| DO )—| OJ 4> p—I r—I LN r—I 01 |—- ‘4 r—I CD U3 H CD N F4 N P0 N 00 N $5 NRD Ln 26 LMWOFHCESOP & SCHWARZ, LLP CHRISTENSEN l Governors Lane Chico, California 95926 Phone: 530/343-5875 Fax: 550/545—6454 PROOF OF SERVICE BY MAIL - CCP 1013§J 2015.5 I, LISA R. MORTON, declare that: 1. I am a resident of and employed in the County of Butte, State of California. I am over the age of eighteen years and not a party to the within action; my business address is as follows: 1 Governors Lane, Chico, Butte County, California 95926. 2. On January 30, 2006, I served the following: V ANSWER OF JACK.MELINE TO CROSS-COMPLAINT OF RON'RABO, ET.AL. 10 on the interested parties in said action, by following ordinary business practice, placing a true copy thereof enclosed in a 11 sealed envelope, for collection and mailing with the United States Postal Service where it would be deposited for first class de— 12 livery, with postage thereon fully prepaid, in the United States Postal Service at Chico, California, that same day in the ordinary 13 course of business, addressed as follows: 14 John Jeffery Carter Richard L. Crabtree 15 Carter Law Office Attorney at Law Post Office Box 3606 1395 Ridgewood Drive, Ste 300 16 Chico, California 95927 Chico, California 95973 17 William A. Ward James B. Berglund Attorney at Law Attorney at Law 18 9 Williamsburg Lane 1838 Feather River Blvd. Chico, California 95926 Oroville, California 95965 19 Charleton S. Pearse 20 McMurchie, Weill, Lenahan, Lee, Slater & Pearse, LLP 21 1030 Fifteenth Street, Suite 300 Sacramento, California 95814 22 23 3. I declare under penalty of perjury that the foregoing is true and correct, and that this declaration was executed on 24 January 30, 2006, at Chico, Butte Coun California. 25 26 LAW OFFICES 0P LISA R. MORTON & SCHWARZ, LLP CHRISTENSEN l Governors Lane Chico, California 95926 Phone: 530/345-5875 Fax: 550/3436454