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ATTORNEY 0R PARTY WITHOUT A1TORNEY(. barnumber, andaddmss): FOR COURT USE ONLY
JAMES B. BERGLUND (B31 ,r/ul45)
’Attomey at Law
1838 Feather River Blvd. Oroville, CA 95965
/ TELEPHONE N0
(530) 5-32 1099 FAX “0- (OWNED
(530) 532- 1002
E-MAIL ADDRESS (Optional):
Plains
ATTORNEY FOR (Name).
utte Coun
BUTTE F
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SUPERIOR COURT OF CALIFORNIA. COUNTY OF
STREET ADDRESS:655 Oleander Avenue I
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MAIUNG ADDRESS:
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cm ANDup cone Chico 95926
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BRANCH NAME. ~.
PLAINTIF'F/PETITIONER:
MELINE et a1
DEFENDANT/RESPONDENT: NELINE, ct a1. ,
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CASE MANAGEMENT STATEIvlENT a
CAS'E’NUMBERV
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(Check one):
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UNLIMITED CASE LIMITED CASE I A
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(Amountdemanded U
(Amount demanded is $25,000 1271 80 (AXBXC)
exceeds $25,000) orless) . . .
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A CASE MANAGEMENT CONFERENCE is Scheduled as follows: I
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Date: 9 / 8 / 06 ,
me: 10:30 a.m. I
Dept; TBA .
Div.:V
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Room:
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Address ofoo'un fdifremntfmm the address above): ~ - ~ ~
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INSTRUCTIONS. All boxes mast be‘ checked, and the specled Informaon be provided.
appllCable mUst
1 . Party or parties (answer One):
a [i] ”msmmmm“5&mmmm“WP”W0mmw Meline JefferS
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b. E Randall
This statementI's submitted jointly by parties (names): tru
C.
S te e S of
and
the
Daniel
Me 11ne Irr evo
as
c ab1 e
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Trust #2 Dated (RANQE LAND
onl
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and )12/30/92
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ADOBE
2. .Compiaint and cross-Complaint (to be answered by plaintiffs and
cross-complainants only
D. E
The complaint waSIled
The
on (date):
cross-cOmplalnt,
if any, was led on (date):
3. Service (to be answered byplainti's and moss-complainants only)
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a. m All namedIn the complaint and cross- complaint have been served. or have appeared or have been
b. E parties
The following parties namedIn the complaint or cross-complaint
dismissed.
E have not been served (specify names and explain why not):
E
(1)
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(2) have been Served but have not and have not been dismissed (specifynames):
E
appeared
(3) have had a entered against them
default (specifynames):
C E The following additional parties may be added
they may be served).
(Specify
names, nature OfinvolvementIn case, and the date by which
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4. Description ofcase
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Type of casein complaint cross-complaInt (describe, including causes ofaction):
Complaint and severed cross-complaint seek partition of and ranch
lands, preliminary
and perminent restraining orders.
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agricultural
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Page 1 014
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CASE MANAGEMENT STATEMENT .
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eatWe
$331;
CM 11o
[NewJay 12m '
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. Wutf'Aulomated CallfarniaJudictal Council Farms
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PLAINTIFF/PETITIONER: MEL NUMBER
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127180 (AXBXC)
BEFEN-DANT/RESPONDENT: MELINE, et a1_ _ l
4. b, Provide a brief statement of the case including any damages. (lfpersona/ injury damages are sought, specify the injury and
damages claimed, including medical expenses to date ndicate source and amount], estimated future medical expenses, lost
earnings to date, and estimated future lost eamings lfequitable reliefis sought, describe the nature of the relief.)
These matters consist of two separate and severed actions to partition family owned properties,
one commonly referred to as the orchard land, the other commonly referred to as the range land,
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and the last referred to as the Adobe. The orchard land properties 'have been in contention for a
number of years and are, with updated‘appraisals, close to being ready for mediated settlement or
trial. The range land and Adobe actions will require survey and appraisal work, which
extensive
has not started.
E (/fmore space is needed, check this box and attach apage designated as Attachment 4b.)
