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‘ATTORNEY OR PARTY WITHOUT ATTORNEY,
@
lame, , State Bar numtBy ‘and
e FOR COURT USE ONLY
CM-110
|
acres’ Richard L. Crabtree ( BN 14875! §
_ Law Offices of Richard L. Crabtree
1395 Ridgewood Drive, Suite 300
Chico, CA 95973 So
Fax No. (Optionay: 530-566-9203 E F
CoButte
TELEPHONE NO. 530-566-1111
ee Count
un ty
E-MAIL ADDRESS (Optional)
ATTORNEY FOR (Name): Meline & Rabo Farms, Inc.
fi Superior Court
SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE
E APR 17 2008 L.
SAGE
street aopress: 655 Oleander Avenue
MAILING ADDRESS:
cry anpzie cove: Chico, CA 95926
BRANCH NAME:
PLAINTIFF/PETITIONER: Edward Meline, et al.
DEFENDANT/RESPONDENT: Jack Meline, et al.
CASE MANAGEMENT STATEMENT CASE NUMBER:
(Check one): (J UNLIMITED CASE [- umitep case
(Amount demanded (Amount demanded is $25,000 127180
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: 5/2/08 Time: 10:30 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.
Party or parties (answer one):
a [Xx] This statement is submitted by party (name): Meline & Rabo Farms, Inc.
b. [__] This statement is submitted jointly by parties (names):
Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only)
a. The complaint was filed on (date):
b. [-] The cross-compiaint, if any, was filed on (date):
Service (to be answered by plaintiffs and cross-complainants only)
a. [J 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) [1 have not been served (specify names and explain why not):
(2) [1 have been served but have not appeared and have not been dismissed (specify names):
(3) [1 have had a default entered against them (specify names):
c. CI 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 complaint Co cross-complaint (describe, including causes of action):
Complaint for partition and temporary restraining order, preliminary and permanent injunctions.
Page1 of4
Form Adopted for Mandatory Use Cal, Rules of Court,
Judicial Council Cal CASE MANAGEMENT STATEMENT ‘ules 3.720-3.730
(CM-110 (Rev. January ‘ 2007] www. courtinfo.ca.gov
LexisNexis® Automated California Judicial Council Forms
5
@ e CASE NUMBER:
CM-110
PLAINTIFF/PETITIONER: Edward Meline, et al.
| DEFENDANT/RESPONDENT: Jack Meline, et al. 127180
4. b. Provide a brief statement of the case, including any damages. (If 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.)
Partition action.
Co (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 CJ ajury 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 filing of the complaint (if
not, explain): The case is very complicated and has been assigned to a referee.
C. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability):
6/23-7/7/08 (vacation); 7/14-17/08 (trial); 9/22-29/08 (trial; Butte County); 12/1-8/08 (trial; Butte
County); 12/22-1/5/09 (vacation)
Estimated length of trial
The party or parties estimate that the trial will take (check one):
a. days (specify number): 15
b. [_] hours (short causes) (specify):
Trial representation (to be answered for each pa
The party or parties will be represented at trial by the attorney or party listed in the caption [) by the following:
Attorney:
Firm:
Address:
Telephone number:
Fax number:
E-mail address:
. Party represented:
[) Additional representation is described in Attachment 8.
Preference
[) This case is entitled to preference (specify code section):
10. Alternative Dispute Resolution (ADR)
a Counsel has has not provided the ADR information package identified in rule 3.221 to the client and has
reviewed ADR options with the client.
b. [1] Allparties have agreed to a form of ADR. ADR will be completed by (date):
¢. [1] The case has gone to an ADR process (indicate status):
‘CM-110 (Rev. January 1, 2007] Page
2 of 4
CASE MANAGEMENT STATEMENT
LexisNexis® Automated California Judicial Council Forms
-
@ e CASE NUMBER:
CM-110
PLAINTIFF/PETITIONER: Edward Meline, et al.
