Preview
CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name. i and
7r number, FOR COURT USE ONLY
WILLIAM A. WARD (SEN 3 7 o 5 9)
—
LAW OFFICE 0F WILLIAM A. WARD
#9 Williamsburg Lane
“BARE Count
Chico, California 95926 Superior CoUrt F
(5 3 o)
TELEPHONE No.:
EMAIL ADDRESS (Optional):
342-2225 FAx No. (Optional):
(5 3 0 )342-7920 5
/
STEPHEN
ATrORNEY FOR (Name): MELINE IV et a1 .
SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE
STREEr ADDRESS:6 55 Oleander Avenue
655
MAILING ADDRESS: Oleander Avenue
Chico ,
CITY AND ZIP CODE: CA 9 5 92 6
BRANCH NAME:
PLAINTIFF/PETITIONER: MELINE , et al .
DEFENDANT/RESPONDENT: MELINE , et a1 .
AMENDED CASE MANAGEMENT STATEMENT CASE NUMBER:
(Check one): UNLIMITED CASE . E LIMITED CASE 1271 8 O
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: 9-8-06 Time: 10 : 3O a.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.
1. Party or parties (answer one):
a. E This statement is submitted by party (name):
b. This statement is submitted jointly by parties (names): Violet Arlene Meline, Stephen Meline IV,
Robert J. Meline, Nelda F. Jessee and Melanie G. Edgington
2. Complaint and cross-complaint (to be answered by plaintiffs and croSs-comp/ainants only)
a. The complaint was led on (date): March 6, 2 002
b. The cross-complaint, if any, Was led on (date): February 3 , 2 003 , and on December 27 , 2 005 .
3. Service (to be answered by plaintiffs and cross-complainants only)
a. All parties named in the complaint and cross-complaint have been served. or have appeared, or haveibeen dismissed.
b. E The following parties named in the complaint or cross-complaint
(1) E 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) E have had a default entered against them (specify names):
c. The following additional parties may be added (specify names, nature ofinvo/vement 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 ofaction):
The complaint seeks partition of Orchard real property and injunctive relief.
The first cross—complaint seeks partition of Range real property. The recent
cross—complaint seeks partition of a rice ranch,dissolution of the Corporation
and related causes of action.
Page1of 4
O
Form Adopted for Mandatory Use
CASE MANAG EMENT STATEMENT fC
Cal. Rul e s
rt,
Judida‘ Como" of Calomla
CM-1 10 [Rev. January 1. 2005] @EB °mle°g12
CASE ”UMBER:
PLAINTIFF/PETITIONER: MELINE, et a1.
127180
_DEFENDANT/RESP0NDENT:MELINE, et a1.
4. b. Provide a brief statement of the case, including any damages. (prersona/ injury damages are sought, specify the injury and
damages claimed, including medical expenses todate [indicatesource and amount], estimated futuremedical expenses, lost
earnings to date, and estimated future lost earnings. If equitable relief is sought, describe the nature of the relief.)
This partition action involves three separate ranches. The complaint involves
orchard land and the cross- complaints involve range land and rice land.v Some but
not 100% of the parties have common ownership in the ranches. A family Corporation
will be dissolved. An accounting will be required as part of the dissolution
process. The most recent cross- complaint alleges misuse of Corporation assets.
Appraisals have been started. The survey work necessary for partition cannot go
forward without appraisals. Issues awaiting the appraisals will likely require
trial.
