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SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
MINUTES
Jul 01, 2022 Department: 306
IN RE:
IN RE: SAN DIEGO COUNTY WATER Case Number: CPF-14-514004
AUTHORITY
Today’s Proceedings: Court Trial – Petitioner’s
Rebuttal Case; Day 12
Present:
Judge: ANNE-CHRISTINE MASSULLO Clerk: SHANIKA MONROE
Reporter: CYNTHIA DAMMANN, CSR #10610 Bailiff: NONE PRESENT
T: 415-981-3498
E: scheduling@janbrownassociates.com
Appearing:
Warren A. Braunig Barry W. Lee
Nicholas Goldberg Justin Jones Rodriguez
Max Alderman MANATT PHELS & PHILLIPS, LLP
KEKER VAN NEST & PETERS, LLP One Embarcadero Center, 30th Floor
633 Battery Street San Francisco, CA 94111
San Francisco, CA 94111-1809 T: 415-291-7450
T: 415-391-5400 E: bwlee@manatt.com
E: wbraunig@keker.com E: jjrodriguez@manatt.com
E: ngoldberg@keker.com
E: malderman@keker.com Heather Beatty
Patricia Quilizapas
For: PETITIONER SAN DIEGO COUNTY METROPLITAN WATER DISTRICT OF
WATER AUTHORITY SOUTHERN CALIFORNIA
700 N. Alameda St., 11th Floor
Los Angeles, CA 90012
T: 213-217-6279
E: hbeatty@metropolitanh2o.com
E: pquilizapa@mwdh2o.com
For: RESPONDENT METROPOLITAN WATER
DISTRICT OF SOUTHERN CALIFORNIA
The above -entitled cause comes on calendar this date having been continued from 06/24/2022 for further court trial
and presentation of Plaintiff’s Rebuttal Case.
09:17 AM – The Court, Court Personnel, Court Reporter, and Counsel are present in open court. Appearances are as
noted above. Today’s proceedings are reported.
Page 1
Case No. «CaseNumber» Date :«CourtDate»
Case Title :In Re: «CaseTitle»
Form: P001000
JASON BASS resumes testimony on behalf of Petitioner in rebuttal under direct examination. Witness remains
under oath.
The following exhibit is MARKED FOR IDENTIFICATION: Petitioner’s Exhibit No. PTX-1190
Please see Exhibit Record for full description of exhibit.
09:43 AM – Direct examination of witness concludes. The admission of Respondent’s Exhibit No. DTX3241 is
argued.
09:51 AM - The following exhibit is ADMITTED INTO EVIDENCE: Respondent’s Exhibit No. DTX-3241
Please see Exhibit Record for full description of exhibit.
Witness is under cross examination.
Witness is directed to previously admitted Respondent’s Exhibit No. DTX-2821
Witness is directed to previously admitted Respondent’s Exhibit No. DTX-3019
Witness is directed to previously admitted Respondent’s Exhibit No. DTX-3014
10:38 AM – Court stands in recess.
10:56 AM – Court reconvenes, all parties are present. JASON BASS resumes testimony on behalf of Petitioner
under cross examination.
Witness is directed to previously marked Petitioner’s Exhibit No. PTX-1190
The following exhibit is ADMITTED INTO EVIDENCE: Respondent’s Exhibit No. DTX-2718
Please see Exhibit Record for full description of exhibit.
Witness is directed to previously admitted Respondent’s Exhibit No. DTX-2718
Witness is directed to previously admitted Petitioner’s Exhibit No. PTX-1189
11:20 AM – The Court briefly examines the witness.
11:20 AM – Counsel for Petitioner ask follow up questions.
11:21 AM – The witness is excused. Pursuant to agreement by Petitioner, the following exhibits are ADMITTED
INTO EVIDENCE: Respondent’s Exhibit Nos. DTX-3266, DTX-3267, DTX-3271, DTX-3272, DTX-3280,
DTX-3281, DTX-3282, DTX-3283, DTX-3284, DTX-3285, DTX-3286, DTX-3287, DTX-3288, DTX-3289,
DTX-3290, DTX-3291, DTX-3292, and DTX-3293
Please see Exhibit Record for full description of exhibits.
The admission of Respondent’s Exhibit Nos. DTX-3299 and DTX-3300 is argued.
Court takes judicial notice of Respondent’s Exhibit No. DTX-3300.
The following exhibit is ADMITTED INTO EVIDENCE: Respondent’s Exhibit No. DTX-3300
Please see Exhibit Record for full description of exhibit.
Court and counsel confer re: the presentation of exhibits to be submitted to the Court.
11:34 AM – Court and counsel further confer re: the party’s stipulation re: previous agreement at Informal
Discovery Conference conducted on 04/15/2022. This issue remains open.
The Court has reviewed Respondent’s Exhibit No. DTX-3313. Court and counsel confer as set forth on the record.
11:47 AM – Respondent rests. Petitioner’s request to strike Respondent’s Exhibit No. DTX-3241 is argued and
DENIED.
11:49 AM – Petitioner rests.
Page 2
Case No. «CaseNumber» Date :«CourtDate»
Case Title :In Re: «CaseTitle»
Form: P001000
11:51 AM – Legislative history of the Water Code shall be submitted to the Court by the parties. Counsel shall
submit briefing by 08/19/2022. The Court orders this matter continued to 09/27/2022 at 09:30AM in Dept. 306 for
Closing Arguments. Court adjourns.