[ DEFENDANT/RESPONDENT: Jack Meline, et al. 127180
10. d. The party or parties are willing to participate in (check all that apply):
(1) Mediation
(2) [J Nonbinding judicial arbitration under Code of Civil Procedure section 1141.12 (discovery to close 15 days before
arbitration under Cal. Rules of Court, rule 3.822)
(3) [J 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) (1) Binding judicial arbitration
(5) CO Binding private arbitration
(6) [_) Neutral case evaluation -
(7) C .] other (specify):
e. [1] 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 {J Insurance carrier, if any, for party filing this statement (name):
b. Reservation of rights: [7 Yes [—] No
c. CI 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.
Cc 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:
[1] Additional cases are described in Attachment 14a.
b. [_] Amotion to [J consolidate [=] coordinate will be filed by (name party):
15. Bifurcation
(5 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
[-) The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):
‘CM-110 [Rev. January 1, 2007] Pago 304
CASE MANAGEMENT STATEMENT
LexisNexis® Automated California Judicial Council Forms
e e CM-110
PLAINTIFF/PETITIONER: Edward Meline, et al. CASE NUMBER:
| DEFENDANT/RESPONDENT: Jack 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 Description Date
Extensive discovery remains to be accomplished before trial.
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
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. LX_] 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): none [_] attached as Attachment 21.
22. Total number of pages attached (if any):
lam 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: 4/17/08
Richard L. Crabtree
(TYPE OR PRINT NAME) ZZABRSSATORE OF PARTY OR ATTORNEY)
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
[) Additional signatures are attached
‘CM-110 [Rev. January 1, 2007] Page
4 of 4
CASE MANAGEMENT STATEMENT
LexisNexis® Automated California Judicial Council Forms
e ®
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 April 17, 2008 I served the within: Case Management
Statement 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
Jennifer K. Wendell
Carter Law Office
329 Flume Street
PO Box 3606
Chico, CA 95927
Nels Christensen
Christensen & Schwarz, LLP
1 Governors Lane
Chico, CA 95926
James Berglund
1838 Feather River Blvd
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).
e e
I declare under penalty of perjury that the foregoing is t
and correct under the laws of the State of California and tha
declaration was executed on April 17, ‘ 08 at Chico, Calif¢
WAV LL bsww
une M. McLaughlan
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Ss5 - ‘ATTORNEY OR PARTY WITHOUT ATTORNEY, @ lame, , State Bar numtBy ‘and e FOR COURT USE ONLY CM-110 | acres’ Richard L. Crabtree ( BN 14875! § _ Law Offices of Richard L. Crabtree 1395 Ridgewood Drive, Suite 300 Chico, CA 95973 So Fax No. (Optionay: 530-566-9203 E F CoButte TELEPHONE NO. 530-566-1111 ee Count un ty E-MAIL ADDRESS (Optional) ATTORNEY FOR (Name): Meline & Rabo Farms, Inc. fi Superior Court SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE E APR 17 2008 L. SAGE street aopress: 655 Oleander Avenue MAILING ADDRESS: cry anpzie cove: Chico, CA 95926 BRANCH NAME: PLAINTIFF/PETITIONER: Edward Meline, et al. DEFENDANT/RESPONDENT: Jack Meline, et al. CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): (J UNLIMITED CASE [- umitep case (Amount demanded (Amount demanded is $25,000 127180 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: 5/2/08 Time: 10:30 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. Party or parties (answer one): a [Xx] This statement is submitted by party (name): Meline & Rabo Farms, Inc. b. [__] This statement is submitted jointly by parties (names): Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) a. The complaint was filed on (date): b. [-] The cross-compiaint, if any, was filed on (date): Service (to be answered by plaintiffs and cross-complainants only) a. [J 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) [1 have not been served (specify names and explain why not): (2) [1 have been served but have not appeared and have not been dismissed (specify names): (3) [1 have had a default entered against them (specify names): c. CI 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 complaint Co cross-complaint (describe, including causes of action): Complaint for partition and temporary restraining order, preliminary and permanent injunctions. Page1 of4 Form Adopted for Mandatory Use