E (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 a jury trial a nonjury trial
'
(ifmore than one party, provide the name of each party
requesting a jury tn'al):
Trial date
a. The trial has been set for (date). not
b. No trial date has been set. This case will/be. ready for trial within ‘12 months of the date of the ling
of the complaint (if
not, explain): This case will require more than 12 months for preparation.
c. dates and explain reasons for unavailability):
Dates on which parties or attorneys will not be available for trial (speci/
Estimated length of trial
The party or parties estimate that the trial will take (check one):
a. days (specify number): Two (2) weeks .
b. hours (short causes) (specify):
Trial representation (to be answered for each party)
The party or parties will be represented at trial bythe in the caption
attorney or party listed by the following:
‘
Attorney: William A. Ward q
Firm: LAW OFFICE OF WILLIAM A. WARD
Address: 9 Williamsburg Lane , Chico , I
CA 95926
Telephone number: (530) 342—2225
Fax number: (530) 342-7920
E- mail address: n/a
Party represented. The Stephen Meline IV Family
Additional representation is describedIn Attachment 8.
-
Preference
This case Plaintiff
is entitled to preference (specify code section). has requested preference.
10. Alternative Dispute Resolution (ADR)
a. Counsel has has not provided theADR information package identied in rule201.9 to the client and has
reviewed ADR options with the client. -
b. All parties have agreed to a form of ADR. ADR will be completed by (date):
c. The case has gone to an ADR process (indicate status): Mediation, settlement not reached.
CM-110 [Rev. January 1, 2005] Page 2 of4
CASE MANAGEMENT STATEMENT
@EB
PLAINTIFF/PETITIONER:MELINE, u a1,
Ase NUMBER:
127180
_DEFENDANT/RESPONDENT:MELINE, et al.
10. d. in(check all that apply):
The party or parties are willing to participate
1() Mediation _
(2) Nonbinding judicial arbitration under Code of Civil Procedure section 1141 12 (discovery to close 15 days before
arbitration under Cai. Rules of Court, rule 1612)
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) Binding judiciaI arbitration
(5) E Binding private arbitration
(6) Neutral case evaluation
(7) Other (specify): A referee has been appointed under Code of Civil Procedure
Section 644(b).
e. This matter is subject to mandatoryjudicial arbitration because the amount in controversy does not exceed the statutory limit.
f. E in Code of Civil
Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount specied
Procedure section 1141 .1 1.
g. E This case is exempt from judicial arbitration under rule 1601 (b) of the California Rules of Court (specify exemption):
11. Settlement conference
- At
The party or parties are willing to participatein an early settlement conference (specify when): any time.
12. Insurance
a. E this statement (name).
Insurance carrier, if any, for party ling
b. Reservation of rights: Yes _No
c. Coverage issues will signicantly 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.
Bankruptcy - Other (specify): Reference under Code of Civil Procedure Section 644(b).
Status:
14. Related cases, consolidation, and coordination
a. E 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. A motion to consolidate coordinate will beled by (name patty):
15. Bifurcation
The party or parties intend to lea motion for an order bifurcating, severing, or coordinating the followingissues or causes
of
action (specily moving party, type of motion, and reasons).
16. Other motions
The party or parties expect to lethe following motions before trial (specify moving party, type ofmotion, and issues):
CM~110 [Rev. January 1. 2005]
CASE MANAGEMENT STATEMENT Page 3 of4
CEB
PLAINTIFF/PETITIONER:MELINE,
v
et a1. CASENUMBER‘
_ 127180
DEFENDANT/RESPONDENT:MELINE, et a1.
17 Discovery
a. E The party or parties have completed all discovery
b. - The following discovery will be completed by the date specied (descn'be all anticipated discovery):
Pam ~
Description Date
Defendant and Discovery is anticipated in regard June 2007
Cross—Complainants to the land division and appraisals
regarding all ranches. Also,
discovery will be required in respect
to the dissolution of the Corporation
and anticipated accounting issue.
c. The following discoveryissues are anticipated (specify): Use and alleged mis—use of Corporation
assets; value of real property; contributory value of land improvements paid
for by the Corporation; easement and access rights; accOunting.
'
18. Economic Litigation '
a. E This is a limited civil case the
(i.e., 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 led (if checked, explain specicallywhy economic litigation procedures relating to discovery or tn'al
should not apply to this case):
19. Other issues
The party or parties request that the following additional matters be consider'ed or determined at the case
management
conference (specify): Please see Attachment 19 .
