Preview
ELECTRONICALLY FILED
Superior Court of California
County of Santa Barbara
1 PACHOWICZ|GOLDENRING Darrel E. Parker, Executive Officer
A PROFESSIONAL LAW CORPORATION 7/12/2022 2:49 PM
2 PETER A. GOLDENRING (Bar No. 79387) By: Narzralli Baksh, Deputy
peter@gopro-law.com
3 6050 Seahawk Street
Ventura, California 93003
4 Telephone: 805.642.6702
Facsimile: 805.642.3145
5
DOWNEY BRAND LLP
6 KEVIN M. O’BRIEN (Bar No. 122713)
kobrien@downeybrand.com
7 MEREDITH E. NIKKEL (Bar No. 254818)
mnikkel@downeybrand.com
8 BRIAN E. HAMILTON (Bar No. 295994)
bhamilton@downeybrand.com
9 HOLLY E. TOKAR (Bar No. 334288)
htokar@downeybrand.com
10 621 Capitol Mall, 18th Floor
Sacramento, California 95814
11 Telephone: 916.444.1000
Facsimile: 916.444.2100
12
DOWNEY BRAND LLP
Attorneys for Petitioner and Plaintiff LAS
13 POSAS BASIN WATER RIGHTS COALITION
14 SUPERIOR COURT OF THE STATE OF CALIFORNIA
15 COUNTY OF SANTA BARBARA
16
17 LAS POSAS BASIN WATER RIGHTS Case No. 21CV03714
COALITION, an unincorporated association,
18 Related Case Nos. VENCI0050970;
Petitioner and Plaintiff, 20CV02036
19
v. NOTICE OF MOTION AND MOTION TO
20 STRIKE OR TAX COSTS
FOX CANYON GROUNDWATER
21 MANAGEMENT AGENCY, a public entity, Date: September 21, 2022
Time: 10:00 a.m.
22 Respondent and Defendant. Dept: 3
Judge: Honorable Thomas P. Anderle
23
DOES 1-100, Assigned for all purposes to the Honorable
24 Thomas P. Anderle, Dept. 3
Real Parties in Interest.
25 Action Filed: September 17, 2021
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1815774v1 1
NOTICE OF MOTION AND MOTION TO STRIKE OR TAX COSTS
1 TO ALL PARTIES AND THEIR ATTORNEY OF RECORD:
2 PLEASE TAKE NOTICE that at the above-stated date and time in, or as soon thereafter as
3 counsel may be heard, in Department 3 of the above-captioned Court, located at 1100 Anacapa
4 Street, Santa Barbara, California, Plaintiff and Petitioner LAS POSAS BASIN WATER RIGHTS
5 COALITION (“Petitioner”) will and hereby does move this Court to strike or tax costs presented
6 by Defendant and Respondent FOX CANYON GROUNDWATER MANAGEMENT AGENCY
7 (“Fox Canyon”) in its memorandum of costs submitted to this Court on June 23, 2022.
8 Said motion will be made on the grounds that Fox Canyon is not entitled to costs for
9 preparation of a record of decision under Public Resources Code section 21167.6 and Fox Canyon
10 failed to provide any explanation of the basis of its costs. Petitioner is therefore unable to discern
11 the reasonableness thereof.
12 This Motion is based on this Notice of Motion and on the Memorandum of Points and
DOWNEY BRAND LLP
13 Authorities and Declaration of Brian E. Hamilton, filed concurrently herewith, all of the pleadings,
14 files, and records in this proceeding, all other matters of which the Court may take judicial notice,
15 and any argument or evidence that may be presented to or considered by the Court prior to its
16 ruling.
17
18 DATED: July 12, 2022 DOWNEY BRAND LLP
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By:
21 BRIAN E. HAMILTON
Attorneys for Petitioner and Plaintiff LAS POSAS
22 BASIN WATER RIGHTS COALITION
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1815774v1 2
NOTICE OF MOTION AND MOTION TO STRIKE OR TAX COSTS
1 PROOF OF SERVICE
2 Las Posas Basin Water Rights Coalition v. Fox Canyon Groundwater Management Agency
Case No. 21CV03714
3
STATE OF CALIFORNIA, COUNTY OF SACRAMENTO
4
At the time of service, I was over 18 years of age and not a party to this action. I am
5 employed in the County of Sacramento, State of California. My business address is 621 Capitol
Mall, 18th Floor, Sacramento, CA 95814.
