Preview
CM-410
. mercer ‘Bar number, and address) FOR COURT USE ONLY
[Charieton Ss. Pearse, SBN 122491
Jeana B. Pipkin, SBN 208915
Lenahan,
1030
Lee, Slater & Pearse, LLP
Sth Street, Suite 300
wv
Sacramento, CA 95814 Butte County
TREPHONENO: (916) 443-1030 FAX NO. (Optional (916) 443-0869
E-MAIL ADOKESS (Optionay Mary Ann Rabo Schweiger, Frederick Rabo, Superior Court
ATTO RNY FOR (ame: Ronald Rabo, Michael Rabo Susan Miller
SUPERIOR COURT OF CALIFORNIA, COUNTY OF Butte
streev Atress:655 Oleander Avenue
25 2007
Se
ManinG Atress:655 Oleander Avenue
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| Strick) dCler|
erry an ze coe: Chico, CA 95926
BRANCH NAME: By. Dep
PLAINTFF/PETITIONER: Edwar@d Richard Meline, et al.
IDEFENDANT/RESPONDENT:
Jack Meline and Sharon Meline, et al
CASE MANAGEMENT STATEMENT
Cx] uNumiITteD case
CASE NUMBER: rey
(Check one): (] umitep case
(Amount demanded (Amount demanded is $25,000 127180
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: February 9, 2007 Time:10:30 a.m. Dept.: CO9 Div.: Room:
Address ol court (if different from the address above):
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
Party or parties (answer one):
a. (1) This statement is submitted by party (name):
b. LX] This statement is submitted jointly by parties (names): Ronald Rabo, Susan Miller, Michael
Rabo, Mary Ann Rabo Schweiger and Frederick Rabo
Complaint and cross-complaint (fo be answered by plaintiffs and cross-complainants only)
a The complaint was filed on (date):
b. X_| The cross-compiaint, if any, was filed on (date): December 27, 2006
Service (fo be answered by plaintiffs and cross-complainants only)
a. Xj All parties named in the complaint and cross-complaint have been served, or have appeared, or have been dismissed.
b. [7] The following parties named in the complaint or cross-complaint
(a) [1] 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) [777 have had a default entered against them (specify names):
c. [] The following additional parties may be added (specify names, nature of involvement in case, and the date by which
they may be served):
Description of case
a. Type of case in CX] compiaint X_} cross-complaint (describe, including causes of action):
The complaint seeks partion of the real property and an. injunction; The
cxoss-complaint seeks to partition an additional parcel of real property.
He
Page 1 of
Form Adopted for Mandatory Use Cal Rules of Coun,
Judicial Council of California CASE MANAGEMENT STATEMENT ules 3720-3.730
(CM-110 (Rev. January 1, 2007]
e @ CM-110
PLAINTIFF/PETITIONER: Edward Richard Meline, et al. CASE NUMBER:
|DEFENDANT/RESPONDENT:Jack Meline and Sharon Meline, et al. 127180
4. be Provide a brief statement of the case, including any damages. (/f personal injury damages are sought, specify the injury and
damages claimed, including medical expenses to date [indicate source and amount], estimated future medical expenses, lost
eamings to date, and estimated future lost eamings. If equitable relief is sought, describe the nature of the relief.)
The complaint seeks partion of the real property and an injunction; The
cross-complaint seeks to partition an additional parcel of real property.
[] (if more space is needed, check this box and attach a page designated as Attachment 4b.)
Jury or nonjury trial
The party or parties request (J ajury trial [2] a nonjury trial (if more than one party, provide the name of each party
requesting a jury trial): Unknown at this time.
Trial date
a [7] The trial has been set for (date):
b. [Xx] No trial date has been set. This case will be ready for trial within 12 months of the date of the filing of the complaint (if
not, explain): This case is extremely complex and has been assigned to a
referee.
Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability):
See Attachment 6c.
Estimated length of trial
The party or parties estimate that the trial will take (check one):
a. [X] days (specify number): 20
b. [__] hours (short causes) (specify):
Trial representation (to be answered for each party)
The party or parties will be represented at trial (XJ by the attorney or party listed in the caption [__] by the following:
Attorney:
Firm:
Address:
Telephone number:
Fax number:
£-mail address:
Party represented:
|__] Additional representation is described in Attachment 8.