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 (ifnot, explain):
Rules of Court, the parties agree on the following
b. After meeting and conferring as required by rule 212 of the California
(specify):
21. Case management orders
Previous case management orders in this case are (check one): none E attached as Attachment 21.
22. Total number of pages attached (ifany):
l 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 theseIssues at the time of the case
‘
management
conference including the written authority of the party where required.
Date:August l6, 2006 .
William A. Ward
(TYPE OR PRINT NAME)
t
.
ta )Wm aw
(SIGNATURE OF PARTY OR ATTORNEY)
D
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
E Additional signatures are attached
[Rel January 1. 2005]
CM-1 10
CASE MANAGEMENT STATEMENT Page 4 0f 4
@EB
Meline, et al. v. Meline, et al.
Butte County Superior Court Case No. 1271 80
ATTACHMENT l9. --
CASE MANAGEMENT STATEMENT
Hearing: September 8, 2006
OTHER ISSUES TO BE RESOLVED AT CASE MANAGEMENT CONFERENCE:
An appraisal rm has been appointed by the Referee. One appraisal has been submitted for
all parties to review and, if applicable, to contest. Receipt of the two (2) remaining appraisals is
anticipated within sixty (60) days.
A survey and engineering rm has also been appointed and is on standby. This rm will not
be able to proceed with surveying any division until a determination of divided interests has been
made.
Physical division into equal parcels of the three 2(3) ranches has yet to be determined. One
owner wishes to sell and not receive land. This raises a multitude of issues that need to be resolved
before physical division can occur.
Raised by the second cross-complaint are issues which will necessitate an accounting, that
is, the claims alleging misappropriation ofCorporation assets. Also, the accounting will ofnecessity
be required to accomplish dissolution ofthe Corporation and distribution of assets.
Unless compromise is reached, it is anticipated that at least the following dispute will be tried
before the Referee:
l. Physical division;
2. Corporation contributions and entitlement to reimbursement;
3. Misuse of Corporation assets;
4. Accounting for dissolution.
The undersigned respectfully submits that it is highly unlikely that the above matters can be
resolved within the next 12 months.
Attachment l9.
'
— Case Management Statement
'
Page 1 of 1.
PROOF 0F 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 August 2006, I served foregoing document(s) described as:
Amended Case Management Statement
on the parties/counsel, addressed as follows:
John Jeffe Carter, Es . Richard L. Crabtree
CARTER AW OFFIC Attorney at Law
P. O. Box 3606 1395 Rldgewood Drive, Suite 300
Chico, CA 95927-3606 Chico, CA 95973
10
Nels A. Christensen, Es . James B. Berglund
11 CHRISTENSEN & SCH ARZ, LLP Attorney at Law
1 Governors Lane 1838 Feather River Boulevard
CA 95926 CA 95965
A. WARD
12 Chico, Oroville,
CHICO, CALIFORNIA 95926
A PROFESSIONAL CORPORATION
#9 WILLIAMSBURG LANE
STATE BAR NO. 37059
0F
13 .
Courtesy C0 to:
(530) 342-2225
LA w OFF/CE
Charleton S. Pearse, Referee, The onorable Noel Watkins
14 LENAHAN, LEE, SLA
EsqT ER & PEARSE, LLP Jud e of the Superior Court, Retired
WILLIAM
1030 Fifteenth Street, Suite 300 P. . Box 33
15 Sacramento, CA 95814 Red Bluff, CA 96080
16
The following is the procedure in which service‘ of this document was effected.
17
X U.S. Postal Service (placing such envelope(s) with postage thereon fully prepaid in the
18 designated area for outgoing mail in accordance with this ofce’s practice, whereby the
mail is deposited in the United States mailbox in the City of Chico, California, after the
19 close of the day’s business)
Federal Express
20 Facsimile
I
21
I declare under penalty of perjury under the laws of the State of California that the
22
foregoing is true and correct, and that this document is executed on August 2006, at
23
Chico, California.
