Preview
CM-110
Anoauev on mm WITHOUT ArronNev (Name. Snare 5a, numbu. and amass): son counr use ONLY
John Jeffery Carter (SBN 079857)
Caner Law Ofce Superior Court of California
P.0. Box 3606, Chico. CA 95927 F F
(loamy a! Bum
I
(530) 342-61 96
I
TELEPHONE N0; FAx N0. repubnar;
E-MAIL ADDRESS {Optional}: L. 9/28/2020 L
E
‘0
See attached Exhibit "A"
ATTORNEY FOR (Name):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF Butte
E
1775 Concord Ave.
STREET ADDRESS: D Early nan C TIE!
D
Same as above
MAILING ADDRESS: BY
Chico. CA 95928
cITvANo ZIP CODE: gammy FILED DEW-“31
BRANCH NAME:
CM]
PLAINTIFF/PETiTIONER: Steven and Robert Meline. et al.
DEFENDANT/RESPONDENT: Randall c_ Meline, et al.
CASE MANAGEMENT STATEMENT CASE NUMBER
(Check one): UNLIMITED CASE C] LIMITED CASE 127180
(Amount demanded (Amount demanded is $25.000
exceeds $25.000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: October 14. 2020 Time: 10:30 am Dept: Div.: Room:
Address of court (if different from 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. m This statement is submitted by party (name):
b. This statement is submitted jointly by parties (names):
See attached Exhibit "A"
2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only)
a. The complaint was filed on (date):March 6. 2002
b. E The cross-complaint, if any. was ledon (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. C] The following parties named in the complaint or cross-complaint
(1) D have not been served (specify names and explain why not):
(2) D 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. D 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 ofcase In complaint D crosecomplaint (Describe. including causes erection).-
See attached Exhibit "A"
Page 1 of 5
Form Adopted To: Mammy Us.
Judicial Council of California CASE MANAGEMENT STATEMENT cm. auIes at Conn,
1120-3130
rules
CM-1 10 [Rev July 1. 201 1}
www.muns.ca.gov
CM-1 10
Steven and Robert Meline, et al. “SE "WEE"
_ PLAINTIFF/PETITIONER:
. 127180
DEFENDANT/RESPONDENT: Randall C. Mellne, et al.
4. b. Provide a brief statement of the case. including any damages. (”personal injury damages are sought. specify (he injury and
damages claimed, including medical expenses to date [indicate source and amount}, estimaled future medical expenses, Iosi
earnings to date, and estimated future lost earnings. If equitable relief is sought, describe the nature of the relief.)
See attached Exhibit 'A"
D (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 E a jury trial E a nonjury trial. (If more than one party. provide the name of each party
requesting ajury trial):
Not applicable; see attached Exhibit "A"
6. Trial date
a. E The trial has been set for (date):
b. E No trial date has been set. This case will be ready for triai within 12 months of the date of the ling
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
The party or parties estimate that the trial will take (check one):
a. E days (speci/ number): See attached Exhibit "A"
b. E hours (short causes) (specify):
8. Trial representation (to be answered for each party)
m
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:
E Additional representation is described in Attachment 8.
9. Preference
D This case is entitled to preference (specify code section):
10'.Alternative dispute resolution (ADR)
a. AOR 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 E has not provided the ADR information package identied
in rule 3.221 to the client and reviewed ADR options with the client.
(2) E
For self-represented parties: Party has E has not reviewed the ADR information package identied in rule 3.221.
ti. Referral tojudicial arbitration or civil action mediation (if available).
(1) E This matter is sub'ect to mandatoryjudicial arbitration under Code of Civ
under
Procedure section 1141 .11 or to civil action
ode of Civil Procedure section 1775.3 because the amount in controversy does not exceed the
mediation
statutoryimit.
(2) D 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) E 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-"NR-V-Ju'v 1101" CASE MANAGEMENT STATEMENT “Iv-"'5
EDDD
CM-110
_ PLAINTIFF/PETIT'ONERI Steven and Robert Meline. et al. CASE NUMBER:
127180
DEFENDANT/RESPONDENT: Randall C. 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
BEBE]
have already participated in (check all that apply and provide the specied
information):
The party or parties completing If the party or parties completing this form in the case have agreed to
this forrn are willing to participate in or have already oompleted 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!