Preference
c This case is entitled to preference (specify code section):
10. Alternative Dispute Resolution (ADR)
a. Counsel (J has [1 has not provided the ADR information package identified in rule 3.221 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):
CM-110 [Rey. January 1, 2007) CASE MANAGEMENT STATEMENT Page 2.0f4
@ @ CM-110
PLAINTIFF/PETITIONER: Edward Richard Meline, et al. CASE NUMBER:
[DEFENDANT/RESPONDENT:Jack Meline and Sharon Meline, et al. 127180
10. d. The party or parties are willing to participate in (check all that apply):
a) Mediation
@ C] Nonbinding judicial arbitration under Code of Civil Procedure section 1141.12 (discovery to close 15 days before
arbitration under Gal. Rules of Court, rule 3.822)
@ CI] 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 3.822)
4) CJ Binding judicial arbitration
(5) L_] Binding private arbitration
(6) Neutral case evaluation
(7) LX] Other (specify):Rule 1600.5 (a)
e. [___] This matter is subject to mandatory judicial arbitration because the amount in controversy does not exceed the statutory limit.
f. Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount specified in Code of Civil
Procedure section 1141.11.
g. This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Court (specify exemption):
11. Settlement conference
{__] The party or parties are willing to participate in an early settlement conference (specify when):
12. Insurance
a. [__] Insurance carrier, if any, for party filing this statement (name):
b. Reservation of rights: (“] Yes [7] No
c. [__] Coverage issues will significantly 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):
Status:
14. Related cases, consolidation, and coordination
a. ([_] 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 (J consolidate (] coordinate will be filed by (name party):
15. Bifurcation
l The party or parties intend to file a motion for an order bifurcating, severing, or coordinating the following issues or causes of
action (specify moving party, type of motion, and reasons):
16. Other motions
[2c] The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):
Unknown at this time.
(CM-110 (Rev. January1, 2007] Page
3 of 4
CASE MANAGEMENT STATEMENT
PLAINTIFF/PETITIONER: Edward
@
Richard Meline, et al ‘CASE NUMBER’
CM-110
DEFENDANT/RESPONDENT: Jack Meline and Sharon Meline, et al 127180
17. Discovery
a The party or parties have completed all discovery.
The following discovery will be completed by the date specified (describe all anticipated discovery).
Party Descriptio! Date
The Court has appointed a referee in this matter. It is anticipated that
the referee will set discovery and resolve any discovery disputes
c. [__] The following discovery issues are anticipated (specify).
18. Economic Litigation
a. This is a limited civil case (i.e., the 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 filed (if checked, explain specifically why economic litigation procedures relating to discovery or trial
should not apply to this case):
19. Other issues
1X] The party or parties request that the following additional matters be considered or determined at the case management
conference (specify): Judge Noel Watkins has been appointed Referee in this matter.
20. Meet and confer
a The party or parties have met and conferred with all parties on all subjects required by rule 3.724 of the California Rules
of Court (if not, explain):
b. After meeting and conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the following
(specify):
21 Case management orders.
Previous case management orders in this case are (check one). (XJ none [2] attached as Attachment 21
22. Total number of pages attached (if any): 2
~
| 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 these issues at the time of the case management
conference, including the written authority of the party where required.
Date: January 25, 2007 OF
Charleton S. Pearse
(TYPE OR PRINT NAME)
» Lille Csi BE Cee ns
. (SIGNATURE OF PARTY OR ATTORNEY)
(IVPE OR PRINT NAME)
»
(SIGNATURE OF PARTY OR ATTORNEY)
Additional signatures are attached
CM-110 (Rov. January 1, 2007] CASE MANAGEMENT STATEMENT Page 4ot4
@ e
ATTACHMENT 6.c
CASE MANAGEMENT STATEMENT
CASE Name: Edward Richard Meline vs. Jack Meline, et al.
COURT AND CASE NUMBER: Butte County Superior Court Case No.127180
02/06/07: TRIAL (2 days) @ 8:45 a.m., Dept. 3
Julie Ann Rutter v. Margaret Despart, et al.
Shasta County Superior Court Case No.: 156651
02/19/07; TRIAL (7 days) @ 8:30 a.m., Dept. 9
Esther Fay Green, et al. v. Shane Yturiaga, et al.
El Dorado County Superior Court Case No.: PC20060168
02/27/07: SETTLEMENT CONFERENCE @ 8:30 a.m., Dept. 59
Edward Henderson v. Charles Hick, et al.
Sacramento County Superior Court Case No.: 05AS01834
03/06/07. SETTLEMENT CONFERENCE @ 8:30 a.m., Dept. 59
County of Sacramento v. William Donald Patterson, et al.
Sacramento County Superior Court Case No.: 0SAS05162
03/20/07: TRIAL (7 days) @ 8:30 a.m., Dept. 47
Edward Henderson v. Charles Hick, et al.
Sacramento County Superior Court Case No.: 05AS01834
04/02/07: TRIAL (7 days) @ 8:30 a.m., Dept. 47
County of Sacramento v. William Donald Patterson, et al.