(4 n/Ia/I/l/k/
25 Leslie arron
26
Preview
CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name. i and 7r number, FOR COURT USE ONLY WILLIAM A. WARD (SEN 3 7 o 5 9) — LAW OFFICE 0F WILLIAM A. WARD #9 Williamsburg Lane “BARE Count Chico, California 95926 Superior CoUrt F (5 3 o) TELEPHONE No.: EMAIL ADDRESS (Optional): 342-2225 FAx No. (Optional): (5 3 0 )342-7920 5 / STEPHEN ATrORNEY FOR (Name): MELINE IV et a1 . SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE STREEr ADDRESS:6 55 Oleander Avenue 655 MAILING ADDRESS: Oleander Avenue Chico , CITY AND ZIP CODE: CA 9 5 92 6 BRANCH NAME: PLAINTIFF/PETITIONER: MELINE , et al . DEFENDANT/RESPONDENT: MELINE , et a1 . AMENDED CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): UNLIMITED CASE . E LIMITED CASE 1271 8 O (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: 9-8-06 Time: 10 : 3O a.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. 1. Party or parties (answer one): a. E This statement is submitted by party (name): b. This statement is submitted jointly by parties (names): Violet Arlene Meline, Stephen Meline IV, Robert J. Meline, Nelda F. Jessee and Melanie G. Edgington 2. Complaint and cross-complaint (to be answered by plaintiffs and croSs-comp/ainants only) a. The complaint was led on (date): March 6, 2 002 b. The cross-complaint, if any, Was led on (date): February 3 , 2 003 , and on December 27 , 2 005 . 3. Service (to be answered by plaintiffs and cross-complainants only) a. All parties named in the complaint and cross-complaint have been served. or have appeared, or haveibeen dismissed. b. E The following parties named in the complaint or cross-complaint (1) E 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) E have had a default entered against them (specify names): c. The following additional parties may be added (specify names, nature ofinvo/vement 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 ofaction): The complaint seeks partition of Orchard real property and injunctive relief. The first cross—complaint seeks partition of Range real property. The recent cross—complaint seeks partition of a rice ranch,dissolution of the Corporation and related causes of action. Page1of 4 O Form Adopted for Mandatory Use CASE MANAG EMENT STATEMENT fC Cal. Rul e s rt, Judida‘ Como" of Calomla CM-1 10 [Rev. January 1. 2005] @EB °mle°g12 CASE ”UMBER: PLAINTIFF/PETITIONER: MELINE, et a1. 127180 _DEFENDANT/RESP0NDENT:MELINE, et a1. 4. b. Provide a brief statement of the case, including any damages. (prersona/ injury damages are sought, specify the injury and damages claimed, including medical expenses todate [indicatesource and amount], estimated futuremedical expenses, lost earnings to date, and estimated future lost earnings. If equitable relief is sought, describe the nature of the relief.) This partition action involves three separate ranches. The complaint involves orchard land and the cross- complaints involve range land and rice land.v Some but not 100% of the parties have common ownership in the ranches. A family Corporation will be dissolved. An accounting will be required as part of the dissolution process. The most recent cross- complaint alleges misuse of Corporation assets. Appraisals have been started. The survey work necessary for partition cannot go forward without appraisals. Issues awaiting the appraisals will likely require trial. E (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 a jury trial a nonjury trial ' (ifmore than one party, provide the name of each party requesting a jury tn'al): Trial date a. The trial has been set for (date). not b. No trial date has been set. This case will/be. ready for trial within ‘12 months of the date of the ling of the complaint (if not, explain): This case will require more than 12 months for preparation. c. dates and explain reasons for unavailability): Dates on which parties or attorneys will not be available for trial (speci/ Estimated length of trial The party or parties estimate that the trial will take (check one): a. days (specify number): Two (2) weeks . b. hours (short causes) (specify): Trial representation (to be answered for each party) The party or parties will be represented at trial bythe in the caption attorney or party listed by the following: ‘ Attorney: William A. Ward q Firm: LAW OFFICE OF WILLIAM A. WARD Address: 9 Williamsburg Lane , Chico , I CA 95926 Telephone number: (530) 342—2225 Fax number: (530) 342-7920 E- mail address: n/a Party represented. The Stephen Meline IV Family Additional representation is describedIn Attachment 8. - Preference This case Plaintiff is entitled to preference (specify code section). has requested preference. 