Preview
CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name. Stale Bar number. and addmss) FOR COURT USE ONLY
John Jeffery Carter (SBN 079857)
Carter Law Office
P.0. Box 3606. Chico, CA 95927 5mm" 5W" ofGamma
F F
TELEPHONE N0 (530) 342-6196 FAX NO (Optional) Cuunly D‘ Butte
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E-MAIL ADDRESS (Optional)
See attached Exhibit "A"
SUPERIOR coum' OF CALIFORNIA, coum'v OF Butte
l-
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10/4/2018
10/4/2018 l-
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smear ADDRESS 1775 Concord Ave.
wuuus ADDRESS. Same as above
D.
Klm En r. Clerk D
cm AND ZIP wDE Chico, CA 95928
a,’ 0&p
Hafirnmcnm' 11w
ammon NAME Civil
PLAINTIFF/PETITIONER: Steven and Robert Meline, et al.
DEFENDANT/RESPONDENT: Randall c. Meline, et al‘
use NUMBER-
(Check one):
CASE MANAGEMENT STATEMENT
UNLIMITED CASE
(Amount demanded
I: ummso CASE
(Amount demanded is $25000
127180
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: October 26, 2018 Time- 10:30 am Dept‘: Div‘: Room:
Address of court (if different from the address above);
:I Notice of Intent to Appear by Telephone, by (name):
INSTRUCTIONS: All applicable boxes must be checked, and tho specified Information must be provided.
1. Pany or parties (answer one):
a, C] This statement is submitted by pany (name):
b. See attached Exhibit "A"
This statement is submitted lolntly by parties (names):
2. Complaint and cross-complaint (to be answered by plaintiffs and crass-complainants only)
a.
b. I:
The complaint was filed on (date): March 6, 2002
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 sewed. have appeared, or have been dismissed.
l:|
by
(1) I:
The following parties named in the complaint or cross-complaint
have not been served (specify names and exp/am why not):
(2) :I have been sewed but have not appeared and have not been dismissed (specify names}:
(3) [:1 have had a default entered against them (specify names):
c. E of involvement in case, and date by which
The following additional parties may be added (specify names, nature
they may be served):
4. Description of cage
3- TYPe 0f 6359
See attached
I" complaint
Exhibit "A"
:l cross-complaint (Descn'be, including causesof action):
P531 016
Form Adoptedvor Mandatory Usa
Judlcial Council of Oabfomia
CASE MANAGEMENT STATEMENT Cal Rules a! Court.
rules 3120-3130
CM-110[Rev July 1 2011] wwwaounsnagov
CM-11O
PLAINTIFF/PETITIONER: Steven and Robert Meline. et al. “55mm”
—
. 127180
DEFENDANT/RESPONDENT; Randall C. Mellne, et al.
4. b. Provide a brief stalement of the case, including any damages. (lfpersonal injury damages are sought.
specify the injury and
damages claimed, Including medical expenses to date [indicate source and amount]_estimated future medrcal expenses, lost
If equitable relief is sought. describe the nature of the relief.)
earnings to dale, and estimaled future lost earn/ngs.
See attached Exhibit "A."
5.
:l (If more space is needed,
Jury or nonjury trial
check this box and aNach a page designated as Attachment 4b.)
The party or parties request
requesting a jury trial):
I:| a jury trialIII a nonjury trial. (If more than one party, provide the name of each party
Not applicable: see attached Exhibit "A"
6. Trial date
a.
b.
l:|
|:|
The trial has been set for (date):
No trial date has been set. This case will be ready for trial within 12 months of the date of the filing of the complaint (if
not, explain}:
See attached Exhibit "A"
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
a,
b.
:I
The party or parties estimate that the trial will take (check one):
|:]
days (spegify number); See attached
hours (short causes) (specify):
EXhibil "A"
B. Trial representation (to be answered for each pany)
II]
The party or parties will be represented at trial
a. Attorney:
:I
by the attorney or party iisted in the caption by the following
b. Firm:
c. Address:
d‘ Telephone number: f. Fax number:
9.
I:
e. E-mail address:
Additional representation is described in Attachment 8.
Prefarance
g_ Party represented:
l I 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 l:| has not
to the client and reviewed ADR options with the ciient.
in rule 3.221
provided the ADR information package idenhfied
b.
(2} l:|
For self-represented parties: Party has I: has not reviewed the ADR information package identified in rule 3.221.
Referral to judicial arbitration or clvll action mediation (if available).