5. Jury or nonjury trial
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The party or parties request E a jury, trial a nonjury trial
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(ifmore than one party, provide the name ofeach party
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requesting a jury trial):
6. ‘Triadate
.3 The trial has been set for (date)
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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, 9XP’6W' As noted 1n 4.b., the partition of the range land has not yet begun. Appraisers
. . and numerous comp lex 1ssues need to be addressed befOre the cases are ready for trial.
c. legal
Dates on which parties or attorneys wil ot be
available
for trial (specify dates and explain reasons for unavailability)
November 2006 (2 Butte County J. T. ); 2/26/07- 3/15/06
J. T.
(Butte County J. T. );
4/23/07— 5/25/06 (Butte County J. T. /Glenn
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7. Estimated of trial
County
length
The party or parties estimate that the trial will take (check one):
a.‘ days (specifynumber): 10
b. E hours (short causes) (specify):
8. Trial representation (to be answered for each party '
The party or parties will be represented at trial
i by the
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attorney or partylisted in thecaption
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by the fellowing: ‘
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‘P—‘ceeop'e
Attorney:
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Firm:
Address:
Telephone number:
Fax number:
‘E- mail address.
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E Party represented.
Additional representation'Is described'In Attachment 8.
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9. Preference
case is to preference (specify code section).
This entitled
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10. Alternative Dispute Resolution (ADR) ‘
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a. Counsel has has not provided the ADR information package in rule 201 .9 to and has
the client
identied
reviewed ADR options with the client.
b. mAllparties haveagreedtoaformofADR. ADRwillbecompletedby(date). Mediation has Ibeennattempte
EThecasehasgonetoanADRprocess (indicatestatus): All Parties believed a settlement was
imm1nent. iThat however has fallen apart. No separate settlement
CM- 11o [New .IuIy 1 2002]
CASE M NAGEMENT STATEMENT PageZoM
negOtiations haVe been un ertaken as they LaunammummaredCarr/amIaJudIcIaIcmcrrrram
relate to the range land.
"CASE NUMBER‘
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PLAINTIFF/PETITIONERzMEL. c a1.
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127180 (A)(B)(C)
_DEFENDANT/RESP0NDENT‘: MELINE, et a1.
10. d. in
The party or parties are willing to participate(check all that apply):
Mediation
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(1) _ _
1141 .12 (discovery to close 15 days before
(2) Nonbinding judicial arbitration under Code of Civil Procedure section
arbitration under Cal. Rulesof Court, rule1612)
(3) E Nonbinding judicial under
arbitration 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) D Bindingjudicial arbitration
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(5) E Binding private arbitration
(6) D Neutral case evaluation
(7) E Other (specify):
e. E This matter is subject to mandatoryjudioial arbitration because the amount in controversy does not exceed the statutory
limil
f. E and agrees to limit recovery to the amount specied
Plaintiff elects to referthis case to judicial arbitration
Procedure section 1141 .1 1. .
in Code of Civil
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g. This case is exempt from judicial arbitration under rule 1600.5 of the California Rules of Court (specifyexemption):
11. Settlement conference ‘
The early settlement conference (specify when):
party or parties are willing to participate in an
At mutual convenience. ~
12. Insurance
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a. this statement (name):
Insurance carrier, if any, for party ling
b. Reservationof rights:
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E Yes E No
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c. E Coverage issues will signicantly affect resolution of this case (explain):
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Jurisdiction
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13.
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or processing of this case, and describe the status.
Indicate any matters that may affect the court's jurisdiction
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Other (specify):
Status:
14. Related cases, consolidation, and coordinaon
a. There are companion, underlying. or related cases.
(1) Name of case: .
(2) Name of court:
(3) Case number: 1271 80 (B) (C)
Statusz.
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E Additional cases are described in Attachment 14a. ,
b. E A motion to E consolidate E coordinate .~will be led by (name party):
15. Bifurcation
The party or parties intend to lea motion for an order bifurcating, severing, or coordinating the following issues or causes of
action (specify moving party,.type ofmgtion, and reasons): The range land and orchard have been previously
severed. These Defendants will move the partition of the range land- om that of the Adobe.
to sever
16. Other motions
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The party or parties expect to lethe following motions before trial (specify moving party, type ofmotion, and issues):
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Unknown.