Cal, Rules of Court, Judicial Council Cal CASE MANAGEMENT STATEMENT ‘ules 3.720-3.730 (CM-110 (Rev. January ‘ 2007] www. courtinfo.ca.gov LexisNexis® Automated California Judicial Council Forms 5 @ e CASE NUMBER: CM-110 PLAINTIFF/PETITIONER: Edward Meline, et al. | DEFENDANT/RESPONDENT: Jack Meline, et al. 127180 4. b. Provide a brief statement of the case, including any damages. (If 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.) Partition action. Co (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 CJ ajury 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 filing of the complaint (if not, explain): The case is very complicated and has been assigned to a referee. C. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability): 6/23-7/7/08 (vacation); 7/14-17/08 (trial); 9/22-29/08 (trial; Butte County); 12/1-8/08 (trial; Butte County); 12/22-1/5/09 (vacation) Estimated length of trial The party or parties estimate that the trial will take (check one): a. days (specify number): 15 b. [_] hours (short causes) (specify): Trial representation (to be answered for each pa The party or parties will be represented at trial by the attorney or party listed in the caption [) by the following: Attorney: Firm: Address: Telephone number: Fax number: E-mail address: . Party represented: [) Additional representation is described in Attachment 8. Preference [) This case is entitled to preference (specify code section): 10. Alternative Dispute Resolution (ADR) a Counsel has has not provided the ADR information package identified in rule 3.221 to the client and has reviewed ADR options with the client. b. [1] Allparties have agreed to a form of ADR. ADR will be completed by (date): ¢. [1] The case has gone to an ADR process (indicate status): ‘CM-110 (Rev. January 1, 2007] Page 2 of 4 CASE MANAGEMENT STATEMENT LexisNexis® Automated California Judicial Council Forms - @ e CASE NUMBER: CM-110 PLAINTIFF/PETITIONER: Edward Meline, et al. [ DEFENDANT/RESPONDENT: Jack Meline, et al. 127180 10. d. The party or parties are willing to participate in (check all that apply): (1) Mediation (2) [J Nonbinding judicial arbitration under Code of Civil Procedure section 1141.12 (discovery to close 15 days before arbitration under Cal. Rules of Court, rule 3.822) (3) [J 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) (1) Binding judicial arbitration (5) CO Binding private arbitration (6) [_) Neutral case evaluation - (7) C .] other (specify): e. [1] 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 {J Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: [7 Yes [—] No c. CI 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. Cc 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: [1] Additional cases are described in Attachment 14a. b. [_] Amotion to [J consolidate [=] coordinate will be filed by (name party): 15. Bifurcation (5 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 [-) The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): ‘CM-110 [Rev. January 1, 2007] Pago 304 CASE MANAGEMENT STATEMENT LexisNexis® Automated California Judicial Council Forms e e CM-110 PLAINTIFF/PETITIONER: Edward Meline, et al. CASE NUMBER: | DEFENDANT/RESPONDENT: Jack 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 Description Date Extensive discovery remains to be accomplished before trial. 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 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. LX_] 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): none [_] attached as Attachment 21. 22. Total number of pages attached (if any): lam 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: 4/17/08 Richard L. Crabtree (TYPE OR PRINT NAME) ZZABRSSATORE OF PARTY OR ATTORNEY) (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) [) Additional signatures are attached ‘CM-110 [Rev. January 1, 2007] Page 4 of 4 CASE MANAGEMENT STATEMENT LexisNexis® Automated California Judicial Council Forms e ® 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 April 17, 2008 I served the within: Case Management Statement 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 Jennifer K. Wendell Carter Law Office 329 Flume Street PO Box 3606 Chico, CA 95927 Nels Christensen Christensen & Schwarz, LLP 1 Governors Lane Chico, CA 95926 James Berglund 1838 Feather River Blvd 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). e e I declare under penalty of perjury that the foregoing is t and correct under the laws of the State of California and tha declaration was executed on April 17, ‘ 08 at Chico, Calif¢ WAV LL bsww une M. McLaughlan