Preview
CM-110
A‘ITONNEY OR PARTY WITHOUT ATTORNEY (Name, Slate Bar number. and address):
‘ E
FOR COURT USE ONLY
Lgharleton s. Pearse, SBN 122491
Jeana B. Pipkln, SBN 208915
lLenahan, Lee, Slater & Pearse, LLP
1030 15th Street, Suite 300
Sacramento, CA
TELEPHONENO.
ATIORNEYFORma/ne).
(916)
Mary
E--MA1LADDRES$(0pnonau
95814
Ronald
443—1030
Ann Rabo
Rabo,
FAXNOIOplionaI;
Schweiger,
Michael
SUPERIOR COURT OF CALIFORNIA. COUNTY OF Butte
Rabo,
(916)
Frederick
Susan
443—0869
Rabo,
Mlller
/
STREETADDRESS. 655 Oleander
Ol eander
MAILING ADDRESS: 6 5 5
Avenue
Avenue
Butte County
Sunen'orCourt
F
cone
CITY AND ZIP Chi co CA 95 92 6 g
L
,
BRANCH NAME APR 1‘7 2008
PLAINTIFF/PETITIONER:Edward Richard Meline, et al. E
DEFENDANT/RESPONDENT:Jack Meline and Sharon Meline, et al.
ALA?
CASE MANAGEMENT STATEMENT CASE NUMBER‘
(Check one): [2:] UNLIMITED CASE r LIMITED CASE
(Amount demanded (Amount demanded is $25,000 l27l80
exceeds $25,000) or less)
l
IA
CASE MANAGEMENT CONFERENCE is scheduled as follows:
,DatezMay 2, 2008 Time:lO:3O a.m. Dept: C09 Div.: Room:
IAddress of court (if different from the address above):
l
INSTRUCTIONS: All applicable boxes must be checked, and the specied information must be provided.
Party or parties {answer one):
ai I
H i This statement is submitted by party (name):
b. L 2;! Ronald
This statement is submitted jointly by parties (names): Rabo, Susan Mil ler, Michael
Rabo, Mary Ann Rabo Schweiger and Frederick Rabo
2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only)
a. The complaint was led on (date): FAX FILING
b. [Lj The cross-complaint, if any. wasled on (date):December 2 '/ ,2 006
3. Service (to be answered by plaintiffs and cross—complainants only)
a. [2“ All parties named in the complaint and cross-complaint have been served. or have appeared. or have been dismissed.
b. till The following parties named in the complaint or cross-complaint
(1) CJ have not been served (specify names and explain why not):
(2) L:j have been served but have not appeared and have not been dismissed (spec/i3! names):
(3) :J
!—_ have had a default entered against them (specify names):
c. 5” 1" The following additional parties may be added (specify names. nature of involvement in case,
and the date by which
they may be served):
4. Description of case _
a. Type of case in I
X_' complaint LE cross-complaint (descn'be, including causes of action):
The complaint seeks partion of the real property and an injunction; The
cross—complaint seeks to partition an additional parcel of real property.
Page1of 4
Form Adopted for Mandatory Use
JudIcIal CounCIl of Calrforma CASE MANAGEMENT STATEMENT Cal. Rules ol Court.
rules 3 720-3730
CM~1 10 [Rev. January ‘l, 2007]
SoLtféégis
%‘ us
CM-11O
PLAINTIFF/PETITIONER‘ Edward Richard Meline, et a1.
u
CASENUMBER.
_DEPENDANT/RESPONDENTzJack Meline and Sharon Meline, et a1. 127180
4. b. Provide a brief statement of the case. including any damages. (/fpersona/ 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.
If equitable relief is sought, describe the nature of the relief.)
The complaint seeks partion of the real property and an inj unction; The
- complaint seeks
cross to partition an additional parcel of real property.
7 (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 a jury trial a nonjury trial (ifmore than one party, provide the name of each party
Unknown
requesting ajury trial): at thi s time . '
Trial date
a. [:1 The trial has been set for (date):
b. EJ No trial date has been set.This case will be ready for trial within 12 months ofthe date ofthe ling
ofthe complaint (if
not, explain):This case is extremely complex 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):
See Attachment 6c.
