Preview
CM-1 1 O
FOR COURT USE ONLY
l ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Stare Barnumber. and address):
:‘John Jefferev Carter (SBN 079857)
Carter Law Ofce
"‘
’
P.O. BOX 3606, Chico, CA 95927
(530) 342-61 96
TELEPHONE No.: (530) 342-61 95
FAX No. (Opt/anal):
%‘ Warmer
QUmFnm
E-MAIL ADDRESS (Opllonal):
See attached Exhibit "A"
AWORNEY FOR (Name): I
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
MAR Ill 2013
L
655 Oleander Avenue
STREET ADDRESS: E
Same as Above
MAILING ADDRESS:
Fiener, cram D
Chico] CA 95926
cmr AND zupcooE:
Deputy
BRANCH NAME:Butte Com Superior Court
PLAINTIFF/PETITIONER: Edward Richard Meiine & Charlene Meline at al
DEFENDANT/RESPONDENT: Jack Meline, et al.
CASE MANAGEMENT STATEMENT CASE NUMBER:
(Check one): UNLIMITED CASE E LIMITED CASE ,
1271 80 B and C
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: March 29. 2013 Time: 10:30 a.m. Dept: Room:
Address of court (if dierentfrom the address above):
E Notice of Intent to Appear by Telephone, by (name):
INSTRUCTIONS: All applicable boxes must be checked, and the specied information must be provided.
1. Party or parties (answer one):
a. This statement is submitted by party (name):Edward Richard Meline and Charlene Meline ("Plaintiffs")
b. E This statement is submitted jointly by parties (names):
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. E The cross-complaint. if
any, was led on (date):
3. Service (to be answered by plaintiffs and cross-complainants only)
a. All parties named in the complaint and cross-complaint have been served, 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) E have been served but have not appeared and have not been dismissed (speci/ names):
(3) D have had a default entered against them (specify names):
c. The following additional parties may be added (spec/rnames, nature of involvement in case, and date by which
they may be served):
4. Descrlptlon of case
a. Type of case In complaint cross-complaint (Describe, including causes of action):
See attached Exhibit "A"
Page
1 of 6
Form Adopted tor Mandatory Use
Judidal Council of California
CASE MANAGEMENT STATEMENT Cal. Rules of Court,
miss 3720—3730
CM-110 [Rev. July 1, 2011] www.courtscagov
.m
CM-110
_ PLAINTIFF/PETITIONER: Edward Richard Meline & Charlene Meline at al CASE NUMBER:
127180 B and C
DEFENDANT/RESPONDENT: Jack Meline, et al.
4. b. the injury and
Provide a brief statement of the case, including any damages. (/fpersona/ injury damages are sought, speci/
damages claimed, including medical expenses to date nd/bate source and amount], estimated future medical expenses, lost
earnings to date, and estimated future lost earnings. If equitable relief is sought, describe the nature of the relief.)
See attached Exhibit "A" .
(/f more space is needed, check this box and attach a page designated as Attachment 4b.)
5. 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
requesting a jury trial):
See attached Exhibit "A"
6. Trial date
a. The trial has been setfor (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):
c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability):
7. Estimated length of trial
The party or parties estimate that the tn‘al will take (check one):
a. days (specify number):
b. hours (short causes) (specify):
8. Trlal 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:
a. Attorney:
b. Firm:
c. Address:
d. Telephone number: ’
f. Fax number.
e. E-mailaddress: g. Partyrepresented:
E Additional representation is described in Attachment 8.
9. Preference
CCP § 36 and pursuant to order entered herein
This case is entitled to preference (specify code section): 6/1 3/03
10. Altematlve dispute resolution (ADR)
a. ADR information package. Please note that different ADR processes are available in different courts and communities; read
the ADR information package provided by the court under rule 3.221 for information about the processes available through the
court and community programs in this case.
(1) For parties represented by counsel: Counsel has has not provided the ADR information package identied
in rule 3.221 to the client and reviewed ADR options with the client.
(2) For self-represented parties: Party has has not reviewed the ADR information package identied in rule 3.221.
b. Referral to judicial arbitration or civil action mediation (if available).