10. Alternative Dispute Resolution (ADR) a. Counsel has has not provided theADR information package identied in rule201.9 to the client and has reviewed ADR options with the client. - b. All parties have agreed to a form of ADR. ADR will be completed by (date): c. The case has gone to an ADR process (indicate status): Mediation, settlement not reached. CM-110 [Rev. January 1, 2005] Page 2 of4 CASE MANAGEMENT STATEMENT @EB PLAINTIFF/PETITIONER:MELINE, u a1, Ase NUMBER: 127180 _DEFENDANT/RESPONDENT:MELINE, et al. 10. d. in(check all that apply): The party or parties are willing to participate 1() Mediation _ (2) Nonbinding judicial arbitration under Code of Civil Procedure section 1141 12 (discovery to close 15 days before arbitration under Cai. Rules of Court, rule 1612) 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) Binding judiciaI arbitration (5) E Binding private arbitration (6) Neutral case evaluation (7) Other (specify): A referee has been appointed under Code of Civil Procedure Section 644(b). e. This matter is subject to mandatoryjudicial arbitration because the amount in controversy does not exceed the statutory limit. f. E in Code of Civil Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount specied Procedure section 1141 .1 1. g. E This case is exempt from judicial arbitration under rule 1601 (b) of the California Rules of Court (specify exemption): 11. Settlement conference - At The party or parties are willing to participatein an early settlement conference (specify when): any time. 12. Insurance a. E this statement (name). Insurance carrier, if any, for party ling b. Reservation of rights: Yes _No c. Coverage issues will signicantly 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. Bankruptcy - Other (specify): Reference under Code of Civil Procedure Section 644(b). Status: 14. Related cases, consolidation, and coordination a. E 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. A motion to consolidate coordinate will beled by (name patty): 15. Bifurcation The party or parties intend to lea motion for an order bifurcating, severing, or coordinating the followingissues or causes of action (specily moving party, type of motion, and reasons). 16. Other motions The party or parties expect to lethe following motions before trial (specify moving party, type ofmotion, and issues): CM~110 [Rev. January 1. 2005] CASE MANAGEMENT STATEMENT Page 3 of4 CEB PLAINTIFF/PETITIONER:MELINE, v et a1. CASENUMBER‘ _ 127180 DEFENDANT/RESPONDENT:MELINE, et a1. 17 Discovery a. E The party or parties have completed all discovery b. - The following discovery will be completed by the date specied (descn'be all anticipated discovery): Pam ~ Description Date Defendant and Discovery is anticipated in regard June 2007 Cross—Complainants to the land division and appraisals regarding all ranches. Also, discovery will be required in respect to the dissolution of the Corporation and anticipated accounting issue. c. The following discoveryissues are anticipated (specify): Use and alleged mis—use of Corporation assets; value of real property; contributory value of land improvements paid for by the Corporation; easement and access rights; accOunting. ' 18. Economic Litigation ' a. E This is a limited civil case the (i.e., 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 led (if checked, explain specicallywhy economic litigation procedures relating to discovery or tn'al should not apply to this case): 19. Other issues The party or parties request that the following additional matters be consider'ed or determined at the case management conference (specify): Please see Attachment 19 . 