Preview
'i 59am 2 921337
CM-110
ATTORNEY 0R PARTY WITHOUT A‘I'I’ORNEY (Name, Sfafe Bernumber, and FOR COURT USE ONLY
addressu WILLIAM A. WARD (SBN 37059)
— LAW OFFICE OF WILLIAM A. WARD
#9 Williamsburg Lane
Chico, California 95926
/F
‘
TELEP N.:
o (53o ) 342—2225 (530)
FAXNo. (Opt/ans)I: 342-7920
Butte County
HON?
E-MAIL ADDRESS (OpllonaD:
KHDRNEYFORkmw28TEPHEN MELINE IV et al.
‘
I Superior Court
SUPERIOR COURT OF CALIFORNIA, COUNTY 0F BUTTE L JAN 2 9 2007
Ol eander
STREET ADDRESS; 6 5 5 Avenue
MAILINGADDREss;655 Oleander Avenue D:.
.1
S C
Chico,
CITYANDzlP cone: CA 95926 e
BRANCH NAME:
PLAINTIFF/PETITIONER: MELINE, et a1-
DEFENDANT/RESPONDENT:MELINE, et a1.
CASE MANAGEMENT STATEMENT CASENUMBER;
(Check one): UNLIMITED CASE E LIMITED CASE 127180
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: Feb. 9, 2007 Time:lo:3o a.m. Dept: TBA Div.: Room:
Address of court (if different from the address above):
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
1. Party or parties (answer one):
E This statement is submitted by party (name):
b. This statementis submittedjointly by parties (names): Estate of violet Arlene Meline, Stephen
Meline IV, Robert J. Meline, Nelda F. Jessee and Melanie G. Edgington
2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants Only)
a. The complaint was led on (date):March 6, 2002
b. The cross-complaint, if any, was led on (date):February 3, 2003, and on December 27, 2005.
3. Service (to be answered by plaintiffs and cross-complainants only)
All parties named in the complaint and cross-complaint have been served, or have appeared, or have been dismissed.
b. The following parties named in the complaint or cross-complaint
(1) E have not been served (specify names and explain why not):
(2) have been sewed but have not appeared and have not been dismissed (specify names):
(3) E have had a default entered against them (speciljl names):
c. E The following additional parties may be added (specify names, nature ofinvolvement in case, and the date by which
they may be served):
4. Description of case
a. Type of case
The
in
complaint
-
seeks
complaint
partition of
-
Orchard
cross- complaint
real property
(describe, including causes
and injunctive relief.
ofaction):
The first
cross- complaint seeks partition of Range real property. The Rabo cross— complaint seeks partition of a
rice ranch,dissolution of the Corporation and related causes of action.
Page1of4
“Stufgéidu'ntéiltiil3” CASE MANAGEMENT STATEMENT @EB Gillei”§§2‘$°a?7“§d
CM-1 10 [Rev. January 1. 2007] www.court/nfocagov
CM-110
CASENUMBER:
PLAINTIFF/PETITIONER: MELINE, et a1.
12718 0
_DEFENDANT/RESP0NDENT:MELINE, e: a1.
4. b. Provide a brief statement of the case, including any damages. (lfpersonal 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 earnings. If equitable relief is sought, descn'be 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. 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 completed. Unless otherwise agreed, an interlocutory hearing before the Referee
will next be required for determination of the extent of Corporation ownership of real property
improvements. This in turn may create more appraisal work.
(lfmore space is needed, check this box and attach a page designated as Attachment 4b.)
Jury or nonjury trial
The party 0r parties request a jury trial a nonjury trial (if more than one party, provide the name of each party
requesting a jury trial):
Trial date
a. The trial has been set for (date):
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).'Thiscase will require more than 12 months to finish. Not until all
preliminary issues are resolved will the actual division of the real property: be feasible.
c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability):
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 by the attorney or party listed in the caption by the following:
'
Attorney: William A. Ward
Firm: LAW OFFICE 0F WILLIAM A. WARD
Address:9 Williamsburg Lane, Chico, CA -95926
Telephone number: (530) 342-2225
Fax number: (53o) 342-7920
E-mail address: n/a
. Party represented: The Stephen Meline IV Family
Additional representation is described in Attachment 8.
Preference
This case is entitled to preference (specify code section): Plaintiff
has requested preference.
10. Alternative Dispute Resolution (ADR)
a. Counsel has has not provided the ADR information package identied in rule 3.221to 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'"°[R°V'“"““’"2°°" PagoZot4
CASE MANAGEMENT STATEMENT @EB
CM-110
CASENUMBER:
PLAINTIFF/PETITIONER;MELINE, ec a1.
127180
—DEFENDANT/RESPONDENT:MELINE, 6t a1.
10. d. in(chebk all that app/y):
The party or parties are willing to participate
(1) Mediation
(2) Nonbinding judicial arbitration under Code of Civil Procedure section1141 .12 (discovery to close 15 days before
'
arbitration under Cal. Rules of Court, rule 3.822)
(3) 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) Binding judicial arbitration
(5) 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. 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. This case of the California Rules of Court (specify exemption):
is exempt from judicial arbitration under rule 3.811
11. Settlement conference
in an early settlement conference
The party or parties are willing to participate (special when): At any time.
