Preview
Late Filed
CM-110
ATTORNEY OR PARTY THOUT ATTORNEY (Name, Slaie Sar number and addn ss)
VVI
FOR COURT USE ONLY
Aaron W. Moore, State Bar No. 248566
Moore & Bogener, Inc.
1600 West Street, Redding, CA 96001
~ELE~~O~E No. (530) 605-0355 FAX
(530) 605 3693
No (optonal)
E.MAIL ADDRESS (Oplronal)
Plaintiffs
ATTORNEY FOR (Name) 10/1/2020
sUPERIDR CDURT QF CALIFDRNIA, coUNTY QF BUTTE
s~REE~AooREss 1775 Concord Avenue
MAILING ADDRESS
ciTYANDEigcoca Chico, CA 95928
BRANCH
NAME'LAINTIFF/pETITIONER:
Stephen Meline, IV,et al.
DEFENDANT/REsPQNDENT: Randall C. Meline, et al.
CASE MANAGEMENT STATEMENT CASE NUMBER
(Check one)( IK UNLIMITED CASE
(Amount demanded
H LIMITED CASE
(Amount demanded is $ 25,000
127180
exceeds $ 25,000) orless)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: October 14, 2020 Time: 10:30 a.m. Dept.: 10 Divx Room:
Address of court address above):
((f Clfferen( from (he
Notice of Intent to Appear by Telephone, by (name)( Aaron W. Moore or Jeffery J. Swanson
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
1.
a.
b.
~
Party or parties (answer one):
~y
This statement is submitted by party (name):
This statement is submitted jointly by parties (names):
Plaintiffs
2. Complaint and cross-complaint ((o be answered by p/aintiffs and cross-comp(a(nan(s on(y)
a.
b. ~
The complaint was filed on (de(e):March 6, 2002
The cross-complaint, if any, was filed on (da(e):
3. Service (to be answered by plaintiffs and cross-comp(a(nants on(y)
a.
b. ~
~y All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed.
The following parties named in the complaint or cross-complaint
(1) M have not been served (spec(fy names Bnd exp(ain why no():
(2) ~ have been served but have not appeared and have not been dismissed (specrfy names):
(3) ~ have had a default entered against them (specify names):
c. ~ The following additional parties may be added (spec((y names, nature ofinvo(vemen(in case, and date by which
they may be served):
4. Description of case
a. Type of case in ~x complaint cross-complaint (Descr(be, including causes of action)
Complaint for partition.
Pane 1 of 5
Form Adopted fo Mandatory Use
Judtoal Counol of Caltfomta CASE MANAGEMENT STATEMENT Cal Rules of Coun,
CM 110 IRev July 1,2011) r les 3 720-3 730
www cauda ca gov
CM-110
PLAINTIFF/PETITIONER Stephen Meline, IV, et al. CASE NUMBER
DEFENDANT/RESPONDENT. Randall C.
127180
Meline, et al.
4. b. Provide a brief statement of the case, including any damages. (If personal ihjury damages are sought, specify the injury and
damages claimed, Including medical expenses fo date (Indicate 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)
Plaintiffs seek partition of a ranch consisting of approximately 4500 acres.
(If more space is needed, check this box and attach a page designated as Attachment 4b j
Jury or nonjury trial
The party or parties request
requesting a jury trial):
~ a jury trial~I a nonjury tnal. (If more than one party, provide the
name of each party
a.
b.
~
Trial date
~ The trial has been set for (dale):
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):
c. Dates on which parties or attorneys will not be available for trial (specify dates and explain
reasons for unavai/ability):
January 2021 (2 trials); June 2021 (2 trials); August 2021 (trial)
Estimated length of trial
a.
b.
~
The party or parties estimate that the trial will take (check one):
~ days (specify number): 12
hours (short causes) (specify):
s. Attorney:
~
Trial representation (lo 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:
b. Firm:
c. Address:
d. Telephone number: f. Fax number:
e E-mail address:
Party represented:
g.
Additional representation is described in Attachment 8.
