Preview
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MAR 182013
\l CM-1 10
ATTORNEY OR PARTY WITHOUT ATI’ORNEY (Name, State Bar number. and address): FOR COURT USE ONLY
Jody M. Burgess , SBN 2220 61
Clinton M. Boren, SBN 263200
MAIRE’ & BURGESS
2851 Park Marina Dr . , Ste . 300
Redding, CA 96001
(530)
TELEPHONE N0.: 24 6-6050 (530)
FAXNo. (Optional): 24 6—6060
jbu rge s s @ma i re
EMAIL ADDRESS (Optional): —
l aw . com
Defs
AWORNEY FOR(N_a_m_e}: STEPHEN MELINE , IV, et al .
EL“
3
F
Superior Coun’ of California
SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE
I
V E
STREETADDREss; 655 Oleander Avenue 3;: MAR 18 2MB L
P.O.
MAILING ADDRESS: BOX 31 O ‘
j}; .—-
CITYANDZIPCODE:ChiCO, California 95926 E‘ K?" 'FIer" ‘
F‘Ierk E?
BRANCH NAME:Unlimited \ a _ _ml
PLAINTIFF/PETITIONERzE DWARD RICHARD MELINE, et a1. -'
a
DEFENDANT/RESPONDENTzJACK MELINE , et al .
CASE NUMBER:
CASE MANAGEMENT STATEMENT
(Check one): UNLIMITED CASE E LIMITED CASE 12 7 1 8 o
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE IS scheduled as follows:
DatezMarch 29, 2013 Time: 10 : 3O a.m. Dept: tba Div.: Room:
Address of court (if die/entfrom the address above):
Notice of Intent to Appear by Telephone, by (name): Clinton M . Boren
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):Stephen Meline , IV; Robert J. Meline;
b. D This statement is submitted jointly by parties (names): Nelda F. Jes see; 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, 2 002
b. The cross-complaint, if any, was led on (date): February 3, 2003
3. Service (to be answered by plaintiffs and cross-complainants only)
a. All parties named in the complaint and cross-complaint have been sewed. 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 served but have not appeared and have not been dismissed (specify names):
(3) E have had a default entered against them (specify names):
C. E The following additional parties may be added (specify names, nature of involvement in case, and date by which
they may be served):
4. Description of case ,
a. Type of case in complaint cross-complaint (Describe, including causes of action):
Partition action relative to ranch and rice lands
Page 1 of 5
Form Adopted for Mandatory Use
Judicial CouncaI orCaIIromIa CASE MANAGEMENT STATEMENT ,al
Cal. Rules of Court.
rules 3720—3730
CM-11o [Rem July 1, 2011] SO
utrlS‘
. US
x l
CM-110
PLAINTIFF/PETITIONER:EDWARD RICHARD MELINE, et a1. ,cASENUMsER;
DEFENDANT/RESPONDENT:JACK et a1. 127180
MELINE,
4. b. Provide a brief statement ofthe case. including any damages. (lfpersonal 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 earnings. If equitable reliefis sought,
describe the nature of the relief.)
The parties maintain an interest in separate properties known as the ranch
land, rice lands and orchard lands, the latter being the subject of previous
partition efforts and the former two remain to be dealth with.
(lfmore 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. (lfmore than one party, provide the name ofeach party
requesting a jury trial):
6. Trial date
a. The trial has been set for (date):
b. 12 months ofthe date ofthe ling
No trial date has been set. This case will be ready for trial within ofthe complaint (if
not,explain): This matter has been assigned to Judge Watkins (retired) as the partition referee. The
partition is progressing towards resolution.
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 trial will take (check one):
a. days (specify number): 7— l 0
b. hours (short causes) (specify):
8. 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:
a. Attorney:
b. Firm:
c. Address:
d. Telephone number: f. Fax number:
e. E-mail address: g. Party represented:
Additional representation is described in Attachment 8.
'9. Preference
This case is entitled to preference (specify code section):
10. Alternative 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 3.221to 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 rule3.221.
b. Referral to judicial arbitration or ciVil action mediation (if available).
