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Richard L. Crabtree (SBN#148759)
H Law Offices of Richard L. Crabtree
1395 Ridgewood Drive, Suite 300
N
Chico,
(530)
CA 95973
566—1111
f “mg—wi‘éiigm‘giam 3‘
w
Fax: (530)
for
566-9203
Meline Rabo Inc. E m 32 2005
é
Attorney & Farms, I: v
m
SUPERIOR COURT CALIFORNIA
m
OF
COUNTY OF BUTTE
o
EDWARD RICHARD MELINE and Case No. 127180
CHARLENE M. MELINE, Trustees
under the Edward Richard Meline ANSWER OF CROSS—DEFENDANT
and Charlene M. Meline MELINE & RABO FARMS, INC. TO
Revocable Living Trust dated CROSS-COMPLAINT FOR PARTITION
December 30, 1992, AND DISSOLUTION OF CORPORATION
Plaintiffs,
VS.
JACK MELINE, SHARON MELINE,
DOROTHY MAY RABO, the testate
and intestate successors and
all persons claiming by,
through or under FRED A. RABO,
deceased, VIOLET ARLENE MELINE,
STEPHEN' MELINE IV, ROBERT J.
MELINE, NELDA F. JESSEE,
MELANIE G. EDGINGTON, the
testate and intestate
successors and all persons
claiming by, through or under
DAVID L. MELINE, MELINE & RABO
FARMS, INC., a California
corporation and DOES l through
20, inclusive,
Defendants.
/
AND RELATED CROSS—ACTION.
Answer of Cross—Defendant Meline & Rabo Farms, Inc. to Cross-Complaint for
Partition and Dissolution of Corporation
l
Cross—Defendant MELINE & RABO FARMS, INC. (“Corporation”)
responds to the Cross—Complaint for Partition and Dissolution of
Corporation (“Cross—Complaint") filed.herein on or about December 27,
2005, as follows:
l. Cross—Defendant Corporaticxlgenerally'denies each.and.every
allegation contained in the unverified Cross—Complaint in Paragraphs
1—12.
2. Cross—Defendant Corporation. has and owns an equitable
interest in the real property described in the Cross—Complaint.
Cross—Defendant Corporation has had, and continues to have, a
leasehold interest in the real property'and has leased and farmed the
real property for a number of years. In addition, improvements and
fixtures on the subject real property are owned by the Corporation,
including, but not limited to, buildings, hulling facilities, wells,
pumps, irrigation systems, trees, hullers, farm equipment, etc.
Cross—Defendant Corporation asserts and claims entitlement to
reimbursement for lOO percent of the value of the Corporation’s
interests in the subject real property, leasehold interests in the
subject real property, and fixtures, improvements, and equipment.
AFFIRMATIVE DEFENSES TO EACH AND EVERY CLAIM
OR CAUSE OF ACTION
FIRST AFFIRMATIVE DEFENSE
l. The Cross—Complaint fails to state a claim or cause of
action upon which relief may be granted.
SECOND AFFIRMATIVE DEFENSE
2. The Cross-Complaint fails to accurately or fully disclose
or describe Defendant Corporation’s ownership interest in.the subject
real property, including, without limitation, fixtures, improvements,
Answer of Cross—Defendant Meline & Rabo Farms, Inc. to Cross—Complaint for
Partition and Dissolution of Corporation
2
equipment, leasehold interests, etc.
WHEREFORE, Cross—Defendant Corporation prays as follows:
l. That no partition by sale of the property be had, and that
Cross—Complainants take nothing’ by' way' of their‘ Cross—Complaint
herein;
2. That in the event the Court decrees partition of the
property, that Cross—Defendant Corporation.be allotted.the full value
of its interests as claimed and set forth herein;
3. That no dissolution of the Corporation be had and that
Cross—Complainants take nothing by way of their Cross—Complaint
herein;
4. For costs of suit incurred herein;
5. For reasonable attorney’s fees incurred.in this action; and
6. For such other and further relief as the Court deems
proper. ,x/i:s
LAW OFFICES/ Q
DATED: J—
RIQHARD- . CRABTREE
1/] «f// ’'g
/,,/Il:./"// /’/.::'// Ja/r)
..