Estimated length of trial
The party or parties estimate that the trial will take (check one):
a. X days (specify number): 2O
b. hours (short causes) (specify):
Trial representation (to be answered for each party)
E]
The party or parties will be represented at trial by the attorney or party listed
in thecaption by the following:
.
Attorney:
Firm:
Address:
Telephone number:
Fax number:
E—mail address:
Party represented:
l: Additional representation is described in Attachment 8.
Preference
Lg] This case is entitled to preference (specify code section):
10. Alternative Dispute Resolution (ADR)
a. Counsel D has EJ has not
reviewed ADR options with the client.
provided the ADR information package identied in rule 3.221to the client and
has
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 [Rev. January
2007}
1, .
CASE MANAGEMENT STATEMENT Page 2 of 4
CM-110
'
‘PLAINTIFF/PETITIONER Edward Richard Meline, et al. '
CASENUMBER
DEFENDANT/RESPONDENTzJack Meline and Sharon Meline, et al. 127180
10. d. The or parties are willing to participate in (check all that app/y):
pa_rty
(1) DJ 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) m Nonbinding judicial arbitration under Code ofCivil Procedure section 1141.12 (discovery to remain open until 30 days
before trial; order required under Cal. Rules of Court, rule 3.822)
(4) [j Bindingjudiciai arbitration
(5) C] Binding private arbitration
(6) [:3 Neutral case evaluation
(7) 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 specied
in Code of Civil
Procedure section 1141 .1 1.
g. D This case is exempt from judicial arbitration under rule 3.811
ofthe California Rules of Court (specify exemption):
—11.Settlement conference
[j The party or parties are willing
to participate in an early settlement conference (specify when):
12. Insurance .
a. [LE Insurance carrier, if any, for party ling
this statement (name):
b‘ Reservation ofrights: Yes !__ No
c. L:_l'1Coverage 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):
Status:
14. Related cases, consolidation, and coordination
a. ___j There are companion, underlying, or related cases.
(1) Name of case:
(2) Name of court:
(3) Case number:
(4) Status:
[:7 Additional cases are described in Attachment 14a.
b. [j Amotionto L___,Jconsolidate [__:l coordinate willbeled by (name party):
15.Bifurcation
LJ The party or parties intend to le
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
2L The party or parties expect to
le the following motions before trial (specify moving pan‘y,
type ofmotion, and issues):
Unknown at: this time.
IR” “my “ 20°”
CASE MANAGEMENT STATEMENT Page 3 of 4
CM-110
PLAINTIFF/PETITIONER: Edward Richard Meline, et a1. CASENUMBER
i—
EFENDANT/RESPONDENT: Jack Meline and Sharon Meline, et a1. 127180
iD
17. Discovery
a. The party or parties have completed all discovery.
Party Descrigtion 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. C] This is a limited civil case
(i.e., the amount demanded is $25,000 or less) and the economic litigation procedures
inCode
,
of Civil Procedure sections 90 through 98 will apply to this case.
b. [j 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 trial
should not app/y to this case):
19. Other issues
Egg] The partyor 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. [:J The party or parties have met and conferred with all parties on all subjects required by rule 3.724 ofthe California Rules
of Court (ifnot, explain):
b. After meeting and conferringas required by rule 3.724 ofthe 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): [2Q none l
1
attached as Attachment 21.
22. l
Total number of pages attached (if any):
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 ofthe case
management
conference. including the written authority of the party where required.
Date:April 16, 2008
Charleton S. Pearse
(TYPE OR PRINT NAME)
’ (SIGNATURE OF PARTY OR ATTORNEY)
b
(TYPE OR PRlNT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
LA Additional signatures are attached
CM-norRov. January
1. 20071
CASE MANAGEMENT STATEMENT 4.0”
page
ATTACHMENT 6.c
CASE MANAGEMENT STATEMENT
CASE Name: Edward Richard Meline, et al. v. Jack Meline, et a1.