(1) E Thismatter is sub‘ect to mandatory judicial arbitration under Code of Civil Procedure section 1141 .11 or to civil action
mediation under ode of Civil Procedure section 1775.3 because the amount in controversy does not exceed the
statutory limit.
(2) E Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount specied
Civil Procedure section 1141.1 1.
in Code of
(3) This case is exempt from judicial arbitration under rule 3.811
of the California Rules of Courtor from civil action
mediation under Code of Civil Procedure section 1775 et seq. (specify exemption):
CM-110 [Rev. July 1. 2011]
CASE MANAGEMENT STATEMENT Page 20f5
CM-11O
CASE NUMBER:
PLAINTIFF/PETITIONERI Edward Richard Meline & Charlene Meline at al
127180 B and C
DEFENDANT/RESPONDENT: Jack Meline, et al,
10. c. Indicate theADR process or processes that the party or parties are willing to participate in, have agreed to participate in, or
have already participated in (check all that apply and provide the specied
information):
The party or parties completing lf the party or parties completing this form in the case have agreed to
this form are willing to participate in or have already completed an ADR process or processes,
participate in the following ADR indicate the status of the processes (attach a copy of the parties’ADR
processes (check all that apply):stipulation):
DUDE
'Mediaticn session not yet scheduled
Mediation session scheduled for (date):
(1) Mediation
Agreed to complete mediation by (date):
Mediation completed on (date):
DUDE
Settlement conference not yet scheduled
Settlement conference scheduled for (date):
(2) Settlement
conference
Agreed to complete settlement conference by (date):
Settlement conference completed on (date):
DUDE
Neutral evaluation not yet scheduled
Neutral evaluation scheduled for (date):
(3) Neutral evaluation
Agreed to complete neutral evaluation by (date):
Neutral evaluation completed on (date):
DUDE
Judicial arbitration not yet scheduled
Judicial arbitration scheduled for (date):
(4) Nonbinding judicial
arbitration
Agreed to complete judicial arbitration by (date):
Judicial arbitration completed on (date):
DUDE
Private arbitration not yet scheduled
Private arbitration scheduled for (date):
(5) Binding private
arbitration
Agreed to complete private arbitration by (date):
Private arbitration completed on (date):
DUDE
ADR session not yet scheduled
ADR session scheduled for (date):
(6) Other (specify):
Agreed to complete ADR session by (date):
ADR completed on (date):
CM-11O [Rev: July 1. 2011] Page 3 at 6
CASE MANAGEMENT STATEMENT
CMJ.
CASENUMBERI
_ PLAINTIFF/PETITIONER: Edward Richard Menne & Charlene Menne at aI
. 127180 B and C
DEFENDANT/RESPONDENT: Jack Mellne, et aI.
11. Insurance
a. E Insurance carrier. if any. for party
ling this statement (name):
b. Reservation of rights: E Yes E No
c. E Coverage issues will signicantlyaffect resolution of this case (explain):
12. Jurisdiction
Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status.
E Bankruptcy Other (specify):
Status:
13. Related cases. consolidation, and coordination
a. There are companion, underlying. or related cases.
(1) Name of case: Stephen Meline IV, et al. v Randall Meline, et al. and Rabo v. Meline, et al.
(2) Name of court: Butte County Superior Court
(3) Case number. 1271 80 B and 1271 80 C
(4) Status:
E Additional cases are described in Attachment 13a.
b. E A motion to E COHSOlidate E coordinate will beled by (name party):
14. Bifurcation
E a motion for an order bifurcating. severing. or coordinating the following issues or causes of
The party or parties intend to le
action (specify moving party, type of motion, and reasons):
15. Other motions
E The party or parties expect to
le the following motions before trial (specify moving party, type ofmotion, and issues):
16. 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):
Description _D_a§
c. E The following discovery issues. including issues regarding the discovery of electronically stored information, are
anticipated (specify):
Oil-"WWW 12°11] CASE MANAGEMENT STATEMENT "924°”
CM-1 1O
CASE NUMBER:
PLAINTIFF/PETITIONER: Edward Richard Meline & Charlene Meline at aI
— . 1271 80 B and C
DEFENDANT/RESPONDENT: JaCk Mel'ne: et 3'-
17. Economic litigation
a. This is a limited civil case (i.e., the amount demanded is 325.000 or less) and the economic litigation procedures in Code
of Civil Procedure sections 90-98 will apply to this case.
