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,
.
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Stale Barnumber, and address):
|
Sugarrorboun OIUHIIIOI'IIIa
FOR C URT U Y
Iii/‘3
(L
-11o
l/Y
‘
John Jeffery Carter (SBN 079857) L DEC 2 L"
Carter Law Offlce E 3 2015
P.O. Box 3606, Chico, CA 95927
TELEPHONE NO:(530) 342-6196 FAX N0. (Optional): By
E-MAIL ADDRESS (Optional):
See attached Exhibit "A"
ATTORNEY FOR (Naive):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF Butte
STREETADDRESS:1775 Concord Ave.
MAILING ADDRESS: Same as above
CITY AND ZIP CODE:
Chico, CA 95928
BRANCH NAME:
Civil
PLAINTIFF/PETITIONER: Steven and Robert Meline, et al.
DEFENDANT/RESPONDENT: Randall C. Meline, et al.
(Check one): [I]
CASE MANAGEMENT STATEMENT
UNLIMITED CASE
(Amount demanded
:I LIMITED CASE
(Amount demanded is $25,000
CASE NUMBER:
127180
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: January 8, 2016 Time: 10:30 am Dept: Div.: Room:
Address of court (if different from the address above):
:1 Notice of Intent to Appear by Telephone, by (name):
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
1. Party or parties (answer one):
a. |:] This statement is submitted by party (name):
b. See attached Exhibit "A"
This statement is submitted jointly by parties (names):
2. Complaint and cross-com plaint (to be answered by plaintiffs and cross-complainants only)
a. The complaint was filed on (date): March 6, 2002
b. 1:] The cross-complaint, if any, was filed 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.
:1
b.
(1) :l
The following parties named in the complaint or cross-complaint
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. E The following additional parties may be added (specify names, nature of involvement in case,
they may be served):
and date by which
4. Description of case
a. TYPE 0f 0859 In complaint :1 cross-complaint (Describe, including causes of action):
See attached Exhibit "A"
Page1016
Fcrm Adopted for Mandate
Use
JudIclal Council 01 Califcgwla CASE MANAGEMENT STATEMENT Cal. Rules of Court
‘
CM-11O (Rev. July 1, 2011] rules 3720-3130
www.courtscagov
'
o Q
CM-110
_ PLAINTIFF/PETITIONER: Steven and Robert Meline, et al. °223N1UMBERI
80
DEFENDANT/RESPONDENT: Randall C. Meline, et al.
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 findicate 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."
[:1 (If 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
requesting a jury trial):
:1 a jury trial a nonjury trial. (If more than one party, provide the name of each party
6. Trial date
a.
b. l: See attach. EX- A
The trial has been set for (date):
No trial date has been set. This case will be ready for trial within
not, explain):
12 months of the date of the filing of the complaint (if
'
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. [I] days (specify number): See attached Exhibit "A"
b. |:I hours (short causes) (specify):
8. Trial representation (to be answered for each party)
a. Attorney:
III
The party or parties will be represented at trial
I:|
by the attorney or party listed in the caption by the following:
b. Firm:
c. Address:
d. Telephone number: f. Fax number:
e. E-mail address:
|:] Additional representation is described in Attachment 8.
g. Party represented:
Preference
9.
10.
E This case is entitled to preference (specify code section):
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:
in rule 3.221
Counsel has :1 has not
to the client and reviewed ADR options with the client.
provided the ADR information package identified
(2) :1
For self-represented parties: Party has :1 has not reviewed the ADR information package identified in rule 3.221.
b. Referral tojudicial arbitratlon or civil action mediation (if available).
(1) II] This matter is sub'ect to mandatory judicial arbitration under Code of Civil Procedure section 1141.11 or to civil action
mediationl under ode of Civil Procedure section 1775.3 because the amount in controversy does not exceed the
statutoryimit.
(2)[:1 Plaintiff elects to refer this case tojudicial arbitration and agrees to limit recovery to the amount specified in Code of
Civil Procedure section 1141.11.
(3)[:I This case is exemgt from judicial arbitration under rule 3.811
mediation under
of the California Rules of Court or from civil action
ode of Civil Procedure section 1775 et seq. (specify exemption):
cit-"met MY 1-2°11]
CASE MANAGEMENT STATEMENT "982°"
CM-110
PLAINTIFF/PETITIONERI Steven and Robert Meline, et al. CASE NUMBER:
DEFENDANT/RESPONDENT: 127180
Randall C, Meline, et al.