Mediation session not yet scheduled
(1) Mediation m Mediation session scheduled for (date):
Agreed to complete mediation by (dale):
Mediation completed on (date): Ongoing mediation
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): Dec 1, 2014
DUDE
Neutra evaluation not yet scheduled
Neutra evaluation scheduled for (dale):
(3) Neutral evaluation
Agreed to complete neutral evaluation by (date):
Neutra evaluation completed on (date):
DUDE
Judicia arbitration not yet scheduled
Judicia arbitration scheduled for (date):
(4) Nonbinding judicial
arbitration
Agreed to complete judicial arbitration by (date):
Judicia arbitration completed on (date):
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 (dale):
ADR session not yet scheduled
ADR session scheduled for (date):
(6) Other (specify):
Agreed to complete ADR session by (dale):
ADR completed on (date):
CM-‘I 10 [Rem July 1. 201 1] Page 3 of 5
CASE MANAGEMENT STATEMENT
cm
PLAINTIFF/PETITIONERI Steven and Robert Meline, et al.
. 127180
DEFENDANT/RESPONDENT: Randall C. Melme, et al.
11. Insurance
a. E Insurance carrier.
if
'
any, for party filing this statement (name):
b. Reservation of rights: E Yes D No
c. E Coverage issues willsignicantly affect resolution of this case
(explain):
12.Jurisdlctlon
Indicate any matters that may affect the court's jurisdiction or processing of this case
and describe the status.
D Bankruptcy D Other (Specify):
Status:
13. Related cases. consolidation, and coordination
a. E There are companion. underlylng. or related cases.
(1) Name of case:
(2) Name of court:
(3) Case number:
(4) Status:
E Additional cases are described in Attachment 13a.
b. U A motion to E consolidate E coordlnate will be led by (name party):
14. Bifu rcatlon
E The party or parties intend to file a motion for an order bifurcating, severing. or coordinating the following issues or causes
action (specify moving party, type of motion, and reasons):
of
15. Other motions
D the following motions before trial (specify moving party, type of motion, and issues):
The party or parties expect to le
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):
Party Descriptign gag
See attached Exhibit "A"
c, D The following discovery issues. including issues regarding the-discovery of electronically stored information, are
anticipated (specify):
cu-noiaev..iuy2011]
1.
CASE MANAGEMENT STATEMENT Panel or 5
CM-1 10
PLAINTIFF/PETITIONER: Steven and Robert Meline+ et al. “5‘ "UMBER-
— . 1271 80
DEFENDANTIRESPONDENT: Randall C- Maurie. 9t al.
17. Economic lltigation
a. E This is a limited civil case (I'.e.. the amount demanded is 325.000 or iess) and the economic litigation procedures in Code
of Civil Procedure sections 90-98 will apply to this case.
b. E This is a limited civil case and a motion to wlhdraw the case from the economic litigation procedures or for additional
discovery will be led why economic litigation procedures relating to discovery or (rial
(if checked, explain specically
should not apply to this case):
18. Other Issues
D 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):
See attached Exhibit "A"
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 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 of-
equired
Date: September 28. 2020
John Jeffery Carter
/ x! //
{TYPE OR PRINT NAME]
_ _
If (SIGNATURE OF/ARTY 0R ATTORNEY}
[TYPE 0R PRINT DUNE) [SIGNATURE OF PARTY 0R ATTORNEY)
E Additional signatures are attached.
CM-110 lRev. July 1.2011]
CASE MANAGEMENT STATEMENT Pagesofs
Exhibit “A”
Though submitted by counsel on behalf of defendants Randall C. Meline and Joan Stoner, as Co-
Trustees of the Edward Richard Meline and Charlene M. Meline Irrevocable Trust dated December 30,
1992, the other defendants in thisAction join inthis Case Management Statement.