/// "’
/‘
,Rich L. Crabtree,
Ede)pf6r Meline,&4?§boFarms, Inc.
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Answer of Cross—Defendant Meline & Rabo Farms, Inc. to Cross—Complaint for
Partition and Dissolution of Corporation
3
Proof of Service
I am a citizen of the United States and employed in the County
of Butte; I am over the age of eighteen years and not a party to the
within action. My business address is 1395 Ridgewood Drive, Suite
300, Chico, California 95973. I am readily familiar with the practice
for collection.and.processing'of correspondence/documents for'mailing
with the United States Postal Service and that said
correspondence/documents are deposited.with the United States Postal
Service in the ordinary course of business on the same day.
On February 2, 2006 I served the within: Answer to Cross—
Complaint on the parties below by placing a true copy thereof in a
sealed envelope and served same on the parties/counsel, addressed as
follows:
John Jeffrey Carter
Carter Law Office
329 Flume Street
PO Box 3606
Chico, CA 95927
Nels Christensen
Christensen & Schwarz, LLP
l Governors Lane
Chico, CA 95926
James Berglund
1838 Feather River Blvd
gQMAUJNF—‘OOOOQONMLUJNH
Oroville, CA 95965
Charleton Pearse
Vicki Hartigan
McMurchie, Weill, et al.
1030 Fifteenth St, Ste 300
Sacramento, CA 95814
William Ward
9 Williamsburg Lane
Chico, CA 95926
The following is a procedure in which service of this document was
effected:
XXXX U.S. Postal Service (by placing for collection and deposit
in the United States mail a copy of said document at 1395
Ridgewood Drive, Suite 300, Chico, California 95973, in a
sealed envelope, with postage full prepaid).
and
I declare
correct
declaration
under
was
under
the
executed
penalty
laws
on
of
of
the
February
perjury
State
2,
that the foregoing
and th
's
t t
/nia.
ue
his
j/yyézsalif
/}%1California
Answer of Cross—Defendant Meline & Rabo
/ WARM
Farms;"“Inc.
XMéLaXéEi/my
to Cross—Complaint for
Partition and Dissolution of Corporation
4
Preview
Richard L. Crabtree (SBN#148759) H Law Offices of Richard L. Crabtree 1395 Ridgewood Drive, Suite 300 N Chico, (530) CA 95973 566—1111 f “mg—wi‘éiigm‘giam 3‘ w Fax: (530) for 566-9203 Meline Rabo Inc. E m 32 2005 é Attorney & Farms, I: v m SUPERIOR COURT CALIFORNIA m OF COUNTY OF BUTTE o EDWARD RICHARD MELINE and Case No. 127180 CHARLENE M. MELINE, Trustees under the Edward Richard Meline ANSWER OF CROSS—DEFENDANT and Charlene M. Meline MELINE & RABO FARMS, INC. TO Revocable Living Trust dated CROSS-COMPLAINT FOR PARTITION December 30, 1992, AND DISSOLUTION OF CORPORATION Plaintiffs, VS. JACK MELINE, SHARON MELINE, DOROTHY MAY RABO, the testate and intestate successors and all persons claiming by, through or under FRED A. RABO, deceased, VIOLET ARLENE MELINE, STEPHEN' MELINE IV, ROBERT J. MELINE, NELDA F. JESSEE, MELANIE G. EDGINGTON, the testate and intestate successors and all persons claiming by, through or under DAVID L. MELINE, MELINE & RABO FARMS, INC., a California corporation and DOES l through 20, inclusive, Defendants. / AND RELATED CROSS—ACTION. Answer of Cross—Defendant Meline & Rabo Farms, Inc. to Cross-Complaint for Partition and Dissolution of Corporation l Cross—Defendant MELINE & RABO FARMS, INC. (“Corporation”) responds to the Cross—Complaint for Partition and Dissolution of Corporation (“Cross—Complaint") filed.herein on or about December 27, 2005, as follows: l. Cross—Defendant Corporaticxlgenerally'denies each.and.every allegation contained in the unverified Cross—Complaint in Paragraphs 1—12. 