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 apply and provide the specified information):
The party or parties completing If 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):
Mediation session not yet scheduled
(1) Mediation III Mediation session scheduled for (date):
EIIIIUEI
Agreed to complete mediation by (date):
Mediation completed on (date):Ongoing mediation
Settlement conference not yet scheduled
(2) Settlement Settlement conference scheduled for (date):
EIIIIUIII
conference
Agreed to complete settlement conference by (date):
Settlement conference completed on (date): Dec 1, 2014
Neutral evaluation not yet scheduled
Neutral evaluation scheduled for (date):
(3) Neutral evaluation [IIIIUEI
Agreed to complete neutral evaluation by (date):
Neutral evaluation completed on (date):
Judicial arbitration not yet scheduled
(4) Nonbinding judicial Judicial arbitration scheduled for (date):
arbitration IIIIIIIIIU
Agreed to completejudicial arbitration by (date):
Judicial arbitration completed on (date):
Private arbitration not yet scheduled
(5) Binding private Private arbitration scheduled for (date):
HEIDI]
arbitration
Agreed to complete private arbitration by (date):
Private arbitration completed on (date):
ADR session not yet scheduled
UDDEI ADR session scheduled for (date):
(6) Other (specify):
Agreed to complete ADR session by (date):
ADR completed on (date):
can-11o [Rev July
1, 20111 Pageaoffi
CASE MANAGEMENT STATEMENT
CASE NUMBER:
_ PLAINTIFF/PETITIONERI Steven and Robert Meline, et al.
- 127180
DEFENDANT/RESPONDENT: Randall C. Melrne, et al.
11. Insurance
a. [:l Insurance carrier, if any, for party filing this statement (name):
[:1 III
b.
c. I:
Reservation of rights: Yes No
Coverage issues will significantly affect 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.
[:1 Bankruptcy :1 Other (specify):
Status:
13. Related cases, consolidation, and coordination
a. |:] There are companion, underlying, or related cases.
(1) Name of case:
(2) Name of court:
(3) Case number:
:I
I:
(4) Status:
Additional cases are described in Attachment 13a.
:I
b. A motion to consolidate l:| coordinate will be filed by (name party):
14.Bifurcation
|:| 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):
15.
l:
Other motions
The party or parties expect to file the following motions before trial (specify moving party,
type of motion, and issues):
16. Discovery
a. The party or parties have completed all discovery.
b. The following discovery will be completed by the date specified (describe all anticipated discovery):
Pa_rty Description Date
See attached Exhibit "A"
c. I: The following discovery issues,
anticipated (specify):
including issues regarding the discovery of electronically stored information, are
CM-11O [Rev July 1, 2011]
CASE MANAGEMENT STATEMENT "9° ‘ °' 5
CM-110
PLAINTIFF/PETITIONER: Steven and Robert Meline, et al. CASE "UMBER:
_ . 127180
DEFENDANT/RESPONDENT: Randall C- Meme, 9t al-
17.
a.I:
Economic litigation
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 90-98 will apply to this case.
b.III This is a limited civil case and a motion to withdraw the case from the economic litigation prooedures or for additional
discovery will be filed (if checked,
explain specifically why economic litigation procedures relating to discovery or trial
should not app/y to this case):
18.
:I
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. E] 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):
See attached Exhibit "A"
b~ Alter 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
I am completely familiar with this case and will be fully prepared to discuss
the status of discovery and alternative dispute resolution,
o --
as well as other issues raised by this statement, and will possess the aut e
- ter into stipulations on these issues at the time of
the case management conference, ' -
including the written authority ofparty where r- .\ uired.
Date: December 23, 2015
John Jeffery Carter
(TYPE OR PRINT NAME) (SIGNATURE/OF PARTY OR ATTORNEY)
P
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
[:1 Additional signatures are attached.
CM-11°IR°"~Jwy1-2°"I
CASE MANAGEMENT STATEMENT "gm"
Exhibit “A”
Though due to closure for the holidays of the offices of the other parties’ attorneys they are unavailable
to sign this statement, this statement refers to the stipulation reached by all counsel and thus is joint in that regard.