Preference
This case is entitled to preference (specify code section)
10. Alternativedispute 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: CounselEZ has M has not
in rule 3.221 to the chent and reviewed ADR options with the client
provided the ADR information package identified
(2) M
For self-represented parties: Party has H has not reviewed the ADR information package identified in rule 3 221.
b.
(1) ~
Referral to judicial arbitration or civil action mediation (if available).
This matter is subject to mandatory judicial arbitration under Code of Civil Procedure section 1141.11 or to evil action
mediation under Code of Civil Procedure section 1775.3 because the amount in controversy does not exceed the
statutory limit.
(2) ~ Plaintiff elects to refer this
case to judiaal arbitration and agrees to
Procedure section 1141.11.
Civil
hmit recovery tothe amount specifiedin Code of
(3) ~ This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Court or from evil action
mediation under Code of Civil Procedure section 1775 et seq. (specify exemption):
CM-110 [Rey July I, 2011i
CASE IIIIANAGEMENT STATEMENT Page 2 of 5
CM-110
PLAINTIFF/PETITIONER: Stephen Meline, IV, et al.
CASE NUMBER
EFENDANT/RESPONDENT. Randall C. Meline, et al. 127180
!
10 c. Indicate the ADR process or processes that the party or parties are willing to participate
in,have agreed to participatein, or
have already participatedin(check all that apply and provide the specified
information).'he
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 (sltach a copy of the parties'DR
processes (check all that apply):stipulation):
Mediation session not yet scheduled
Mediation session scheduled for (dare):
(1) Mediation
Agreed to complete mediation by (dafe):
Mediation completed on (date):
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): Dec. 1, 2014
Neutral evaluation not yet scheduled
Neutral evaluation scheduled for (dale):
(3) Neutral evaluation
Agreed to complete neutral evaluation by (dafe):
Neutral evaluation completed on (dafe).
Judicial arbitration not yet scheduled
(4) Nonbinding judicial Judicial arbitration scheduled for (dale):
arbitration
Agreed to complete judicial arbitration by (date):
Judicial arbitration completed on (dale):
Private arbitration not yet scheduled
(5) Binding private Private arbitration scheduled for (dafe):
arbitration
Agreed to complete private arbitration by (dafe):
Pnvate arbitration completed on (dare)'1
ADR session not yet scheduled
ADR session scheduled for (dale):
(6) Other (spewfy):
Agreed to complete ADR session by (dale):
ADR completed on (date).
CM-110 IReu July
1 2011]
CASE MANAGEMENT STATEMENT Page acre
CM-11I1
PLAINTIFF/PETITIQNER: StePhen Meline, et al.
t
IV, NUMBER'271BO
DEFENDANTIRESPONDENT. Randall C. Meline, et al.
11.
a. ~
Insurance
Insurance carrier, if any, for party filing this statement (name).
M (explain).'ASE
b.
c. ~Reservation of nghts: C7 Yes No
Coverage issues will significantly affect resolution of this case
12. Jurisdiction
~
Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status.
Status:
Bankruptcy H Other (specify):
13
~
Related cases, consolidation, and coordination
There are companion, underlying, or related cases.
(1) Name of case:
(2) Name of court:
(3) Case number.
b.
~
C3
(4) Status:
Additionalcases are described
A motion to ~ in
consolidate ~
Attachment 13a.
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.
~
Other motions
The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):
MMotions in Limine
16.
a.
b.
~
Discovery
~V
The party or parties have completed all discovery.
The following discovery will be completed by the date specified (describe ail anticipated discovery):
~Part Descriotion Date
Plaintiffs Party and Witness Depositions Per Code
Plaintiffs Expert Witness Discovery Per Code
c ~v The following discovery issues,
including issues regarding the discovery of electronically stored information, are
anticipated (specify):
The parties anticipate minimal discovery regarding changed conditions related to events occurring
post-conditional settlement date.
CM-110 IReJuly 1, 201 f]
CASE MANAGEMENT STATEMENT Page 6 ore
CNI-110
pLAINTIFF/pETITIONER: Stephen Meline, IV,et al. CASE NUMBER
127180
DEFENDANT/REsPQNDENT'andall C. Meline, et al.