The parties to this Action are four branches ofthe same family, one of which Plaintiffs, commenced
the Action to partition the Range Property that is the subject hereof and which is owned by the parties in
varying percentages. The parties 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 and
Jeffery C. Swanson; Defendants Randall C. Meline and Joan Stoner, as Co-Trustees of the Edward Richard
Meline and Charlene M. Meline Irrevocable Living Trust Agreement N0. 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 currently represented
by Nels A. Christensen but due to his retirement from practicing law, John Jeffery Carter likely will
substitute in his place and stead as attorney for this defendant; and Defendants Ronald Rabo, Michael Rabo,
Frederick Rabo, Mary Ann Rabo Schweiger, and Susan Miller are represented by Charleton S. Pearse.
At the Pre-Tn'al Conference conducted herein on July 27, 2020, based on the parties’ consensus,
the Court determined that given the complexity of the issues involved, the number of experts who will be
called upon to testify, and the number of exhibits to be introduced, trial of this action would be “live” and
in person. The Court also ruled that trial would be dc novo, with discovery allowed pursuant to the Code of
Civil Procedure and subject to the parties’ discretion to limit their discovery of experts to investigations
done and opinions formed after the three days of trial previously conducted beginning February 21, 201 7,
reserving to itself authority to rule on such should diSpute arise among the parties.
Other issues were discussed, including, without limitation, possible encroachments on the southern
boundary of the Property. Concern was raised by Defendants that without these encroachments being joined
herein or otherwise resolved, the Property subj ect hereto would be and remain uncertain. Plaintiffs
responded that the summons herein had been published and thus any and all encroachers were thus subject
hereto, despite the date or dates of such encroachments. Defendants then asked, and subsequently have
asked, Plaintiffs for a copy of the proof of publication thereof, but Plaintiffs have yet to provide such.
(Defendants ask the Court to note both the caption of the Complaint herein [labeled “Cross
Complaint for Partition”] and the Summons’ Notice do not name or reference “any and allperson known
and unknown claiming an interest in the Property”)
The Court also encouraged counsel to meet and confer regarding these and other issues, which they
have done. 0n the issue of the encroachments, Plaintiffs do not intend to amend the Complaint to include
the encroachments, leaving Defendants no alternative but to commence such action themselves by way of
a new and separate action, then to move to consolidate it with this action.
Defendants also intend to commence an action against Plaintiffs for Plaintiffs’ ouster of them from
the use and enjoyment of the Property. Once led, that, too, for judicial economy, should be joined
herewith.
Due to the effects of the coronavirus pandemic, the Court, at the Pre-Trial Conference, set this
matter for this Case Management Conference. In light ofthe foregoing, this Action likely willsoon be more
complex than it currently is, with more parties and issues involved. Defendants accordingly and respectfully
request the Court to continue this Conference for 90 days.
PROOF OF SERVICE
Meline v. Meline, et al.
Butte County Superior Court Case No. 127180
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 isCARTER 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 Aaron W. Moore
Christensen & Schwarz, LLP Moore & Bogener, Inc.
l Governors Lane 1600 West Street
Chico, CA 95926 Redding, CA 96001
10
Charleton S. Pearse Jeffery J. Swanson
11
Lenahan, Lee, Slater, Pearse & Majernik, LLP Swanson Law Ofce
2542 River Plaza Drive 2515 Park Marina Drive, Ste. 102
12
Sacramento, CA 95833 Redding, CA 96001
13
The following is the procedure in which service of this document was effected:
14
15
_X_ U.S. Postal Service (placing such envelope(s) with postage thereon Jlly prepaid in the
designated area for outgoing mail in accordance with this ofce’s practice, whereby the
mail is deposited in the U.S. mailbox in the City of Chico, California aer the close of the
16
day’s business).
17
Federal Express
18
Express Mail
19
Personal Service
20 Facsimile
21
Electronic Mail - I caused the document(s) to be delivered via email to the ofces at the
above address. I did not receive within a reasonable time aer the transmission, any electronic
22
message or other indication that the transmission was unsuccessful.