It 1s presumed that all parties to this Action join in this Case Management Statement given the stipulation of all
counsel discussed below.
The parties to this action are four branches of the sarne family, one of which wishes to partition the
Range Property owned in varying percentages by them. The action has been generally consensually referred to
the Hon. Noel H. Watkins, Judge (Ret’ d) as referee by stipulation of the parties and order entered thereon on
November 5, 2013, and he 1s now presiding over it.
By stipulation and order filed herein, the parties, their designation as plaintiffs or defendants, and their
representation are as follows: Plaintiffs Stephen Meline, IV, Robert J. Meline, Nelda F. Jessee, and Melanie G.
Edgington are represented by Jody M. Burgess; Defendants Randall C. Meline and Joan Stoner, as Co-Trustees
of the Edward Richard Meline and Charlene M. Meline Irrevocable Living Trust Agreement No. Two dated
December 30, 1992, are represented by John Jeffery Carter; Defendant Linda G. Carlson, successor to Jack
Meline, deceased, as Trustee of the Jack Meline Irrevocable Living Trust Dated December 30, 1992, is
represented by Nels A. Christensen; and Defendants Ronald Rabo, Michael Rabo, Frederick Rabo, Mary Ann
Rabo Schweiger, and Susan Miller are represented by Charleton S. Pearse.
This action is now for partition of a large Butte County real property known as the “Range Property.”
Previously, the action was broader in scope and involved partition of two (2) separate and additional real
properties, known as the “Orchard Property” and the “Adobe Property.” On June 13, 2013, the partition action
was severed into three separate actions, being Case No 127180A involving the Orchard Property, Case No.
127180C involving the Adobe Property, and this case. As a result of the extensive prior proceedings, and with
the considerable assistance of the Referee, the partition of the Orchard Property has been completed, and the
proceeding for partition of the Adobe Property has been dismissed.
The remaining portion of the action involving the Range Property is complicated, complex and difi'rcult.
There are multiple owners of the Range Property, which is large in size and varied in nature and terrain. The
involved parties, again with the considerable assistance of the Referee (pursuant to express stipulation and
consent of all parties, the Referee is actively participating in settlement efforts), have made a significant efl'ort
to resolve, by settlement, the issues regarding the partition of the Range Property. For example, pursuant to
express stipulation of the involved parties, the Referee and the parties have conducted mediation and, most
recently, an all-day Settlement Conference (on December 1, 2014).
Notwithstanding the considerable efforts of the involved parties and the Referee, the attempts to resolve
the partition of the Range Property by agreement, the parties have been unable to conclude the action by
settlement. A Status Conference was held by the Referee on December 14, 2015 and by agreement of- counsel
and by the Referee, a schedule for briefing and hearings on the interlocutory judgment and dispositive motions
and for trial, the latter be set to begin on October 17, 2016, was set. A stipulation and order thereon rs now being
circulated arnong counsel.
In summary, the considerable efforts of the parties and the Referee to resolve the partition of the Range
Property by agreement have been unsuccessful, and although the parties may continue to pursue settlement, the
expectation is that the matter will, following the completion of discovery on the bifurcated issues, proceed with
trial before the Referee, pursuant to the previous order of general reference. The parties are all satisfied with the
proceedings being conducted by the Referee and do not, at the present time, request any involvement of the
Court. Consequently, if theCourt wishes to continue to monitor the action, it issuggested that another Case
Management Conference be scheduled sufficiently far 1n the future to allow the parties to complete discovery
on the bifurcated issues and obtain an interlocutory determination by the Referee as the manner of partition of
the Range Property.
Q
PROOF OF SERVICE
9
Meline v. Meline, et al.
Butte County Superior Court Case No. 127180 B
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
\OWQQMAWNH
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 Jody Burgess
Christensen & Schwarz, LLP Burgess & Bogener
1 Governors Lane 1650 East Street
Chico, CA 95926 Redding, CA 96001
Charleton S. Pearse
Lenahan, Lee, Slater & Pearse, LLP
1030 Fifteenth Street, Suite 300
Sacramento, CA 95814
The following is the procedure in which service of this document was effected:
X U.S. Postal Service (placing such envelope(s) with postage thereon fully prepaid in the
designated area for outgoing mail in accordance with this oflice’s practice, whereby the
mail is deposited in the U.S. mailbox in the City of Chico, California after the close of the
day’s business).