17.
a. ~
Economic litigation
This is a limited mvil case (i.e., the amount demanded is $ 25,000 or less) and the economic litigation procedures in Code
b, ~ of Civil Procedure sections 90-98 will apply to this case.
This is a limited civil case and a motion to withdraw the case from the economic litigation procedures or for additional
discovery will be filed (if checked, explain specifically why economic litigation procedures relating to discovery or trial
should nof 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):
19 Meet and confer
a, ~Z The party or parties have met and conferred with all parties on all subjects required by rule 3.724 of the Cahfornia Rules
of Court (if nof, explain):
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):
Iam 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 authonty of the party where required.
Date: October 1, 2020
AARON W. MOORE
(TYPE OR PRINT NAME)
(SIGNATURE OF PARTY OR ATTORNEY)
(TYPE OR PRIM NAMEI
~ (SIGNAT(IRE OF PARTY OR ATTORNEY)
Additional signatures are attached.
CM-110 [Reu July I, 2011]
CASE MANAGEMENT STATEMENT Page 5 of 5
Re: Meline v. Meline [¹5788]
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 1600 West
Street, Redding, CA 96001; on this date I served:
CASE MANAGEMENT STATEMENT
X 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.
10 FAX: Ipersonally sent to the addressee's facsimile number indicated a true copy of
the above-described document(s).
11
X ELECTRONIC SERVICE: by causing such document to be served electronically to the
12
addresses listed below.
13
14 Charleton S. Pearse John .Ieffery Carter
LENAHAN, SLATER, PEARSE 86 CARTER LAW OFFICE
15
MAJERNIK, LLP P. O. Box 3606
16 2542 River Plaza Drive Chico, CA 95927-3606
Sacramento, CA 95833 (530) 342-6195
17 (916) 443-0869 Email: jeft+ajjcarterlaw.corn
Email: coearseirnlenahanlaw.net
18
Jeffery J. Swanson Nels A. Christensen
SWANSON LAW OFFICE CHRISTENSEN & SCHWARZ, LLP
20 2515 Park Marina Drive, Stc. 102 I Governors Lane
Redding, CA 96001 Chico, CA 95926
21
Email: jeffQiswansonlaw.corn (530) 343-6454
22 Email: cslaw2@att net
23
I declare under penalty of perjury under the laws of the State of California that the
24
foregoing is true and correct. Executed October I, 2020, at Redding, California.
25
26
27
vsse I
Preview
Late Filed CM-110 ATTORNEY OR PARTY THOUT ATTORNEY (Name, Slaie Sar number and addn ss) VVI FOR COURT USE ONLY Aaron W. Moore, State Bar No. 248566 Moore & Bogener, Inc. 1600 West Street, Redding, CA 96001 ~ELE~~O~E No. (530) 605-0355 FAX (530) 605 3693 No (optonal) E.MAIL ADDRESS (Oplronal) Plaintiffs ATTORNEY FOR (Name) 10/1/2020 sUPERIDR CDURT QF CALIFDRNIA, coUNTY QF BUTTE s~REE~AooREss 1775 Concord Avenue MAILING ADDRESS ciTYANDEigcoca Chico, CA 95928 BRANCH NAME'LAINTIFF/pETITIONER: Stephen Meline, IV,et al. DEFENDANT/REsPQNDENT: Randall C. Meline, et al. CASE MANAGEMENT STATEMENT CASE NUMBER (Check one)( IK UNLIMITED CASE (Amount demanded H LIMITED CASE (Amount demanded is $ 25,000 127180 exceeds $ 25,000) orless) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: October 14, 2020 Time: 10:30 a.m. Dept.: 10 Divx Room: Address of court address above): ((f Clfferen( from (he Notice of Intent to Appear by Telephone, by (name)( Aaron W. Moore or Jeffery J. Swanson INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. a. b. ~ Party or parties (answer one): ~y This statement is submitted by party (name): This statement is submitted jointly by parties (names): Plaintiffs 2. Complaint and cross-complaint ((o be answered by p/aintiffs and cross-comp(a(nan(s on(y) a. b. ~ The complaint was filed on (de(e):March 6, 2002 The cross-complaint, if any, was filed on (da(e): 3. Service (to be answered by plaintiffs and cross-comp(a(nants on(y) a. b. ~ ~y All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. The following parties named in the complaint or cross-complaint (1) M have not been served (spec(fy names Bnd exp(ain why no(): (2) ~ have been served but have not appeared and have not been dismissed (specrfy names): (3) ~ have had a default entered against them (specify names): c. ~ The following additional parties may be added (spec((y names, nature ofinvo(vemen(in case, and date by which they may be served): 4. Description of case a. Type of case in ~x complaint cross-complaint (Descr(be, including causes of action) Complaint for partition. Pane 1 of 5 Form Adopted fo Mandatory Use Judtoal Counol of Caltfomta CASE MANAGEMENT STATEMENT Cal Rules of Coun, CM 110 IRev July 1,2011) r les 3 720-3 730 www cauda ca gov CM-110 PLAINTIFF/PETITIONER Stephen Meline, IV, et al. CASE NUMBER DEFENDANT/RESPONDENT. Randall C. 127180 Meline, et al. 4. b. Provide a brief statement of the case, including any damages. (If personal ihjury damages are sought, specify the injury and damages claimed, Including medical expenses fo date (Indicate 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) Plaintiffs seek partition of a ranch consisting of approximately 4500 acres. (If more space is needed, check this box and attach a page designated as Attachment 4b j Jury or nonjury trial The party or parties request requesting a jury trial): ~ a jury trial~I a nonjury tnal. (If more than one party, provide the name of each party a. b. ~ Trial date ~ The trial has been set for (dale): 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): c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavai/ability): January 2021 (2 trials); June 2021 (2 trials); August 2021 (trial) Estimated length of trial a. b. ~ The party or parties estimate that the trial will take (check one): ~ days (specify number): 12 hours (short causes) (specify): s. Attorney: ~ Trial representation (lo 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: b. Firm: c. Address: d. Telephone number: f. Fax number: e E-mail address: Party represented: g. Additional representation is described in Attachment 8. Preference This case is entitled to preference (specify code section) 10. Alternativedispute 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: CounselEZ has M has not in rule 3.221 to the chent and reviewed ADR options with the client provided the ADR information package identified (2) M For self-represented parties: Party has H has not reviewed the ADR information package identified in rule 3 221. b. (1) ~ Referral to judicial arbitration or civil action mediation (if available). This matter is subject to mandatory judicial arbitration under Code of Civil Procedure section 1141.11 or to evil action mediation under Code of Civil Procedure section 1775.3 because the amount in controversy does not exceed the statutory limit. (2) ~ Plaintiff elects to refer this case to judiaal arbitration and agrees to Procedure section 1141.11. Civil hmit recovery tothe amount specifiedin Code of (3) ~ This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Court or from evil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): CM-110 [Rey July I, 2011i CASE IIIIANAGEMENT STATEMENT Page 2 of 5 CM-110 PLAINTIFF/PETITIONER: Stephen Meline, IV, et al. CASE NUMBER EFENDANT/RESPONDENT. Randall C. Meline, et al. 127180 ! 10 c. Indicate the ADR process or processes that the party or parties are willing to participate in,have agreed to participatein, or have already participatedin(check all that apply and provide the specified information).'he 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 (sltach a copy of the parties'DR processes (check all that apply):stipulation): Mediation session not yet scheduled Mediation session scheduled for (dare): (1) Mediation Agreed to complete mediation by (dafe): Mediation completed on (date): 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): Dec. 1, 2014 Neutral evaluation not yet scheduled Neutral evaluation scheduled for (dale): (3) Neutral evaluation Agreed to complete neutral evaluation by (dafe): Neutral evaluation completed on (dafe). Judicial arbitration not yet scheduled (4) Nonbinding judicial Judicial arbitration scheduled for (dale): arbitration Agreed to complete judicial arbitration by (date): Judicial arbitration completed on (dale): Private arbitration not yet scheduled (5) Binding private Private arbitration scheduled for (dafe): arbitration Agreed to complete private arbitration by (dafe): Pnvate arbitration completed on (dare)'1 ADR session not yet scheduled ADR session scheduled for (dale): (6) Other (spewfy): Agreed to complete ADR session by (dale): ADR completed on (date). CM-110 IReu July 1 2011] CASE MANAGEMENT STATEMENT Page acre CM-11I1 PLAINTIFF/PETITIQNER: StePhen Meline, et al. t IV, NUMBER'271BO DEFENDANTIRESPONDENT. Randall C. Meline, et al. 11. a. ~ Insurance Insurance carrier, if any, for party filing this statement (name). M (explain).'ASE b. c. ~Reservation of nghts: C7 Yes No Coverage issues will significantly affect resolution of this case 12. Jurisdiction ~ Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status. Status: Bankruptcy H Other (specify): 13 ~ Related cases, consolidation, and coordination There are companion, underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number. b. ~ C3 (4) Status: Additionalcases are described A motion to ~ in consolidate ~ Attachment 13a. 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. ~ Other motions The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): MMotions in Limine 16. a. b. ~ Discovery ~V The party or parties have completed all discovery. The following discovery will be completed by the date specified (describe ail anticipated discovery): ~Part Descriotion Date Plaintiffs Party and Witness Depositions Per Code Plaintiffs Expert Witness Discovery Per Code c ~v The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): The parties anticipate minimal discovery regarding changed conditions related to events occurring post-conditional settlement date. CM-110 IReJuly 1, 201 f] CASE MANAGEMENT STATEMENT Page 6 ore CNI-110 pLAINTIFF/pETITIONER: Stephen Meline, IV,et al. CASE NUMBER 127180 DEFENDANT/REsPQNDENT'andall C. Meline, et al. 17. a. ~ Economic litigation This is a limited mvil case (i.e., the amount demanded is $ 25,000 or less) and the economic litigation procedures in Code b, ~ of Civil Procedure sections 90-98 will apply to this case. This is a limited civil case and a motion to withdraw the case from the economic litigation procedures or for additional discovery will be filed (if checked, explain specifically why economic litigation procedures relating to discovery or trial should nof 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): 19 Meet and confer a, ~Z The party or parties have met and conferred with all parties on all subjects required by rule 3.724 of the Cahfornia Rules of Court (if nof, explain): 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): Iam 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 authonty of the party where required. Date: October 1, 2020 AARON W. MOORE (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) (TYPE OR PRIM NAMEI ~ (SIGNAT(IRE OF PARTY OR ATTORNEY) Additional signatures are attached. CM-110 [Reu July I, 2011] CASE MANAGEMENT STATEMENT Page 5 of 5 Re: Meline v. Meline [¹5788] 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 1600 West Street, Redding, CA 96001; on this date I served: CASE MANAGEMENT STATEMENT X 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. 10 FAX: Ipersonally sent to the addressee's facsimile number indicated a true copy of the above-described document(s). 11 X ELECTRONIC SERVICE: by causing such document to be served electronically to the 12 addresses listed below. 13 14 Charleton S. Pearse John .Ieffery Carter LENAHAN, SLATER, PEARSE 86 CARTER LAW OFFICE 15 MAJERNIK, LLP P. O. Box 3606 16 2542 River Plaza Drive Chico, CA 95927-3606 Sacramento, CA 95833 (530) 342-6195 17 (916) 443-0869 Email: jeft+ajjcarterlaw.corn Email: coearseirnlenahanlaw.net 18 Jeffery J. Swanson Nels A. Christensen SWANSON LAW OFFICE CHRISTENSEN & SCHWARZ, LLP 20 2515 Park Marina Drive, Stc. 102 I Governors Lane Redding, CA 96001 Chico, CA 95926 21 Email: jeffQiswansonlaw.corn (530) 343-6454 22 Email: cslaw2@att net 23 I declare under penalty of perjury under the laws of the State of California that the 24 foregoing is true and correct. Executed October I, 2020, at Redding, California. 25 26 27 vsse I