(1) This matter is subject to mandatoryjudicial arbitration under Code of Civil Procedure section1141 .11 or to civil action
mediation under Code of Civil Procedure section 1775.3 because the amount in controversy does not exceed the
statutory limit.
(2) inCode of
Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount specied
Civil Procedure section 1141.11.
(3) This case ofthe California Rules of
is exempt from judicial arbitration under rule 3.811 Court or from civil action
mediation under Code of Civil Procedure section 1775 et seq. (specify exemption):
CM-110[RBV,July1,2011] CASE MANAGEMENT STATEMENT Pagezof5
CM-110
PLAINTIFF/PETITIONER: EDWARD RICHARD MELINE, et al. CASE NUMBER:
BEFENDANT/RESPONDENT: JACK MELINE, et al. l 2718O
10. c. Indicate the ADR 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 app/y and provide the specied infonnation):
The party or parties completing Ifthe 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):
Mediation session not yet scheduled
Mediation session scheduled for (date):
(1) Mediation
DD
Agreed to complete mediation by (date):
Mediation completed on (date):
EDD! Settlement conference not yet scheduled
(2) Settlement Settlement conference scheduled for (date):
conference
Agreed to complete settlement conference by (date):
Settlement conference completed on (date):
BUD
Neutral evaluation not yet scheduled
Neutral evaluation scheduled for (date):
(3) Neutral evaluation
Agreed to complete neutral evaluation by (date):
D Neutral evaluation completed on (date):
D Judicial arbitration not yet scheduled
(4) Judicial arbitration scheduled for (date):
Nonbinding judicial
arbitration
Agreed to completejudicial arbitration by (date):
:1 Judicial arbitration completed on (date):
Private arbitration not yet scheduled
Private arbitration scheduled for (date):
(5) Binding private
arbitration Cl Agreed to complete private arbitration by (date):
Private arbitration completed on (date):
ADR session not yet scheduled
ADR session scheduled for (date):
(6) Other (specify):
D Agreed to complete ADR session by (date):
D ADR completed on (date):
CM-11o [Revi July
2011]
1.
CASE MANAGEMENT STATEMENT Page 3 of 5
CM-110
PLAINTIFF'IPETITIONER: EDWARD RICHARD MELINE, et al. CASENUMBERZ ~
_DEFENDANT/RESPONDENT: JACK MELINE, et al. 127180
11. Insurance
a. E Insurance carrier. if any. for party
ling this statement (name):
b. Reservation of rights: Yes No
c. E] Coverage issues will signicantly affect resolution of this case
(explain):
12. Jurisdiction
and describe the status.
Indicate any matters that may affect the court's jurisdiction or processing of this case
E Bankruptcy Other (specify):
Status:
13. Related cases, consolidation, and coordination
a. CI There are companion, underlying, or related cases.
(1) Name of case:
(2) Name of court:
(3) Case number:
(4) Status:
D Additional cases are described in Attachment 13a.
b. I: A motionto consolidate :I coordinate will be led by (name party):
14. 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):
15. Other motions
The party or parties expect tole the following motions before trial (specify moving party, type ofmotion, and issues):
16. Discovery
a. The party or parties have completed all discovery.
b. The following discovery will be completed by the date specied (describe all anticipated discovery):
Description
c. The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specily):
CM—110 [Rev.
July
1,2011]
CASE MANAGEMENT STATEMENT Page 4 or 5
CM-110
PLAINTIFF/PETITIONER:EDWARD RICHARD MELINE, et al. CASENUMBERi
BEFENDANT/RESPONDENT:JACK MELINE, et a1. 127180
17. Economic litigation
a. (i.e.. the amount demanded is $25,000 or less) and the economic litigation procedures
This is a limited civil case inCode
of Civil Procedure sections 90-98 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 specically why economic litigation procedures relating to discovery or trial
should not apply 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): The parties request that the partition process continue with
Judge Watkins and anticipate that the litigation will resolve without the
need for a trial.