COURT AND CASE NUMBER: Butte County Superior Court Case N0. 127180
05/1 6/08: SETTLEMENT CONFERENCE @ 10:00 a.m., Dept. 3
SaveMart Supermarkets, et a1. v. Tera-Lite, Inc, et a1.
Kern County Superior Court Case No.2 S-l 500-CV-260940
06/06/08: FINAL CASE MANAGEMENT CONFERENCE @ 2:30 p.m., Dept. 6
SaveMart Supermarkets. et a]. v.Tera—Lite, Inc.. et a].
Kern County Superior Court Case No.: S-lSOO-CV-26094O
06/16/08: TRIAL (7 days) @ 9:00 a.m., Dept. 6
SaveMart Supermarketsl et al. v. Tera-Lite, Incwet a1.
Kern County Superior Court Case No.: S—lSOO-CV-260940
09/22/08: SETTLEMENT CONFERENCE @ 2:00 p.m., Dept. l3
Albert M. Ellis. et a1. v.Michael K. Faith. er al.
San Joaquin County Superior Court Case N0.: CV032885
10/20/08: TRIAL (7 days) @ 1:30 p.m., Dept. l3
Albert M. Ellis, et a1.v. Michael K. Faith, et al.
San Joaquin County Superior Court Case N0.: CV032885
ATTACHMENT 6.c; CASE MANAGEMENT STATEMENT. Page I0H
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, California 95814. l am familiar with
Sacramento, readily the daily
practice of the law ofces of Lenahan, Lee, Slater & Pearse LLP, of collecting and processing of
correspondence for mailing with the United States Postal Service.
On the date below, l served the CASE MANAGEMENT STATEMENT, on the following
parties:
Nels A. Christensen James B. Berglund William A. Ward
Christensen & Schwartz, LLP Attorney at Law Attorney at Law
1 Governors Lane 1838 Feather River Blvd. 9 Williamsburg Lane
Chico, CA 95926 Oroville, CA 95965 Chico, CA 95926
Facsimile:(530) 343-6454 Facsimile: (530) 532-1002 Facsimile: (530) 342—7920
Richard L. Crabtree John Jeffrey Carter
Attorney at Law Attorney at Law
1395 Ridgewood Drive, Suite 300 P.O. Box 3606
Chico, CA 95973 Chico, CA 95927
Facsimile: (530) 566-9203 Facsimile: (530) 342—6195
X— (BY MAIL) I placed each such sealed envelope, with postage thereon fully prepaid for rst-class
mail, for collection and mailing on the parties in said action.
(BY CERTIFIED MAIL) I placed each such sealed envelope, with postage thereon fully
prepaid for certied mail, return receipt requested, for collection and mailing on the parties
in said action.
(BY PERSONAL SERVICE) I personally delivered by hand said documents to the addressee(s)
noted above.
(BY FACSIMILE) l caused the said document(s) to be transmitted by facsimile to the telephone
number(s) hereafter.
(BY FEDERAL EXPRESS) I placed a true and correct copy of the within document(s) in a
sealed envelope and deposited in the Federal Express depository for overnight mail.
I declare under penalty of perjury under the laws of the State of California that the foregoing is
true and correct, and that this declaration was executed on April l7, 2008 in Sacramento, California.
DUSTY A. JAMas U
Proofot’ 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 certies that I, Mary Galvin, have
complied with the rules as stated under Rule 2005. Filing through fax ling agency of the
SPECIAL RULES FOR TRIAL COURTS, regarding ling documents by fax and that
the document(s) to be led. Specied in this certication is/are the full and unaltered
facsimile—produced document(s) received by fax.
Each of the specied document(s) that this certication pertains to are notated with the
phrase “FAX FILING” immediately below the title of the document(s), and is/are
specied as follows:
Case Number: 127180
Case Management Statement
The document(s) specied in this certication were received from the following
authorizing agency:
One Legal, LLP 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: April 17, 2008
Signaturei _
Butte # 116