Page 3
Case No. «CaseNumber» Date :«CourtDate»
Case Title :In Re: «CaseTitle»
Form: P001000
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SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO MINUTES Jul 01, 2022 Department: 306 IN RE: IN RE: SAN DIEGO COUNTY WATER Case Number: CPF-14-514004 AUTHORITY Today’s Proceedings: Court Trial – Petitioner’s Rebuttal Case; Day 12 Present: Judge: ANNE-CHRISTINE MASSULLO Clerk: SHANIKA MONROE Reporter: CYNTHIA DAMMANN, CSR #10610 Bailiff: NONE PRESENT T: 415-981-3498 E: scheduling@janbrownassociates.com Appearing: Warren A. Braunig Barry W. Lee Nicholas Goldberg Justin Jones Rodriguez Max Alderman MANATT PHELS & PHILLIPS, LLP KEKER VAN NEST & PETERS, LLP One Embarcadero Center, 30th Floor 633 Battery Street San Francisco, CA 94111 San Francisco, CA 94111-1809 T: 415-291-7450 T: 415-391-5400 E: bwlee@manatt.com E: wbraunig@keker.com E: jjrodriguez@manatt.com E: ngoldberg@keker.com E: malderman@keker.com Heather Beatty Patricia Quilizapas For: PETITIONER SAN DIEGO COUNTY METROPLITAN WATER DISTRICT OF WATER AUTHORITY SOUTHERN CALIFORNIA 700 N. Alameda St., 11th Floor Los Angeles, CA 90012 T: 213-217-6279 E: hbeatty@metropolitanh2o.com E: pquilizapa@mwdh2o.com For: RESPONDENT METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA The above -entitled cause comes on calendar this date having been continued from 06/24/2022 for further court trial and presentation of Plaintiff’s Rebuttal Case. 09:17 AM – The Court, Court Personnel, Court Reporter, and Counsel are present in open court. Appearances are as noted above. Today’s proceedings are reported. Page 1 Case No. «CaseNumber» Date :«CourtDate» Case Title :In Re: «CaseTitle» Form: P001000 JASON BASS resumes testimony on behalf of Petitioner in rebuttal under direct examination. Witness remains under oath. The following exhibit is MARKED FOR IDENTIFICATION: Petitioner’s Exhibit No. PTX-1190 Please see Exhibit Record for full description of exhibit. 09:43 AM – Direct examination of witness concludes. The admission of Respondent’s Exhibit No. DTX3241 is argued. 09:51 AM - The following exhibit is ADMITTED INTO EVIDENCE: Respondent’s Exhibit No. DTX-3241 Please see Exhibit Record for full description of exhibit. Witness is under cross examination. Witness is directed to previously admitted Respondent’s Exhibit No. DTX-2821 Witness is directed to previously admitted Respondent’s Exhibit No. DTX-3019 Witness is directed to previously admitted Respondent’s Exhibit No. DTX-3014 10:38 AM – Court stands in recess. 10:56 AM – Court reconvenes, all parties are present. JASON BASS resumes testimony on behalf of Petitioner under cross examination. Witness is directed to previously marked Petitioner’s Exhibit No. PTX-1190 The following exhibit is ADMITTED INTO EVIDENCE: Respondent’s Exhibit No. DTX-2718 Please see Exhibit Record for full description of exhibit. Witness is directed to previously admitted Respondent’s Exhibit No. DTX-2718 Witness is directed to previously admitted Petitioner’s Exhibit No. PTX-1189 11:20 AM – The Court briefly examines the witness. 11:20 AM – Counsel for Petitioner ask follow up questions. 11:21 AM – The witness is excused. Pursuant to agreement by Petitioner, the following exhibits are ADMITTED INTO EVIDENCE: Respondent’s Exhibit Nos. DTX-3266, DTX-3267, DTX-3271, DTX-3272, DTX-3280, DTX-3281, DTX-3282, DTX-3283, DTX-3284, DTX-3285, DTX-3286, DTX-3287, DTX-3288, DTX-3289, DTX-3290, DTX-3291, DTX-3292, and DTX-3293 Please see Exhibit Record for full description of exhibits. The admission of Respondent’s Exhibit Nos. DTX-3299 and DTX-3300 is argued. Court takes judicial notice of Respondent’s Exhibit No. DTX-3300. The following exhibit is ADMITTED INTO EVIDENCE: Respondent’s Exhibit No. DTX-3300 Please see Exhibit Record for full description of exhibit. Court and counsel confer re: the presentation of exhibits to be submitted to the Court. 11:34 AM – Court and counsel further confer re: the party’s stipulation re: previous agreement at Informal Discovery Conference conducted on 04/15/2022. This issue remains open. The Court has reviewed Respondent’s Exhibit No. DTX-3313. Court and counsel confer as set forth on the record. 11:47 AM – Respondent rests. Petitioner’s request to strike Respondent’s Exhibit No. DTX-3241 is argued and DENIED. 11:49 AM – Petitioner rests. Page 2 Case No. «CaseNumber» Date :«CourtDate» Case Title :In Re: «CaseTitle» Form: P001000 11:51 AM – Legislative history of the Water Code shall be submitted to the Court by the parties. Counsel shall submit briefing by 08/19/2022. The Court orders this matter continued to 09/27/2022 at 09:30AM in Dept. 306 for Closing Arguments. Court adjourns. Page 3 Case No. «CaseNumber» Date :«CourtDate» Case Title :In Re: «CaseTitle» Form: P001000