12. Insurance
a. 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. 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 E coordinate will beled 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 of motion, and reasons):
16. Other motions
The party or parties expect to le type of motion, and issues):
the following motions before trial (specify moving party,
Violet Meline has died. Her Estate is a necessary party.
CM‘“° 2”"
1' Page 3 of 4
CASE MANAGEMENT STATEMENT @EB
CM-110
et a1. CASENUMBERI
PLAINTIFF/PETITIONER:MELINE,
127180
DEFENDANTVRESPONDENTKMELINEI et al-
17. Discovery
a. E The party or parties have completed all discovery.
b. The following discovery will be completed by the date specied (describe all anticipated discovery):
Party 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 Corpdration
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. 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 led (if checked, explain specicallywhy economic litigation procedures relating to discovery or tn'al ‘
should not app/y to this case):
19. Other issues I
The party or parties request that the following additional matters be considered or determined at the case
management
conference (specify):
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
E
.
Ci] attached as Attachment 21.
__
Previous case management orders in this case are (check one): none
Order Appointing Referee (9—6—05)
22. Total number of pages attached (if any): O
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 these issues at the time of the case
management
conference. including the written authority of the party where required.
Date: January 2‘ ', 2007.‘
William A. Ward QDVQQWKWw~Q
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
D
(TYPE OR PRINT NAME) (SIGNATURE 0F PARTY OR ATTORNEY)
E Additional signatures are attached
1'2m" Page 4 of 4
CASE MANAGEMENT STATEMENT @EB
IPROOF OF SERVICE
Ideclare thatI 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; Iny business address is #9 Williamsburg Lane,
Chico, California, 95926.
On January 26, 2007, I served foregoing document(s) described as:
Case Management Statement
on the parties/counsel, addressed as follows:
John Jeffery Carter, Es . Richard L. Crabtree
CARTER LAW OFFIC Attorney at Law
P. O. Box 3606 1395 RIdgewood 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
g
LAW OFF/CE OF
13 Courtesy Copy to:
(530) 342-2225
Charleton S. Pearse, Es . Referee, The Honorable Noel Watkins
14 LENAHAN, LEE, SLA ER. & PEARSE, LLP Judge of the Superior Court, Retired
WILLIAM
1030 Fifteenth Street, Suite 300 P. O. 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 office’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
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 January 26, 2007, at Chico,
23
California.
'25
H MAJ yy/ MA. ”K
EesISe Marron
26
Preview
'i 59am 2 921337 CM-110 ATTORNEY 0R PARTY WITHOUT A‘I'I’ORNEY (Name, Sfafe Bernumber, and FOR COURT USE ONLY addressu WILLIAM A. WARD (SBN 37059) — LAW OFFICE OF WILLIAM A. WARD #9 Williamsburg Lane Chico, California 95926 /F ‘ TELEP N.: o (53o ) 342—2225 (530) FAXNo. (Opt/ans)I: 342-7920 Butte County HON? E-MAIL ADDRESS (OpllonaD: KHDRNEYFORkmw28TEPHEN MELINE IV et al. ‘ I Superior Court SUPERIOR COURT OF CALIFORNIA, COUNTY 0F BUTTE L JAN 2 9 2007 Ol eander STREET ADDRESS; 6 5 5 Avenue MAILINGADDREss;655 Oleander Avenue D:. .1 S C Chico, CITYANDzlP cone: CA 95926 e BRANCH NAME: PLAINTIFF/PETITIONER: MELINE, et a1- DEFENDANT/RESPONDENT:MELINE, et a1. CASE MANAGEMENT STATEMENT CASENUMBER; (Check one): UNLIMITED CASE E LIMITED CASE 127180 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: Feb. 9, 2007 Time:lo:3o a.m. Dept: TBA Div.: Room: Address of court (if different from the address above): INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): E This statement is submitted by party (name): b. This statementis submittedjointly by parties (names): Estate of violet Arlene Meline, Stephen Meline IV, Robert J. Meline, Nelda F. Jessee and Melanie G. Edgington 2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants Only) a. The complaint was led on (date):March 6, 2002 b. The cross-complaint, if any, was led on (date):February 3, 2003, and on December 27, 2005. 3. Service (to be answered by plaintiffs and cross-complainants only) All parties named in the complaint and cross-complaint have been served, or have appeared, or have been dismissed. b. The following parties named in the complaint or cross-complaint (1) E have not been served (specify names and explain why not): (2) have been sewed but have not appeared and have not been dismissed (specify names): (3) E have had a default entered against them (speciljl names): c. E The following additional parties may be added (specify names, nature ofinvolvement in case, and the date by which they may be served): 4. Description of case a. Type of case The in complaint - seeks complaint partition of - Orchard cross- complaint real property (describe, including causes and injunctive relief. ofaction): The first cross- complaint seeks partition of Range real property. The Rabo cross— complaint seeks partition of a rice ranch,dissolution of the Corporation and related causes of action. Page1of4 “Stufgéidu'ntéiltiil3” CASE MANAGEMENT STATEMENT @EB Gillei”§§2‘$°a?7“§d CM-1 10 [Rev. January 1. 2007] www.court/nfocagov CM-110 CASENUMBER: PLAINTIFF/PETITIONER: MELINE, et a1. 12718 0 _DEFENDANT/RESP0NDENT:MELINE, e: a1. 