Federal Express
gqoxubww~o~ooo§oxmawto~o
Express Mail
MNNNNNNN-HH-~——~
Personal Service
Facsimile
I declare under penalty of perjury that the foregoing is true and correct and that this document is
executed at Chico, California on December 23, 2015.
mauw/
NICOLE HEINDELL
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, . ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Stale Barnumber, and address): | Sugarrorboun OIUHIIIOI'IIIa FOR C URT U Y Iii/‘3 (L -11o l/Y ‘ John Jeffery Carter (SBN 079857) L DEC 2 L" Carter Law Offlce E 3 2015 P.O. Box 3606, Chico, CA 95927 TELEPHONE NO:(530) 342-6196 FAX N0. (Optional): By E-MAIL ADDRESS (Optional): See attached Exhibit "A" ATTORNEY FOR (Naive): SUPERIOR COURT OF CALIFORNIA, COUNTY OF Butte STREETADDRESS:1775 Concord Ave. MAILING ADDRESS: Same as above CITY AND ZIP CODE: Chico, CA 95928 BRANCH NAME: Civil PLAINTIFF/PETITIONER: Steven and Robert Meline, et al. DEFENDANT/RESPONDENT: Randall C. Meline, et al. (Check one): [I] CASE MANAGEMENT STATEMENT UNLIMITED CASE (Amount demanded :I LIMITED CASE (Amount demanded is $25,000 CASE NUMBER: 127180 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: January 8, 2016 Time: 10:30 am Dept: Div.: Room: Address of court (if different from the address above): :1 Notice of Intent to Appear by Telephone, by (name): INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. |:] This statement is submitted by party (name): b. See attached Exhibit "A" This statement is submitted jointly by parties (names): 2. Complaint and cross-com plaint (to be answered by plaintiffs and cross-complainants only) a. The complaint was filed on (date): March 6, 2002 b. 1:] The cross-complaint, if any, was filed 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. :1 b. (1) :l The following parties named in the complaint or cross-complaint 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. E The following additional parties may be added (specify names, nature of involvement in case, they may be served): and date by which 4. Description of case a. TYPE 0f 0859 In complaint :1 cross-complaint (Describe, including causes of action): See attached Exhibit "A" Page1016 Fcrm Adopted for Mandate Use JudIclal Council 01 Califcgwla CASE MANAGEMENT STATEMENT Cal. Rules of Court ‘ CM-11O (Rev. July 1, 2011] rules 3720-3130 www.courtscagov ' o Q CM-110 _ PLAINTIFF/PETITIONER: Steven and Robert Meline, et al. °223N1UMBERI 80 DEFENDANT/RESPONDENT: Randall C. Meline, et al. 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 findicate 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." [:1 (If 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 requesting a jury trial): :1 a jury trial a nonjury trial. (If more than one party, provide the name of each party 6. Trial date a. b. l: See attach. EX- A The trial has been set for (date): No trial date has been set. This case will be ready for trial within not, explain): 12 months of the date of the filing of the complaint (if ' 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. [I] days (specify number): See attached Exhibit "A" b. |:I hours (short causes) (specify): 8. Trial representation (to be answered for each party) a. Attorney: III The party or parties will be represented at trial I:| by the attorney or party listed in the caption by the following: b. Firm: c. Address: d. Telephone number: f. Fax number: e. E-mail address: |:] Additional representation is described in Attachment 8. g. Party represented: Preference 9. 10. E This case is entitled to preference (specify code section): 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: in rule 3.221 Counsel has :1 has not to the client and reviewed ADR options with the client. provided the ADR information package identified (2) :1 For self-represented parties: Party has :1 has not reviewed the ADR information package identified in rule 3.221. b. Referral tojudicial arbitratlon or civil action mediation (if available). (1) II] This matter is sub'ect to mandatory judicial arbitration under Code of Civil Procedure section 1141.11 or to civil action mediationl under ode of Civil Procedure section 1775.3 because the amount in controversy does not exceed the statutoryimit. (2)[:1 Plaintiff elects to refer this case tojudicial arbitration and agrees to limit recovery to the amount specified in Code of Civil Procedure section 1141.11. (3)[:I This case is exemgt from judicial arbitration under rule 3.811 mediation under of the California Rules of Court or from civil action ode of Civil Procedure section 1775 et seq. (specify exemption): cit-"met MY 1-2°11] CASE MANAGEMENT STATEMENT "982°" CM-110 PLAINTIFF/PETITIONERI Steven and Robert Meline, et al. CASE NUMBER: DEFENDANT/RESPONDENT: 127180 Randall C, Meline, et al. 