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 (ifnot, explain): Rules of Court, the parties agree on the following b. After meeting and conferring as required by rule 212 of the California (specify): 21. Case management orders Previous case management orders in this case are (check one): none E attached as Attachment 21. 22. Total number of pages attached (ifany): l 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 theseIssues at the time of the case ‘ management conference including the written authority of the party where required. Date:August l6, 2006 . William A. Ward (TYPE OR PRINT NAME) t . ta )Wm aw (SIGNATURE OF PARTY OR ATTORNEY) D (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) E Additional signatures are attached [Rel January 1. 2005] CM-1 10 CASE MANAGEMENT STATEMENT Page 4 0f 4 @EB Meline, et al. v. Meline, et al. Butte County Superior Court Case No. 1271 80 ATTACHMENT l9. -- CASE MANAGEMENT STATEMENT Hearing: September 8, 2006 OTHER ISSUES TO BE RESOLVED AT CASE MANAGEMENT CONFERENCE: An appraisal rm has been appointed by the Referee. One appraisal has been submitted for all parties to review and, if applicable, to contest. Receipt of the two (2) remaining appraisals is anticipated within sixty (60) days. A survey and engineering rm has also been appointed and is on standby. This rm will not be able to proceed with surveying any division until a determination of divided interests has been made. Physical division into equal parcels of the three 2(3) ranches has yet to be determined. One owner wishes to sell and not receive land. This raises a multitude of issues that need to be resolved before physical division can occur. Raised by the second cross-complaint are issues which will necessitate an accounting, that is, the claims alleging misappropriation ofCorporation assets. Also, the accounting will ofnecessity be required to accomplish dissolution ofthe Corporation and distribution of assets. Unless compromise is reached, it is anticipated that at least the following dispute will be tried before the Referee: l. Physical division; 2. Corporation contributions and entitlement to reimbursement; 3. Misuse of Corporation assets; 4. Accounting for dissolution. The undersigned respectfully submits that it is highly unlikely that the above matters can be resolved within the next 12 months. Attachment l9. ' — Case Management Statement ' Page 1 of 1. PROOF 0F 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 August 2006, I served foregoing document(s) described as: Amended Case Management Statement on the parties/counsel, addressed as follows: John Jeffe Carter, Es . Richard L. Crabtree CARTER AW OFFIC Attorney at Law P. O. Box 3606 1395 Rldgewood Drive, Suite 300 Chico, CA 95927-3606 Chico, CA 95973 10 Nels A. Christensen, Es . James B. Berglund 11 CHRISTENSEN & SCH ARZ, LLP Attorney at Law 1 Governors Lane 1838 Feather River Boulevard CA 95926 CA 95965 A. WARD 12 Chico, Oroville, CHICO, CALIFORNIA 95926 A PROFESSIONAL CORPORATION #9 WILLIAMSBURG LANE STATE BAR NO. 37059 0F 13 . Courtesy C0 to: (530) 342-2225 LA w OFF/CE Charleton S. Pearse, Referee, The onorable Noel Watkins 14 LENAHAN, LEE, SLA EsqT ER & PEARSE, LLP Jud e of the Superior Court, Retired WILLIAM 1030 Fifteenth Street, Suite 300 P. . Box 33 15 Sacramento, CA 95814 Red Bluff, CA 96080 16 The following is the procedure in which service‘ of this document was effected. 17 X U.S. Postal Service (placing such envelope(s) with postage thereon fully prepaid in the 18 designated area for outgoing mail in accordance with this ofce’s practice, whereby the mail is deposited in the United States mailbox in the City of Chico, California, after the 19 close of the day’s business) Federal Express 20 Facsimile I 21 I declare under penalty of perjury under the laws of the State of California that the 22 foregoing is true and correct, and that this document is executed on August 2006, at 23 Chico, California. (4 n/Ia/I/l/k/ 25 Leslie arron 26