(1} |:] This matter is sub‘ect to mandatory judicial arbitration under Code of Civil Procedure section 1141.11 or to civil action
mediatior: under ode of Civil Procedure seciion 1775.3 because the amount in controversy does not exceed the
statutory imit.
(2} I: Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount specified in Code of
Civil Procedure section 1141.11.
(3} :I 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):
WW"- M '- 2°11] CASE MANAGEMENT STATEMENT ""1""
CM-110
PLAINTIFF/PETIT10NERI CASE NUMBER
_ Steven and Robert Meline, et al.
DEFENDANT/RESPONDENT:
127180
Randall C_ Melina, 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
Mediation session scheduled for (date)'
HEIDI]
(1) Mediation
Agreed to complete mediation by (date):
Mediation completed on (date): Ongoing mediation
Settlement conference not yet scheduled
(2) Settlement
conference
III EIUEIU
Settlement conference scheduled for (dale):
Agreed to complete settlement conference by (date):
Settlement conference completed on (date): Dec 1. 2014
Neutral evaluation not yet scheduled
(3) Neutral evaluation U Neutral evaluation scheduled for (date):
[IUIIIIII
Agreed to complete neutral evaluation by (date):
Neutral evaluation completed on (date):
Judicial arbitration not yet scheduled
(4) Nonbinding judicial
arbitration
E UUUU
Judicial arbitration scheduled for (date):
Agreed to complete judicial arbitration by (date):
Judicial arbitration completed on (dare):
Private arbitration not yet scheduled
(5) Binding private
arbitration
G [IIIIUU
Private arbitration scheduled for (date):
Agreed to complete private arbitration by (date):
Private arbitration completed on (date):
ADR session not yet scheduled
(6) Other (specify): D ADR session scheduled for (date):
[IUIIIIII
Agreed to complete ADR session by (date):
ADR completed on (date):
CM-1l0 [Rev July
12011] Pag-am
CASE MANAGEMENT STATEMENT
cud-.110
PLAINTIFF/PETITIONER: Steven and “8"- “UMBER
— Roben Meline, et al.
- 127180
DEFENDANT/RESPONDENT: Randall C. Mellne, et al.
11.Insurance
a. |:| Insurance carrier, if any, for party filing this statement (name):
b. Reservation of rights: |:| Yes |:| No
c4 [:I Coverage issues will significantly affect resolution of this case (explain);
12.Jurisdiction
Status:
Bankruptcy :I
Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status.
:1 Other (specify):
13‘ Related cases, consolidation, and coordination
a. [:1 There are companion‘ underlying. or related cases.
(1)Name of case:
(2)Name of court:
(3)Case number:
Status:
b.
I:
I:
(4)
A motion to :l
Additional cases are described in Attachment 13a.
consolidate |:| coordinate will be filed by (name party};
14.Bifurcation
l:| The party or parties intend to file a motion for an order bifurcating, severing
action (specify moving party, type of motion, and reasons):
or coordlnating the following issues or causes of
15 Other motions
|:| The party or pames expect to file the foHowing motions before trial (specify moving party, type of motion,
and issues).
16. Discovery
a. The party or pames have completed all discovery.
b. The foilowing discovery will be completed by the date specified (descnbe all anticipated discovery)‘
Pam Descrigtion Date
See attached Exhibit "A"
c‘ :1 The foilowing discovery issues,
anticipated(specify):
including issues regarding the discovery of electronically stored informatlon. are
CM-l IO [RSV JLiy1
2011] PIII 40H
CASE MANAGEMENT STATEMENT
CM-110
CASE "UMBER
PLAINTIFFIPETITIONER: Steven and Robert Meline, et al.
_ ‘ 127180
DEFENDANT/RESPONDENT‘ Randall C- Melm- et al-
17. Economic litigation
a.[:1 ThisCivilis a limited civil case (i.e90<98the amount demanded ls $25.000 or Jess) and the economic litigahon procedures in Code
,
b.I: of Procedure sectlons will apply to this case
This is a limited civil case and a motion to withdraw the case from the economlc litigation procedures or for additional
dIscovery Wl|| be filed (if checked. explain specifically wh y economic litigation procedures relating to discovery or trial
should no! apply to this case).-
18.