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 apply and provide the specified information): The party or parties completing If 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): Mediation session not yet scheduled (1) Mediation III Mediation session scheduled for (date): EIIIIUEI Agreed to complete mediation by (date): Mediation completed on (date):Ongoing mediation Settlement conference not yet scheduled (2) Settlement Settlement conference scheduled for (date): EIIIIUIII conference Agreed to complete settlement conference by (date): Settlement conference completed on (date): Dec 1, 2014 Neutral evaluation not yet scheduled Neutral evaluation scheduled for (date): (3) Neutral evaluation [IIIIUEI Agreed to complete neutral evaluation by (date): Neutral evaluation completed on (date): Judicial arbitration not yet scheduled (4) Nonbinding judicial Judicial arbitration scheduled for (date): arbitration IIIIIIIIIU Agreed to completejudicial arbitration by (date): Judicial arbitration completed on (date): Private arbitration not yet scheduled (5) Binding private Private arbitration scheduled for (date): HEIDI] arbitration Agreed to complete private arbitration by (date): Private arbitration completed on (date): ADR session not yet scheduled UDDEI ADR session scheduled for (date): (6) Other (specify): Agreed to complete ADR session by (date): ADR completed on (date): can-11o [Rev July 1, 20111 Pageaoffi CASE MANAGEMENT STATEMENT CASE NUMBER: _ PLAINTIFF/PETITIONERI Steven and Robert Meline, et al. - 127180 DEFENDANT/RESPONDENT: Randall C. Melrne, et al. 11. Insurance a. [:l Insurance carrier, if any, for party filing this statement (name): [:1 III b. c. I: Reservation of rights: Yes No Coverage issues will significantly affect 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. [:1 Bankruptcy :1 Other (specify): Status: 13. Related cases, consolidation, and coordination a. |:] There are companion, underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: :I I: (4) Status: Additional cases are described in Attachment 13a. :I b. A motion to consolidate l:| coordinate will be filed by (name party): 14.Bifurcation |:| 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): 15. l: Other motions The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): 16. Discovery a. The party or parties have completed all discovery. b. The following discovery will be completed by the date specified (describe all anticipated discovery): Pa_rty Description Date See attached Exhibit "A" c. I: The following discovery issues, anticipated (specify): including issues regarding the discovery of electronically stored information, are CM-11O [Rev July 1, 2011] CASE MANAGEMENT STATEMENT "9° ‘ °' 5 CM-110 PLAINTIFF/PETITIONER: Steven and Robert Meline, et al. CASE "UMBER: _ . 127180 DEFENDANT/RESPONDENT: Randall C- Meme, 9t al- 17. a.I: Economic litigation 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 90-98 will apply to this case. b.III This is a limited civil case and a motion to withdraw the case from the economic litigation prooedures or for additional discovery will be filed (if checked, explain specifically why economic litigation procedures relating to discovery or trial should not app/y to this case): 18. :I 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. E] 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): See attached Exhibit "A" b~ Alter 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 I am completely familiar with this case and will be fully prepared to discuss the status of discovery and alternative dispute resolution, o -- as well as other issues raised by this statement, and will possess the aut e - ter into stipulations on these issues at the time of the case management conference, ' - including the written authority ofparty where r- .\ uired. Date: December 23, 2015 John Jeffery Carter (TYPE OR PRINT NAME) (SIGNATURE/OF PARTY OR ATTORNEY) P (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) [:1 Additional signatures are attached. CM-11°IR°"~Jwy1-2°"I CASE MANAGEMENT STATEMENT "gm" Exhibit “A” Though due to closure for the holidays of the offices of the other parties’ attorneys they are unavailable to sign this statement, this statement refers to the stipulation reached by all counsel and thus is joint in that regard. It 1s presumed that all parties to this Action join in this Case Management Statement given the stipulation of all counsel discussed below. The parties to this action are four branches of the sarne family, one of which wishes to partition the Range Property owned in varying percentages by them. The action has been generally consensually referred to the Hon. Noel H. Watkins, Judge (Ret’ d) as referee by stipulation of the parties and order entered thereon on November 5, 2013, and he 1s now presiding over it. By