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  • Meline, Edward Richard et al vs Jessee, Nelda F et al(26) Unlimited Other Real Property document preview
  • Meline, Edward Richard et al vs Jessee, Nelda F et al(26) Unlimited Other Real Property document preview
  • Meline, Edward Richard et al vs Jessee, Nelda F et al(26) Unlimited Other Real Property document preview
  • Meline, Edward Richard et al vs Jessee, Nelda F et al(26) Unlimited Other Real Property document preview
  • Meline, Edward Richard et al vs Jessee, Nelda F et al(26) Unlimited Other Real Property document preview
  • Meline, Edward Richard et al vs Jessee, Nelda F et al(26) Unlimited Other Real Property document preview
  • Meline, Edward Richard et al vs Jessee, Nelda F et al(26) Unlimited Other Real Property document preview
  • Meline, Edward Richard et al vs Jessee, Nelda F et al(26) Unlimited Other Real Property document preview
						
                                

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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