2. Cross—Defendant Corporation. has and owns an equitable interest in the real property described in the Cross—Complaint. Cross—Defendant Corporation has had, and continues to have, a leasehold interest in the real property'and has leased and farmed the real property for a number of years. In addition, improvements and fixtures on the subject real property are owned by the Corporation, including, but not limited to, buildings, hulling facilities, wells, pumps, irrigation systems, trees, hullers, farm equipment, etc. Cross—Defendant Corporation asserts and claims entitlement to reimbursement for lOO percent of the value of the Corporation’s interests in the subject real property, leasehold interests in the subject real property, and fixtures, improvements, and equipment. AFFIRMATIVE DEFENSES TO EACH AND EVERY CLAIM OR CAUSE OF ACTION FIRST AFFIRMATIVE DEFENSE l. The Cross—Complaint fails to state a claim or cause of action upon which relief may be granted. SECOND AFFIRMATIVE DEFENSE 2. The Cross-Complaint fails to accurately or fully disclose or describe Defendant Corporation’s ownership interest in.the subject real property, including, without limitation, fixtures, improvements, Answer of Cross—Defendant Meline & Rabo Farms, Inc. to Cross—Complaint for Partition and Dissolution of Corporation 2 equipment, leasehold interests, etc. WHEREFORE, Cross—Defendant Corporation prays as follows: l. That no partition by sale of the property be had, and that Cross—Complainants take nothing’ by' way' of their‘ Cross—Complaint herein; 2. That in the event the Court decrees partition of the property, that Cross—Defendant Corporation.be allotted.the full value of its interests as claimed and set forth herein; 3. That no dissolution of the Corporation be had and that Cross—Complainants take nothing by way of their Cross—Complaint herein; 4. For costs of suit incurred herein; 5. For reasonable attorney’s fees incurred.in this action; and 6. For such other and further relief as the Court deems proper. ,x/i:s LAW OFFICES/ Q DATED: J— RIQHARD- . CRABTREE 1/] «f// ’'g /,,/Il:./"// /’/.::'// Ja/r) .. /// "’ /‘ ,Rich L. Crabtree, Ede)pf6r Meline,&4?§boFarms, Inc. lit/t:}> (// Answer of Cross—Defendant Meline & Rabo Farms, Inc. to Cross—Complaint for Partition and Dissolution of Corporation 3 Proof of Service I am a citizen of the United States and employed in the County of Butte; I am over the age of eighteen years and not a party to the within action. My business address is 1395 Ridgewood Drive, Suite 300, Chico, California 95973. I am readily familiar with the practice for collection.and.processing'of correspondence/documents for'mailing with the United States Postal Service and that said correspondence/documents are deposited.with the United States Postal Service in the ordinary course of business on the same day. On February 2, 2006 I served the within: Answer to Cross— Complaint on the parties below by placing a true copy thereof in a sealed envelope and served same on the parties/counsel, addressed as follows: John Jeffrey Carter Carter Law Office 329 Flume Street PO Box 3606 Chico, CA 95927 Nels Christensen Christensen & Schwarz, LLP l Governors Lane Chico, CA 95926 James Berglund 1838 Feather River Blvd gQMAUJNF—‘OOOOQONMLUJNH Oroville, CA 95965 Charleton Pearse Vicki Hartigan McMurchie, Weill, et al. 1030 Fifteenth St, Ste 300 Sacramento, CA 95814 William Ward 9 Williamsburg Lane Chico, CA 95926 The following is a procedure in which service of this document was effected: XXXX U.S. Postal Service (by placing for collection and deposit in the United States mail a copy of said document at 1395 Ridgewood Drive, Suite 300, Chico, California 95973, in a sealed envelope, with postage full prepaid). and I declare correct declaration under was under the executed penalty laws on of of the February perjury State 2, that the foregoing and th 's t t /nia. ue his j/yyézsalif /}%1California Answer of Cross—Defendant Meline & Rabo / WARM Farms;"“Inc. XMéLaXéEi/my to Cross—Complaint for Partition and Dissolution of Corporation 4