I:
Other issues
The pany 0f parties l‘ecluest that the followmg 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 alt subjects required by rule 3.724 of the California Rules
of Court (if not, explain).-
" "
See attached Exhibit
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
I am completely familiar with thls case and will be fully prepared to discuss the status of discovery and altematlve dlspute resolution,
as well as other issues raised by this statement, and wirl possess the authority to enter into stipulations on these issues at the time of
the case management conference. including the written authomy of the
Date: October 4, 2018
John Jeffery Carter
(TYPE OR PRINT NAME! PARTY OR ATTORNEY)
b
ITVPE OR PRINT NAME] (SIGNATURE OF PARTY OR ATTORNEY!
:1 Additional signatures are attached.
W 1° IR" WW1" CASE MANAGEMENT STATEMENT "I'M
Exhibit “A”
Though submitted by counsel 0n behalf of defendants Randall C. Meline and Joan Sloner, as Co-
Trustees of the Edward Richard Meline and Charlene M. Meline Irrevocable Trust dated December 30, I992,
all other parties lo this Action join in this Case Management Statement as they have done in the recent past.
The parties l0 this Action are four branches of the same family, one of which commenced the Action to
partition the Range Property that is the subject hereof and which is owned by the parties in varying percentages.
The Action has been generally consensually referred to the Hon. Noel H. Watkins, Judge (Rel‘d) as referee by
stipulation of the parties and order entered thereon 0n November 5, 20l3, and he is 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 Aaron W. Moore; Defendants Randall C. Meline and Joan Stoner, as Co-Truslees
of the Edward Richard Meline and Charlene M. Melina lrrevocable Living Trust Agreement N0. Two dated
December 30, I992, are represented by John Jeffery Carter; Defendant Linda G. Carlson, successor l0 Jack
Meline, deceased, as Trustee of the Jack Meline Irrevocable Living Trust Dated December 30, I992, is
represented by Nels A. Christensen; and Defendants Ronald Rabo, Michael Rabo, Frederick Rabo, Mary Ann
Rabo Schweiger, and Susan Miller are represented by Charlelon S. Pearse.
Trial in this matter commenced on February 21, 2017. After three days of trial, the parties agrced to the
compromise and settlement of their differences and disputes and of the Action‘ The compromise and settlement
was entered 0n the record and all parties and their allomeys 0f record accepted and agreed lo it.
The compromise and settlement agreement is conditioned upon the parties obtaining access easements
to the Range Property over an adjoining parcel, negotiation with the owners of which is now taking place. The
parties‘ allomeys have negotiated with the owners of the adjoining propeny in an effort l0 obtain these easements
for well over a year. To date, these negotiations have not been successful, and while one last effort will be made
lo obtain access easements through negotiation, it is quite likely litigation
shall be necessary. In such event, the
compromise and settlement shall be on hold pending the outcome of such litigation,
Presently Judge Watkins retains authority lo resolve any disputes among lhe parties over any specific
terms and conditions 0f the parties’ compromise and setilcmem. Judge Watkins has and will continue lo set
regular and routine status conferences with counsel to assure progress towards formalization of the parties’
agreement. If the condition precedent to the parties‘ compromise and settlement agreement cannol be satisfied.
it is presumed Judge Watkins will act as necessary to move this action to conclusion, including possibly resuming
trial of the matter.
Accordingly, counsel respectively request conlinuance of this Conference for at least 180 days, at which
time, it is hoped, the matter finally will be concluded.
PROOF OF SERVICE
Meline v. Meline, et al.
Butte County Superior Court Case N0. 127180 B
I am a citizen of the United States and am a resident of the County 0f Butte. I am over the age 0f 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 dale, I served the foregoing documenl(s) described as:
OOflQM-JAWN
Case Management Statement
On the parties below by placing a true copy thereof in a sealed envelope and served same on the
panics/counsel, addressed as follows:
Nels A. Christensen Aaron W. Moore
Christensen & Schwarz, LLP Moore & Bogener, Inc.
1 Governors Lane 1650 East Street
\O
Chico, CA 95926 Redding, CA 96001
10 Charleton S. Pearse
Lenahan, Lee, Slater, Pearse & Majernik, LLP
11 2542 River Plaza Drive
Sacramento, CA 95833
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13
The following is the procedure in which service of this document was effected:
14
X U.S. Postal Service (placing such envelope{s) with postage thereon fully prepaid in the
15 designated area for outgoing mail in accordance with this 0ffice’s practice, whereby the
mail is deposited in the U.S. mailbox in the City of Chico, California after the close of the
16 day’s business).
17 Federal Express
18 Express Mail
19 Personal Service
20 Facsimile
21
I declare under penalty of perjury that the foregoing is true and correct and that this document is
22 executed at Chico, California on October 4, 2018.
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NIQOLE HEINDELL
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