23
I declare under penalty of perjury that the foregoing is true and corregt and that this document is
24 executed at Chico, California on September 28, 2020.
25
r
26
NICOLE HEINDELL
27
28
Preview
CM-110 Anoauev on mm WITHOUT ArronNev (Name. Snare 5a, numbu. and amass): son counr use ONLY John Jeffery Carter (SBN 079857) Caner Law Ofce Superior Court of California P.0. Box 3606, Chico. CA 95927 F F (loamy a! Bum I (530) 342-61 96 I TELEPHONE N0; FAx N0. repubnar; E-MAIL ADDRESS {Optional}: L. 9/28/2020 L E ‘0 See attached Exhibit "A" ATTORNEY FOR (Name): SUPERIOR COURT OF CALIFORNIA, COUNTY OF Butte E 1775 Concord Ave. STREET ADDRESS: D Early nan C TIE! D Same as above MAILING ADDRESS: BY Chico. CA 95928 cITvANo ZIP CODE: gammy FILED DEW-“31 BRANCH NAME: CM] PLAINTIFF/PETiTIONER: Steven and Robert Meline. et al. DEFENDANT/RESPONDENT: Randall c_ Meline, et al. CASE MANAGEMENT STATEMENT CASE NUMBER (Check one): UNLIMITED CASE C] LIMITED CASE 127180 (Amount demanded (Amount demanded is $25.000 exceeds $25.000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: October 14. 2020 Time: 10:30 am Dept: Div.: Room: Address of court (if different from 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. m This statement is submitted by party (name): b. This statement is submitted jointly by parties (names): See attached Exhibit "A" 2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) a. The complaint was filed on (date):March 6. 2002 b. E The cross-complaint, if any. was ledon (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. C] The following parties named in the complaint or cross-complaint (1) D have not been served (specify names and explain why not): (2) D 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. D 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 ofcase In complaint D crosecomplaint (Describe. including causes erection).- See attached Exhibit "A" Page 1 of 5 Form Adopted To: Mammy Us. Judicial Council of California CASE MANAGEMENT STATEMENT cm. auIes at Conn, 1120-3130 rules CM-1 10 [Rev July 1. 201 1} www.muns.ca.gov CM-1 10 Steven and Robert Meline, et al. “SE "WEE" _ PLAINTIFF/PETITIONER: . 127180 DEFENDANT/RESPONDENT: Randall C. Mellne, et al. 4. b. Provide a brief statement of the case. including any damages. (”personal injury damages are sought. specify (he injury and damages claimed, including medical expenses to date [indicate source and amount}, estimaled future medical expenses, Iosi earnings to date, and estimated future lost earnings. If equitable relief is sought, describe the nature of the relief.) See attached Exhibit 'A" D (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 E a jury trial E a nonjury trial. (If more than one party. provide the name of each party requesting ajury trial): Not applicable; see attached Exhibit "A" 6. Trial date a. E The trial has been set for (date): b. E No trial date has been set. This case will be ready for triai within 12 months of the date of the ling 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 The party or parties estimate that the trial will take (check one): a. E days (speci/ number): See attached Exhibit "A" b. E hours (short causes) (specify): 8. Trial representation (to be answered for each party) m 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: E Additional representation is described in Attachment 8. 9. Preference D This case is entitled to preference (specify code section): 10'.Alternative dispute resolution (ADR) a. AOR 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 E has not provided the ADR information package identied in rule 3.221 to the client and reviewed ADR options with the client. (2) E For self-represented parties: Party has E has not reviewed the ADR information package identied in rule 3.221. ti. Referral tojudicial arbitration or civil action mediation (if available). (1) E This matter is sub'ect to mandatoryjudicial arbitration under Code of Civ under Procedure section 1141 .11 or to civil action ode of Civil Procedure section 1775.3 because the amount in controversy does not exceed the mediation statutoryimit. (2) D 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) E 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-"NR-V-Ju'v 1101" CASE MANAGEMENT STATEMENT “Iv-"'5 EDDD CM-110 _ PLAINTIFF/PETIT'ONERI Steven and Robert Meline. et al. CASE NUMBER: 127180 DEFENDANT/RESPONDENT: Randall C. 