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CASE MANAGEMENT STATEMENT LeersNaxls'Auromaled Califamla Judicial Council Fonnx
CASE NUMBER:
PLAINTIFF/PETITIONER: MELINE , et a1 .
DHEMMNMEgmNmmr MELINE. et 81, 127180(A)(B)(C)
17. Discovery
a. The party or parties have completed all discovery.
b. D (describe all anticipated discovery):
The following discovery will be completed by the date specied
Date
Party Description
Extensive discovery with new appraisals and surveying will
need to be done before the case regarding the range land and
Adobe partitions will be ready for trial. The parties are
actively involved in the appraisal process with Judge Watkins.
c. E The following discovery issues are anticipated (specify):
Economic Litigation
18.
a. E thiscase.
of Civil Procedure sections 90 through 98 will apply to
in Code
This is a limited civil case (i.e.. the amount demanded is $25,000 or less) and the economic litigation procedures
b. D This
why
(if checked, explain specically economic procedures
litigation relatingto
or for additional
is a limited civil case and a motion to withdraw the case from the economic litigation procedures
discoveryor trial
discovery will be led
should not app/y to this case):
19. Other issues
E the case management
The party or parties request that the following additional matters be considered or determined at
conference (specify):
20. Meet and confer
a. m The party
Court
ofthe California Rules of
or parties have met and conferred with all parties on all subjects required by rule 212
(if not, explain):
as required by rule 212 of the California Rules of Court, the parties agree on the following
b. After meeting and conferring
(specify):
21. Case management orders
Previous case management orders in this case are (check one): E none attached as Attachment 21.
22. Total number of pages attached (if any):
and ADR, as well as other issues
am completely familiar with this case and will be fully prepared to discuss the status of discovery
the time of the case management
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and
raised by this statement. willpossess the to
authority enterinto on
stipulations these issues at
conference, including the written authority of the party where required.
DamgAugust23,2006
JAMES B. BERGLUND
(TYPE 0R PRINT NAME)
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(:j e0 m PAWOR
(SIGNATURE 0F
A Q/V/
Anotr)
t
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
Additional signatures are attached
°ll"‘°‘R°V'Ja"“a““-2°°51 CASE MANAGEMENT STATEMENT Ammm 27:51:54
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PROOF OF SERVICE BY MAIL
(CCP §§ 1013a & 2015.5)
I declare that:
I am'employed in the County of Butte, State of California, and my business address is 1639
Bird Street, Oroville, California; I am over the age of eighteen years and not a party to the within
entitled cause; I am
familiar
with this rm's practice of collection and processing correspondence
for mailing with the United States Postal Service pursuant to which practice all correspondence will
be deposited with the United States Postal Service the same day in the ordinary course of business.
On August 24, 2006, I served the CASE MANAGEMENT STATEMENT on the parties in
10 said cause by placing a true copy thereof enclosed in a sealed envelope addressed as follows and
11 placed each for collection and mailing following ordinary business practices:
12 WILLIAM A. WARD, Esq. CHARLETON S. PEARSE, Esq.
9 Williamsburg Ln. McMurchie, Weill, Lenahan, Lee, Slater
13 Chico, CA 95926 & Pearse
1030 15‘“ St., Ste. 300
14 JOHN JEFFERY CARTER, Esq. Sacramento, CA 958 14
P.O. Box 3606
15 Chico, CA 95927-3606
16 NELS A. CHRISTENSEN, Esq.
CHRISTENSEN & SCHWARZ, LLP
17 1Governors Lane
Chico, CA 95926
18
RICHARD L. CRABTREE, Esq.
19 Law Ofces of Richard L. Crabtree
1395 Ridgewood Drive, Ste. 300
20 Chico, CA 95973
21 I declare under penalty of perjury un'der the laws ofthe State of California that the foregoing
22 is true and correct, and that this declaration was executed thq Fday ofAugust, 2006 at Oroville,
1mm
'23 California.
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MELISSA DOLBEE
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