19. Meet and confer
a. The party or parties have met and conferred with all parties on all subjects required by rule 3.724 ofthe California Rules
of Court (if not, explain):
b. After meeting and conferring as required by rule 3.724 ofthe California Rules of Court. the parties agree on the following
(specify):
20. Total number of pages attached (if any):
l am
completely familiar with this caseand will be fully prepared to discuss the status of discovery and alternative dispute resolution,
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 ofthe party where required.
DatezMarch l4, 2013
Clinton M. Boren
(TYPE OR PRINT NAME)
} é? 2
(SIGNATURE OF PARTY OR ATTORNEY)
D
(TYPE 0R PRINT NAME) (SIGNATURE 0F PARTY OR ATTORNEY)
Additional signatures are attached.
CM-110[Rev.July1,2011] CASE MANAGEMENT STATEMENT Page5015
Meline v. Meline [#5788]
Butte County Superior Court Case No. 127180
PROOF OF SERVICE
I am a citizen of the United States and employed in Shasta County, California;
I am over the age of eighteen years and not a party to the Within action; my business
address is 2851 Park Marina Drive, Suite 300, Redding, California 96001; P.O. Drawer
994607, Redding, California 96099-4607; on this date I served:
CASE MANAGEMENT STATEMENT
xx MAIL: By placing a true copy thereof enclosed in a sealed envelope with
postage thereon fully prepaid, in the United States Post Office mail box at
Redding, California, addressed as set forth below.
FAX: I personally sent to the addressee's facsimile number indicated a true
copy of the above-described document(s).
Charleton S. Pearse , John Jeffery Carter
LENAHAN, LEE, SLATER & PEARSE, LLP CARTER LAW OFFICE
1030 Fifteenth Street, Suite 300 P. O. Box 3606
Sacramento, CA 95814 Chico, CA 95927-3606
(91 6) 443-0869 (530) 342-61 95
Nels A. Christensen
CHRISTENSEN 8r SCHWARZ, LLP
1 Governors Lane
Chico, CA 95926
(530) 343-6454
I declare un er penalty of perjury that the foregoing is true and correct.
Executed March i , 2013, at Redding, California.
€191
Shelly Humphvrgy
1+
28
MAIRE a BURGESS
2851 Park Marina Dr.
Suite 300 PROOF OF SERVICE
P.0. Drawor 994607
Reddlng, California
96099-4607
(530) 246-6050
Preview
‘ . i.‘ , i \ MAR 182013 \l CM-1 10 ATTORNEY OR PARTY WITHOUT ATI’ORNEY (Name, State Bar number. and address): FOR COURT USE ONLY Jody M. Burgess , SBN 2220 61 Clinton M. Boren, SBN 263200 MAIRE’ & BURGESS 2851 Park Marina Dr . , Ste . 300 Redding, CA 96001 (530) TELEPHONE N0.: 24 6-6050 (530) FAXNo. (Optional): 24 6—6060 jbu rge s s @ma i re EMAIL ADDRESS (Optional): — l aw . com Defs AWORNEY FOR(N_a_m_e}: STEPHEN MELINE , IV, et al . EL“ 3 F Superior Coun’ of California SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE I V E STREETADDREss; 655 Oleander Avenue 3;: MAR 18 2MB L P.O. MAILING ADDRESS: BOX 31 O ‘ j}; .—- CITYANDZIPCODE:ChiCO, California 95926 E‘ K?" 'FIer" ‘ F‘Ierk E? BRANCH NAME:Unlimited \ a _ _ml PLAINTIFF/PETITIONERzE DWARD RICHARD MELINE, et a1. -' a DEFENDANT/RESPONDENTzJACK MELINE , et al . CASE NUMBER: CASE MANAGEMENT STATEMENT (Check one): UNLIMITED CASE E LIMITED CASE 12 7 1 8 o (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE IS scheduled as follows: DatezMarch 29, 2013 Time: 10 : 3O a.m. Dept: tba Div.: Room: Address of court (if die/entfrom the address above): Notice of Intent to Appear by Telephone, by (name): Clinton M . Boren 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):Stephen Meline , IV; Robert J. Meline; b. D This statement is submitted jointly by parties (names): Nelda F. Jes see; 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, 2 002 b. The cross-complaint, if any, was led on (date): February 3, 2003 3. Service (to be answered by plaintiffs and cross-complainants only) a. All parties named in the complaint and cross-complaint have been sewed. 