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 BEBE] have already participated in (check all that apply and provide the specied information): The party or parties completing If the party or parties completing this form in the case have agreed to this forrn are willing to participate in or have already oompleted 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! Mediation session not yet scheduled (1) Mediation m Mediation session scheduled for (date): Agreed to complete mediation by (dale): Mediation completed on (date): Ongoing mediation 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): Dec 1, 2014 DUDE Neutra evaluation not yet scheduled Neutra evaluation scheduled for (dale): (3) Neutral evaluation Agreed to complete neutral evaluation by (date): Neutra evaluation completed on (date): DUDE Judicia arbitration not yet scheduled Judicia arbitration scheduled for (date): (4) Nonbinding judicial arbitration Agreed to complete judicial arbitration by (date): Judicia arbitration completed on (date): 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 (dale): ADR session not yet scheduled ADR session scheduled for (date): (6) Other (specify): Agreed to complete ADR session by (dale): ADR completed on (date): CM-‘I 10 [Rem July 1. 201 1] Page 3 of 5 CASE MANAGEMENT STATEMENT cm PLAINTIFF/PETITIONERI Steven and Robert Meline, et al. . 127180 DEFENDANT/RESPONDENT: Randall C. Melme, et al. 11. Insurance a. E Insurance carrier. if ' any, for party filing this statement (name): b. Reservation of rights: E Yes D No c. E Coverage issues willsignicantly affect resolution of this case (explain): 12.Jurisdlctlon Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status. D Bankruptcy D Other (Specify): Status: 13. Related cases. consolidation, and coordination a. E There are companion. underlylng. or related cases. (1) Name of case: (2) Name of court: (3) Case number: (4) Status: E Additional cases are described in Attachment 13a. b. U A motion to E consolidate E coordlnate will be led by (name party): 14. Bifu rcatlon E The party or parties intend to file a motion for an order bifurcating, severing. or coordinating the following issues or causes action (specify moving party, type of motion, and reasons): of 15. Other motions D the following motions before trial (specify moving party, type of motion, and issues): The party or parties expect to le 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): Party Descriptign gag See attached Exhibit "A" c, D The following discovery issues. including issues regarding the-discovery of electronically stored information, are anticipated (specify): cu-noiaev..iuy2011] 1. CASE MANAGEMENT STATEMENT Panel or 5 CM-1 10 PLAINTIFF/PETITIONER: Steven and Robert Meline+ et al. “5‘ "UMBER- — . 1271 80 DEFENDANTIRESPONDENT: Randall C- Maurie. 9t al. 17. Economic lltigation a. E This is a limited civil case (I'.e.. the amount demanded is 325.000 or iess) and the economic litigation procedures in Code of Civil Procedure sections 90-98 will apply to this case. b. E This is a limited civil case and a motion to wlhdraw the case from the economic litigation procedures or for additional discovery will be led why economic litigation procedures relating to discovery or (rial (if checked, explain specically should not apply to this case): 18. Other Issues D 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): See attached Exhibit "A" 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 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 of- equired Date: September 28. 2020 John Jeffery Carter / x! // {TYPE OR PRINT NAME] _ _ If (SIGNATURE OF/ARTY 0R ATTORNEY} [TYPE 0R PRINT DUNE) [SIGNATURE OF PARTY 0R ATTORNEY) E Additional signatures are attached. CM-110 lRev. July 1.2011] CASE MANAGEMENT STATEMENT Pagesofs Exhibit “A” Though submitted by counsel on behalf of defendants Randall C. Meline and Joan Stoner, as Co- Trustees of the Edward Richard Meline and Charlene M. Meline Irrevocable Trust dated December 30, 1992, the other defendants in thisAction join inthis Case Management Statement. The parties to this Action are four branches ofthe same family, one of which Plaintiffs, commenced the Action to partition the Range Property that is the subject hereof and which is owned by the parties in varying percentages. The parties 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 and Jeffery C. Swanson; Defendants Randall C. Meline and Joan Stoner, as Co-Trustees of the Edward Richard Meline and Charlene M. Meline Irrevocable Living Trust Agreement N0. 