6
On July 12, 2022, I served true copies of the following document(s) described as NOTICE OF
7 MOTION AND MOTION TO STRIKE OR TAX COSTS on the interested parties in this
action as follows:
8 SEE ATTACHED SERVICE LIST
9 BY MAIL: I enclosed the document(s) in a sealed envelope or package addressed to the
persons at the addresses listed in the Service List and placed the envelope for collection and
10 mailing, following our ordinary business practices. I am readily familiar with the practice of
Downey Brand LLP for collecting and processing correspondence for mailing. On the same day
11 that correspondence is placed for collection and mailing, it is deposited in the ordinary course of
business with the United States Postal Service, in a sealed envelope with postage fully prepaid. I
12 am a resident or employed in the county where the mailing occurred. The envelope was placed in
DOWNEY BRAND LLP
the mail at Sacramento, California.
13
BY E-MAIL OR ELECTRONIC TRANSMISSION: I caused a copy of the
14 document(s) to be sent from e-mail address hmills@downeybrand.com to the persons at the e-mail
addresses listed in the Service List. I did not receive, within a reasonable time after the
15 transmission, any electronic message or other indication that the transmission was unsuccessful.
16 I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
17
Executed on July 12, 2022, at Sacramento, California.
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20 Holly Mills
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NOTICE OF MOTION AND MOTION TO STRIKE OR TAX COSTS
1 SERVICE LIST
Las Posas Basin Water Rights Coalition v. Fox Canyon Groundwater Management Agency
2 Case No. 21CV03714
3 Elizabeth P. Ewens
Timothy Taylor
4 Janeele S.H. Krattiger
Heraclio Pimentel
5 STOEL RIVES LLP
500 Capitol Mall, Suite 1600
6 Sacramento, CA 95814
elizabeth.ewens@stoel.com
7 tim.taylor@stoel.com
janelle.krattiger@stoel.com
8 heraclio.pimentel@stoel.com
9 Attorneys for Respondent/Defendant Fox
Canyon Groundwater Management Agency
10
11 Peter A. Goldenring
Mark R. Pachowicz
12 PACHOWICZ GOLDENRING, PLC
DOWNEY BRAND LLP
6050 Seahawk St.
13
Ventura, CA 93003-6622
14 805-642-6702
peter@gopro-law.com
15
Attorneys for Petitioner and Plaintiff
16 Las Posas Basin Water Rights Coalition
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NOTICE OF MOTION AND MOTION TO STRIKE OR TAX COSTS
Preview
ELECTRONICALLY FILED Superior Court of California County of Santa Barbara 1 PACHOWICZ|GOLDENRING Darrel E. Parker, Executive Officer A PROFESSIONAL LAW CORPORATION 7/12/2022 2:49 PM 2 PETER A. GOLDENRING (Bar No. 79387) By: Narzralli Baksh, Deputy peter@gopro-law.com 3 6050 Seahawk Street Ventura, California 93003 4 Telephone: 805.642.6702 Facsimile: 805.642.3145 5 DOWNEY BRAND LLP 6 KEVIN M. O’BRIEN (Bar No. 122713) kobrien@downeybrand.com 7 MEREDITH E. NIKKEL (Bar No. 254818) mnikkel@downeybrand.com 8 BRIAN E. HAMILTON (Bar No. 295994) bhamilton@downeybrand.com 9 HOLLY E. TOKAR (Bar No. 334288) htokar@downeybrand.com 10 621 Capitol Mall, 18th Floor Sacramento, California 95814 11 Telephone: 916.444.1000 Facsimile: 916.444.2100 12 DOWNEY BRAND LLP Attorneys for Petitioner and Plaintiff LAS 13 POSAS BASIN WATER RIGHTS COALITION 14 SUPERIOR COURT OF THE STATE OF CALIFORNIA 15 COUNTY OF SANTA BARBARA 16 17 LAS POSAS BASIN WATER RIGHTS Case No. 21CV03714 COALITION, an unincorporated association, 18 Related Case Nos. VENCI0050970; Petitioner and Plaintiff, 20CV02036 19 v. NOTICE OF MOTION AND MOTION TO 20 STRIKE OR TAX COSTS FOX CANYON GROUNDWATER 21 MANAGEMENT AGENCY, a public entity, Date: September 21, 2022 Time: 10:00 a.m. 22 Respondent and Defendant. Dept: 3 Judge: Honorable Thomas P. Anderle 23 DOES 1-100, Assigned for all purposes to the Honorable 24 Thomas P. Anderle, Dept. 3 Real Parties in Interest. 