4. b. Provide a brief statement of the case, including any damages. (lfpersonal 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 earnings. If equitable relief is sought, descn'be 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. 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 completed. Unless otherwise agreed, an interlocutory hearing before the Referee will next be required for determination of the extent of Corporation ownership of real property improvements. This in turn may create more appraisal work. (lfmore space is needed, check this box and attach a page designated as Attachment 4b.) Jury or nonjury trial The party 0r parties request a jury trial a nonjury trial (if more than one party, provide the name of each party requesting a jury trial): Trial date a. The trial has been set for (date): 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).'Thiscase will require more than 12 months to finish. Not until all preliminary issues are resolved will the actual division of the real property: be feasible. c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability): 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 by the attorney or party listed in the caption by the following: ' Attorney: William A. Ward Firm: LAW OFFICE 0F WILLIAM A. WARD Address:9 Williamsburg Lane, Chico, CA -95926 Telephone number: (530) 342-2225 Fax number: (53o) 342-7920 E-mail address: n/a . Party represented: The Stephen Meline IV Family Additional representation is described in Attachment 8. Preference This case is entitled to preference (specify code section): Plaintiff has requested preference. 10. Alternative Dispute Resolution (ADR) a. Counsel has has not provided the ADR information package identied in rule 3.221to 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'"°[R°V'“"““’"2°°" PagoZot4 CASE MANAGEMENT STATEMENT @EB CM-110 CASENUMBER: PLAINTIFF/PETITIONER;MELINE, ec a1. 127180 —DEFENDANT/RESPONDENT:MELINE, 6t a1. 10. d. in(chebk all that app/y): The party or parties are willing to participate (1) Mediation (2) Nonbinding judicial arbitration under Code of Civil Procedure section1141 .12 (discovery to close 15 days before ' arbitration under Cal. Rules of Court, rule 3.822) (3) 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) Binding judicial arbitration (5) 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. 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. This case of the California Rules of Court (specify exemption): is exempt from judicial arbitration under rule 3.811 11. Settlement conference in an early settlement conference The party or parties are willing to participate (special when): At any time. 12. Insurance a. 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. 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 E coordinate will beled 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 of motion, and reasons): 16. Other motions The party or parties expect to le type of motion, and issues): the following motions before trial (specify moving party, Violet Meline has died. Her Estate is a necessary party. CM‘“° 2”" 1' Page 3 of 4 CASE MANAGEMENT STATEMENT @EB CM-110 et a1. CASENUMBERI PLAINTIFF/PETITIONER:MELINE, 127180 DEFENDANTVRESPONDENTKMELINEI et al- 17. Discovery a. E The party or parties have completed all discovery. b. The following discovery will be completed by the date specied (describe all anticipated discovery): Party 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 Corpdration 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. 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 led (if checked, explain specicallywhy economic litigation procedures relating to discovery or tn'al ‘ should not app/y to this case): 19. Other issues I The party or parties request that the following additional matters be considered or determined at the case management conference (specify): 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 E . Ci] attached as Attachment 21. __ Previous case management orders in this case are (check one): none Order Appointing Referee (9—6—05) 22. Total number of pages attached (if any): O 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 these issues at the time of the case management conference. including the written authority of the party where required. Date: January 2‘ ', 2007.‘ William A. Ward QDVQQWKWw~Q (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) D (TYPE OR PRINT NAME) (SIGNATURE 0F PARTY OR ATTORNEY) E Additional signatures are attached 1'2m" Page 4 of 4 CASE MANAGEMENT STATEMENT @EB IPROOF OF SERVICE Ideclare thatI 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; Iny business address is #9 Williamsburg Lane, Chico, California, 95926. On January 26, 2007, I served foregoing document(s) described as: Case Management Statement on the parties/counsel, addressed as follows: John Jeffery Carter, Es . Richard L. Crabtree CARTER LAW OFFIC Attorney at Law P. O. Box 3606 1395 RIdgewood 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 g LAW OFF/CE OF 13 Courtesy Copy to: (530) 342-2225 Charleton S. Pearse, Es . Referee, The Honorable Noel Watkins 14 LENAHAN, LEE, SLA ER. & PEARSE, LLP Judge of the Superior Court, Retired WILLIAM 1030 Fifteenth Street, Suite 300 P. O. 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 office’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 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 January 26, 2007, at Chico, 23 California. '25 H MAJ yy/ MA. ”K EesISe Marron 26