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 served but have not appeared and have not been dismissed (specify names): (3) E have had a default entered against them (specify names): C. E The following additional parties may be added (specify names, nature of involvement in case, and date by which they may be served): 4. Description of case , a. Type of case in complaint cross-complaint (Describe, including causes of action): Partition action relative to ranch and rice lands Page 1 of 5 Form Adopted for Mandatory Use Judicial CouncaI orCaIIromIa CASE MANAGEMENT STATEMENT ,al Cal. Rules of Court. rules 3720—3730 CM-11o [Rem July 1, 2011] SO utrlS‘ . US x l CM-110 PLAINTIFF/PETITIONER:EDWARD RICHARD MELINE, et a1. ,cASENUMsER; DEFENDANT/RESPONDENT:JACK et a1. 127180 MELINE, 4. b. Provide a brief statement ofthe case. including any damages. (lfpersonal 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 earnings. If equitable reliefis sought, describe the nature of the relief.) The parties maintain an interest in separate properties known as the ranch land, rice lands and orchard lands, the latter being the subject of previous partition efforts and the former two remain to be dealth with. (lfmore 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. (lfmore than one party, provide the name ofeach party requesting a jury trial): 6. Trial date a. The trial has been set for (date): b. 12 months ofthe date ofthe ling No trial date has been set. This case will be ready for trial within ofthe complaint (if not,explain): This matter has been assigned to Judge Watkins (retired) as the partition referee. The partition is progressing towards resolution. 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 trial will take (check one): a. days (specify number): 7— l 0 b. hours (short causes) (specify): 8. 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: a. Attorney: b. Firm: c. Address: d. Telephone number: f. Fax number: e. E-mail address: g. Party represented: Additional representation is described in Attachment 8. '9. Preference This case is entitled to preference (specify code section): 10. Alternative 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 3.221to 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 rule3.221. b. Referral to judicial arbitration or ciVil action mediation (if available). (1) This matter is subject to mandatoryjudicial arbitration under Code of Civil Procedure section1141 .11 or to civil action mediation under Code of Civil Procedure section 1775.3 because the amount in controversy does not exceed the statutory limit. (2) inCode of Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount specied Civil Procedure section 1141.11. (3) This case ofthe California Rules of is exempt from judicial arbitration under rule 3.811 Court or from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): CM-110[RBV,July1,2011] CASE MANAGEMENT STATEMENT Pagezof5 CM-110 PLAINTIFF/PETITIONER: EDWARD RICHARD MELINE, et al. CASE NUMBER: BEFENDANT/RESPONDENT: JACK MELINE, et al. l 2718O 10. c. Indicate the ADR 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 app/y and provide the specied infonnation): The party or parties completing Ifthe 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): Mediation session not yet scheduled Mediation session scheduled for (date): (1) Mediation DD Agreed to complete mediation by (date): Mediation completed on (date): EDD! Settlement conference not yet scheduled (2) Settlement Settlement conference scheduled for (date): conference Agreed to complete settlement conference by (date): Settlement conference completed on (date): BUD Neutral evaluation not yet scheduled Neutral evaluation scheduled for (date): (3) Neutral evaluation Agreed to complete neutral evaluation by (date): D Neutral evaluation completed on (date): D Judicial arbitration not yet scheduled (4) Judicial arbitration scheduled for (date): Nonbinding judicial arbitration Agreed to completejudicial arbitration by (date): :1 Judicial arbitration completed on (date): Private arbitration not yet scheduled Private arbitration scheduled for (date): (5) Binding private arbitration Cl Agreed to complete private arbitration by (date): Private arbitration completed on (date): ADR session not yet scheduled ADR session scheduled for (date): (6) Other (specify): D Agreed to complete ADR session by (date): D ADR completed on (date): CM-11o [Revi July 2011] 1. CASE MANAGEMENT STATEMENT Page 3 of 5 CM-110 PLAINTIFF'IPETITIONER: EDWARD RICHARD MELINE, et al. CASENUMBERZ ~ _DEFENDANT/RESPONDENT: JACK MELINE, et al. 127180 11. Insurance a. E Insurance carrier. if any. for party ling this statement (name): b. Reservation of rights: Yes No c. E] Coverage issues will signicantly affect resolution of this case (explain): 12. Jurisdiction and describe the status. Indicate any matters that may affect the court's jurisdiction or processing of this case E Bankruptcy Other (specify): Status: 13. Related cases, consolidation, and coordination a. CI There are companion, underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: (4) Status: D Additional cases are described in Attachment 13a. b. I: A motionto consolidate :I coordinate will be led by (name party): 14. 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): 15. Other motions The party or parties expect tole the following motions before trial (specify moving party, type ofmotion, and issues): 16. Discovery a. The party or parties have completed all discovery. b. The following discovery will be completed by the date specied (describe all anticipated discovery): Description c. The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specily): CM—110 [Rev. July 1,2011] CASE MANAGEMENT STATEMENT Page 4 or 5 CM-110 PLAINTIFF/PETITIONER:EDWARD RICHARD MELINE, et al. CASENUMBERi BEFENDANT/RESPONDENT:JACK MELINE, et a1. 127180 17. Economic litigation a. (i.e.. the amount demanded is $25,000 or less) and the economic litigation procedures This is a limited civil case inCode of Civil Procedure sections 90-98 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 specically why economic litigation procedures relating to discovery or trial should not apply 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): The parties request that the partition process continue with Judge Watkins and anticipate that the litigation will resolve without the need for a trial. 19. Meet and confer a. The party or parties have met and conferred with all parties on all subjects required by rule 3.724 ofthe California Rules of Court (if not, explain): b. After meeting and conferring as required by rule 3.724 ofthe California Rules of Court. the parties agree on the following (specify): 20. Total number of pages attached (if any): l am completely familiar with this caseand will be fully prepared to discuss the status of discovery and alternative dispute resolution, 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 ofthe party where required. DatezMarch l4, 2013 Clinton M. Boren (TYPE OR PRINT NAME) } é? 2 (SIGNATURE OF PARTY OR ATTORNEY) D (TYPE 0R PRINT NAME) (SIGNATURE 0F PARTY OR ATTORNEY) Additional signatures are attached. CM-110[Rev.July1,2011] CASE MANAGEMENT STATEMENT Page5015 Meline v. Meline [#5788] Butte County Superior Court Case No. 127180 PROOF OF SERVICE I am a citizen of the United States and employed in Shasta County, California; I am over the age of eighteen years and not a party to the Within action; my business address is 2851 Park Marina Drive, Suite 300, Redding, California 96001; P.O. Drawer 994607, Redding, California 96099-4607; on this date I served: CASE MANAGEMENT STATEMENT xx MAIL: By placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the United States Post Office mail box at Redding, California, addressed as set forth below. FAX: I personally sent to the addressee's facsimile number indicated a true copy of the above-described document(s). Charleton S. Pearse , John Jeffery Carter LENAHAN, LEE, SLATER & PEARSE, LLP CARTER LAW OFFICE 1030 Fifteenth Street, Suite 300 P. O. Box 3606 Sacramento, CA 95814 Chico, CA 95927-3606 (91 6) 443-0869 (530) 342-61 95 Nels A. Christensen CHRISTENSEN 8r SCHWARZ, LLP 1 Governors Lane Chico, CA 95926 (530) 343-6454 I declare un er penalty of perjury that the foregoing is true and correct. Executed March i , 2013, at Redding, California. €191 Shelly Humphvrgy 1+ 28 MAIRE a BURGESS 2851 Park Marina Dr. Suite 300 PROOF OF SERVICE P.0. Drawor 994607 Reddlng, California 96099-4607 (530) 246-6050