25 Action Filed: September 17, 2021 26 27 28 1815774v1 1 NOTICE OF MOTION AND MOTION TO STRIKE OR TAX COSTS 1 TO ALL PARTIES AND THEIR ATTORNEY OF RECORD: 2 PLEASE TAKE NOTICE that at the above-stated date and time in, or as soon thereafter as 3 counsel may be heard, in Department 3 of the above-captioned Court, located at 1100 Anacapa 4 Street, Santa Barbara, California, Plaintiff and Petitioner LAS POSAS BASIN WATER RIGHTS 5 COALITION (“Petitioner”) will and hereby does move this Court to strike or tax costs presented 6 by Defendant and Respondent FOX CANYON GROUNDWATER MANAGEMENT AGENCY 7 (“Fox Canyon”) in its memorandum of costs submitted to this Court on June 23, 2022. 8 Said motion will be made on the grounds that Fox Canyon is not entitled to costs for 9 preparation of a record of decision under Public Resources Code section 21167.6 and Fox Canyon 10 failed to provide any explanation of the basis of its costs. Petitioner is therefore unable to discern 11 the reasonableness thereof. 12 This Motion is based on this Notice of Motion and on the Memorandum of Points and DOWNEY BRAND LLP 13 Authorities and Declaration of Brian E. Hamilton, filed concurrently herewith, all of the pleadings, 14 files, and records in this proceeding, all other matters of which the Court may take judicial notice, 15 and any argument or evidence that may be presented to or considered by the Court prior to its 16 ruling. 17 18 DATED: July 12, 2022 DOWNEY BRAND LLP 19 20 By: 21 BRIAN E. HAMILTON Attorneys for Petitioner and Plaintiff LAS POSAS 22 BASIN WATER RIGHTS COALITION 23 24 25 26 27 28 1815774v1 2 NOTICE OF MOTION AND MOTION TO STRIKE OR TAX COSTS 1 PROOF OF SERVICE 2 Las Posas Basin Water Rights Coalition v. Fox Canyon Groundwater Management Agency Case No. 21CV03714 3 STATE OF CALIFORNIA, COUNTY OF SACRAMENTO 4 At the time of service, I was over 18 years of age and not a party to this action. I am 5 employed in the County of Sacramento, State of California. My business address is 621 Capitol Mall, 18th Floor, Sacramento, CA 95814. 6 On July 12, 2022, I served true copies of the following document(s) described as NOTICE OF 7 MOTION AND MOTION TO STRIKE OR TAX COSTS on the interested parties in this action as follows: 8 SEE ATTACHED SERVICE LIST 9 BY MAIL: I enclosed the document(s) in a sealed envelope or package addressed to the persons at the addresses listed in the Service List and placed the envelope for collection and 10 mailing, following our ordinary business practices. I am readily familiar with the practice of Downey Brand LLP for collecting and processing correspondence for mailing. On the same day 11 that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service, in a sealed envelope with postage fully prepaid. I 12 am a resident or employed in the county where the mailing occurred. The envelope was placed in DOWNEY BRAND LLP the mail at Sacramento, California. 13 BY E-MAIL OR ELECTRONIC TRANSMISSION: I caused a copy of the 14 document(s) to be sent from e-mail address hmills@downeybrand.com to the persons at the e-mail addresses listed in the Service List. I did not receive, within a reasonable time after the 15 transmission, any electronic message or other indication that the transmission was unsuccessful. 16 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 17 Executed on July 12, 2022, at Sacramento, California. 18 19 20 Holly Mills 21 22 23 24 25 26 27 28 1815774v1 3 NOTICE OF MOTION AND MOTION TO STRIKE OR TAX COSTS 1 SERVICE LIST Las Posas Basin Water Rights Coalition v. Fox Canyon Groundwater Management Agency 2 Case No. 21CV03714 3 Elizabeth P. Ewens Timothy Taylor 4 Janeele S.H. Krattiger Heraclio Pimentel 5 STOEL RIVES LLP 500 Capitol Mall, Suite 1600 6 Sacramento, CA 95814 elizabeth.ewens@stoel.com 7 tim.taylor@stoel.com janelle.krattiger@stoel.com 8 heraclio.pimentel@stoel.com 9 Attorneys for Respondent/Defendant Fox Canyon Groundwater Management Agency 10 11 Peter A. Goldenring Mark R. Pachowicz 12 PACHOWICZ GOLDENRING, PLC DOWNEY BRAND LLP 6050 Seahawk St. 13 Ventura, CA 93003-6622 14 805-642-6702 peter@gopro-law.com 15 Attorneys for Petitioner and Plaintiff 16 Las Posas Basin Water Rights Coalition 17 18 19 20 21 22 23 24 25 26 27 28 1815774v1 4 NOTICE OF MOTION AND MOTION TO STRIKE OR TAX COSTS