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 currently represented by Nels A. Christensen but due to his retirement from practicing law, John Jeffery Carter likely will substitute in his place and stead as attorney for this defendant; and Defendants Ronald Rabo, Michael Rabo, Frederick Rabo, Mary Ann Rabo Schweiger, and Susan Miller are represented by Charleton S. Pearse. At the Pre-Tn'al Conference conducted herein on July 27, 2020, based on the parties’ consensus, the Court determined that given the complexity of the issues involved, the number of experts who will be called upon to testify, and the number of exhibits to be introduced, trial of this action would be “live” and in person. The Court also ruled that trial would be dc novo, with discovery allowed pursuant to the Code of Civil Procedure and subject to the parties’ discretion to limit their discovery of experts to investigations done and opinions formed after the three days of trial previously conducted beginning February 21, 201 7, reserving to itself authority to rule on such should diSpute arise among the parties. Other issues were discussed, including, without limitation, possible encroachments on the southern boundary of the Property. Concern was raised by Defendants that without these encroachments being joined herein or otherwise resolved, the Property subj ect hereto would be and remain uncertain. Plaintiffs responded that the summons herein had been published and thus any and all encroachers were thus subject hereto, despite the date or dates of such encroachments. Defendants then asked, and subsequently have asked, Plaintiffs for a copy of the proof of publication thereof, but Plaintiffs have yet to provide such. (Defendants ask the Court to note both the caption of the Complaint herein [labeled “Cross Complaint for Partition”] and the Summons’ Notice do not name or reference “any and allperson known and unknown claiming an interest in the Property”) The Court also encouraged counsel to meet and confer regarding these and other issues, which they have done. 0n the issue of the encroachments, Plaintiffs do not intend to amend the Complaint to include the encroachments, leaving Defendants no alternative but to commence such action themselves by way of a new and separate action, then to move to consolidate it with this action. Defendants also intend to commence an action against Plaintiffs for Plaintiffs’ ouster of them from the use and enjoyment of the Property. Once led, that, too, for judicial economy, should be joined herewith. Due to the effects of the coronavirus pandemic, the Court, at the Pre-Trial Conference, set this matter for this Case Management Conference. In light ofthe foregoing, this Action likely willsoon be more complex than it currently is, with more parties and issues involved. Defendants accordingly and respectfully request the Court to continue this Conference for 90 days. PROOF OF SERVICE Meline v. Meline, et al. Butte County Superior Court Case No. 127180 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 isCARTER 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 Aaron W. Moore Christensen & Schwarz, LLP Moore & Bogener, Inc. l Governors Lane 1600 West Street Chico, CA 95926 Redding, CA 96001 10 Charleton S. Pearse Jeffery J. Swanson 11 Lenahan, Lee, Slater, Pearse & Majernik, LLP Swanson Law Ofce 2542 River Plaza Drive 2515 Park Marina Drive, Ste. 102 12 Sacramento, CA 95833 Redding, CA 96001 13 The following is the procedure in which service of this document was effected: 14 15 _X_ U.S. Postal Service (placing such envelope(s) with postage thereon Jlly prepaid in the designated area for outgoing mail in accordance with this ofce’s practice, whereby the mail is deposited in the U.S. mailbox in the City of Chico, California aer the close of the 16 day’s business). 17 Federal Express 18 Express Mail 19 Personal Service 20 Facsimile 21 Electronic Mail - I caused the document(s) to be delivered via email to the ofces at the above address. I did not receive within a reasonable time aer the transmission, any electronic 22 message or other indication that the transmission was unsuccessful. 23 I declare under penalty of perjury that the foregoing is true and corregt and that this document is 24 executed at Chico, California on September 28, 2020. 25 r 26 NICOLE HEINDELL 27 28