Sacramento County Superior Court Case No.: 05AS05162
04/03/07: SETTLEMENT CONFERENCE @ 8:30 a.m., Dept. 59
Auto Dealers Compensation of California, Inc. y. Ranee Nankani-Sutherlin, et al.
Sacramento County Superior Court Case No.: 05AS05424
04/23/07 TRIAL (7 days) @ 8:30 a.m., Dept. 47
Auto Dealers Compensation of California, Inc..v. Ranee Nankani-Sutherlin. et al.
Sacramento County Superior Court Case No.: 05AS05424
05/07/07: SETTLEMENT CONFERENCE @ 10:00 a.m., Dept.
Kellie Moran v. Orchard Springs Resort, et al.
Nevada County Superior Court Case No.: 71470
05/25/07. PRE-TRIAL CONFERENCE @ 11:00 a.m., Dept.
Kellie Moran v. Orchard Springs Resort, et al.
Nevada County Superior Court Case No.: 71470
ATTACHMENT 6.c; CASE MANAGEMENT STATEMENT, Page I of 2
e
06/05/07: TRIAL (7 days) @ 9:00 a.m., Dept.
Kellie Moran v. Orchard Springs Resort, et al.
Nevada County Superior Court Case No.: 71470
ATTACHMENT 6.c; CASE MANAGEMENT STATEMENT, Page 2 of 2
e ©
Edward Richard Meline, et al. v. Jack Meline, et al.
Butte County Superior Court Case No. 127180
PROOF OF SERVICE
I, Dusty A. James, hereby declare and state that I am over the age of eighteen years, employed
in the County of Sacramento, California, and not a party to the within action. My business address is
1030 - 15th Street, Suite 300, Sacramento, California 95814. I am readily familiar with the daily
practice of the law offices of Lenahan, Lee, Slater & Pearse LLP, of collecting and processing of
correspondence for mailing with the United States Postal Service.
On the date below, 1 served the CASE MANAGEMENT STATEMENT, on the following
parties:
10
Nels A. Christensen James B. Berglund William A. Ward
11 Christensen & Schwartz, LLP Attorney at Law Attorney at Law
1 Governors Lane 1838 Feather River Blvd. 9 Williamsburg Lane
12 Chico, CA 95926 Oroville, CA 95965 Chico, CA 95926
13 Richard L. Crabtree John Jeffrey Carter
Attorney at Law Attorney at Law
14 1395 Ridgewood Drive, Suite 300 P.O. Box 3606
Chico, CA 95973 Chico, CA 95927
15
16 AXx (BY MAIL) | placed each such sealed envelope, with postage thereon fully prepaid for first-class}
mail, for collection and mailing on the parties in said action.
17
(BY CERTIFIED MAIL) I placed each such sealed envelope, with postage thereon fully
18 repaid for certified mail, return receipt requested, for collection and mailing on the parties}
in said action.
19
(BY PERSONAL SERVICE) personally delivered by hand said documents to the addressee(s)
20 noted above.
21 (BY FACSIMILE) I caused the said document(s) to be transmitted by facsimile to the telephond
number(s) hereafter.
22
(BY FEDERAL EXPRESS) I placed a true and correct copy of the within document(s) in a
23 sealed envelope and deposited in the Federal Express depository for overnight mail.
24 I declare under penalty of perjury under the laws of the State of California that the foregoing is
25 true and correct, and that this declaration was executed on January 25, 2007 in Sacramento, California.
26 c
27 Dust TAMEY 7
28
Proof of Service
@ @
PRO LEGAL SERVICES
1127 Oakdale Street
Chico, CA 95928
PH: 530-228-3363, FX: 530-892-2264
FAX FILING CERTIFICATION BY FAX FILING
AGENCY
In compliance with RULE 2005, FILING THROUGH FAX FILING AGENCY,
subsection (e), CERTIFICATION, this document certifies that I, Mary Galvin, have
complied with the rules as stated under RULE 2005 of the SPECIAL RULES FOR
TRIAL COURTS, regarding filing documents by fax and that the document(s) to be filed.
Specified in this certification is/are the full and unaltered facsimile-produced document(s)
received by fax.
Each of the specified document(s) that this certification pertains to are notated with the
phrase “FAX FILING” immediately below the title of the document(s), and is/are
specified as follows:
Case Number: 127180
Case Management Statement
The document(s) specified in this certification were received from the following
authorizing agency:
One Legal, Inc., on behalf of
Lenahan, Lee, Slater & Pearse, LLP
1030 15" Street, Suite 300
Sacramento, CA 95814
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
Dated: January 25, 2007
Signature, \. NK Aly KN TxA
Pro Leg’ Sérvices
Butte # 113