stipulation and order filed herein, the parties, their designation as plaintiffs or defendants, and their representation are as follows: Plaintiffs Stephen Meline, IV, Robert J. Meline, Nelda F. Jessee, and Melanie G. Edgington are represented by Jody M. Burgess; Defendants Randall C. Meline and Joan Stoner, as Co-Trustees of the Edward Richard Meline and Charlene M. Meline Irrevocable Living Trust Agreement No. Two dated December 30, 1992, are represented by John Jeffery Carter; Defendant Linda G. Carlson, successor to Jack Meline, deceased, as Trustee of the Jack Meline Irrevocable Living Trust Dated December 30, 1992, is represented by Nels A. Christensen; and Defendants Ronald Rabo, Michael Rabo, Frederick Rabo, Mary Ann Rabo Schweiger, and Susan Miller are represented by Charleton S. Pearse. This action is now for partition of a large Butte County real property known as the “Range Property.” Previously, the action was broader in scope and involved partition of two (2) separate and additional real properties, known as the “Orchard Property” and the “Adobe Property.” On June 13, 2013, the partition action was severed into three separate actions, being Case No 127180A involving the Orchard Property, Case No. 127180C involving the Adobe Property, and this case. As a result of the extensive prior proceedings, and with the considerable assistance of the Referee, the partition of the Orchard Property has been completed, and the proceeding for partition of the Adobe Property has been dismissed. The remaining portion of the action involving the Range Property is complicated, complex and difi'rcult. There are multiple owners of the Range Property, which is large in size and varied in nature and terrain. The involved parties, again with the considerable assistance of the Referee (pursuant to express stipulation and consent of all parties, the Referee is actively participating in settlement efforts), have made a significant efl'ort to resolve, by settlement, the issues regarding the partition of the Range Property. For example, pursuant to express stipulation of the involved parties, the Referee and the parties have conducted mediation and, most recently, an all-day Settlement Conference (on December 1, 2014). Notwithstanding the considerable efforts of the involved parties and the Referee, the attempts to resolve the partition of the Range Property by agreement, the parties have been unable to conclude the action by settlement. A Status Conference was held by the Referee on December 14, 2015 and by agreement of- counsel and by the Referee, a schedule for briefing and hearings on the interlocutory judgment and dispositive motions and for trial, the latter be set to begin on October 17, 2016, was set. A stipulation and order thereon rs now being circulated arnong counsel. In summary, the considerable efforts of the parties and the Referee to resolve the partition of the Range Property by agreement have been unsuccessful, and although the parties may continue to pursue settlement, the expectation is that the matter will, following the completion of discovery on the bifurcated issues, proceed with trial before the Referee, pursuant to the previous order of general reference. The parties are all satisfied with the proceedings being conducted by the Referee and do not, at the present time, request any involvement of the Court. Consequently, if theCourt wishes to continue to monitor the action, it issuggested that another Case Management Conference be scheduled sufficiently far 1n the future to allow the parties to complete discovery on the bifurcated issues and obtain an interlocutory determination by the Referee as the manner of partition of the Range Property. Q PROOF OF SERVICE 9 Meline v. Meline, et al. Butte County Superior Court Case No. 127180 B 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 \OWQQMAWNH 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 Jody Burgess Christensen & Schwarz, LLP Burgess & Bogener 1 Governors Lane 1650 East Street Chico, CA 95926 Redding, CA 96001 Charleton S. Pearse Lenahan, Lee, Slater & Pearse, LLP 1030 Fifteenth Street, Suite 300 Sacramento, CA 95814 The following is the procedure in which service of this document was effected: X U.S. Postal Service (placing such envelope(s) with postage thereon fully prepaid in the designated area for outgoing mail in accordance with this oflice’s practice, whereby the mail is deposited in the U.S. mailbox in the City of Chico, California after the close of the day’s business). Federal Express gqoxubww~o~ooo§oxmawto~o Express Mail MNNNNNNN-HH-~——~ Personal Service Facsimile I declare under penalty of perjury that the foregoing is true and correct and that this document is executed at Chico, California on December 23, 2015. mauw/ NICOLE HEINDELL