b. This is a limited civil case and a motion to withdraw the c'ase from the economic litigation procedures or for additional
discovery will be led why economic litigation procedures relating to discovery or trial
(if checked, explain specically
should not app/y to this case):
18. Other issues
The party or parties request that the following additional matters be considered or determined at the case management
conference (specify):
19. 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).
The parties have engaged and continue to engage in numerous substantive meetings and negotiations
regarding the actions The "C" action tentatively has been resolved. The "B" action has not
b. After meeting and conferring as required by rule 3.724 of the California Rules of Court. the parties agree on the following
(SPeCifY)~'
20. Total number of pages attached (if any): 2
l am completely familiar with this case and will be fully prepared to discuss
status of discovery and alternative dispute resolution.
the
- '
'
as well as otherIssues raised by this statement and will possess the a to stipulations on theseIssues at the time of
the case management conference including the written authority of e party where req ired.
Date: March 14, 2013
JOHN JEFFERY CARTER
(TYPE OR PRINT NAME) (SIGNATURE’IF PARTY OR ATTORNEY)
(TYPE 0R PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
Additional signatures are attached.
CM-110[Rev.July
2011]
1.
CASE MANAGEMENT STATEMENT Pagesots
Exhibit “A”
Attorney Representation: Edward Richard Meline, Charlene Meline, and the Edward Richard
Meljne and Charlene M. Meline Irrevocable Living Trust Agreement No. Two dated December 30, 1992.
4.a. The “B” action is for partition of certain-Butte County real property known as the “Range
Property.” The “C” action is for partition of certain Butte County real property known as the “Adobe
Property” and the involuntary dissolution of the family corporation known as “Meline & Rabo Farms,
Inc.”
4.b. The parties to these actions are four branches of the same family who wish to partition two
parcels of real property owned equally by them and to dissolve a corporation of which the four branches
own equal shareholdings. There is tentative agreement that the Adobe Property will not be partitioned, but
will continue to be jointly owned, and that the corporation will be dissolved. By stipulation and order,
both actions have been referred to the Hon. Noel H. Watkins, Judge (Ret’d) as referee, and he isnow
presiding over them.
5. By stipulation and order, both actions have been referred to the Hon. Noel H. Watkins, Judge
(Ret’d) as referee, and he is now presiding over them.
PROOF OF SERVICE
Meline v. Meline, et a1.
Butte County Superior Court Case No. 127180 B and C
I am a citizen of the United States and am a resident of the County of Butte. I am over the age of 18
years and not a party to the within action; my business address is CARTER LAW OFFICE, 329 Flume
Street, Chico, California 95928.
On this date, I served the foregoing document(s) described as:
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:
Nels A. Christensen Hon. Noel H. Watkins, Judge (Ret’d)
Christensen & Schwarz, LLP P.O. Box 33
1 Governors Lane Red Bluff, CA 96080
Chico, CA 95926
10 Charleton S. Pearse Jody Burgess
Lenahan, Lee, Slater & Pearse, LLP Maire & Burgess
11 1030 Fifteenth Street, Suite 300 PO Drawer 994607
Sacramento, CA 95814 Redding, CA 96099-4607
12
Aaron J. Stewart
13 2619 Forest Ave, Suite 100
Chico CA, 95928
14
15
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 U.S. mailbox in the City of Chico, California aer the close of the
19 day’s business).
20 Federal Express
21 Express Mail
22 Personal Service
23 Facsimile
24
I declare under penalty of perjury that the foregoing is true and correct and that this document is
25 executed at Chico, California on March 14, 2013.
26
27
28
"W NICOLE HEINDELL
0M