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SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
MINUTES
Jun 24, 2022 Department: 306
IN RE:
IN RE: SAN DIEGO COUNTY WATER Case Number: CPF-14-514004
AUTHORITY
Today’s Proceedings: Court Trial – Respondent’s
Case; Day 11
Present:
Judge: ANNE-CHRISTINE MASSULLO Clerk: SHANIKA MONROE
Reporter: HEATHER BAUTISTA, CSR #11600 Bailiff: NONE PRESENT
T: 408-315-7811
E: missioncitycourtreporting@gmail.com
Appearing:
Warren A. Braunig Barry W. Lee
Nicholas Goldberg Justin Jones Rodriguez
Julia L. Greenberg MANATT PHELS & PHILLIPS, LLP
Max Alderman One Embarcadero Center, 30th Floor
KEKER VAN NEST & PETERS, LLP San Francisco, CA 94111
633 Battery Street 415-291-7450
San Francisco, CA 94111-1809 bwlee@manatt.com
415-391-5400 jjrodriguez@manatt.com
wbraunig@keker.com
ngoldberg@keker.com Heather Beatty
jgreenberg@keker.com Marcia Scully
malderman@keker.com Patricia Quilizapas
METROPLITAN WATER DISTRICT OF SOUTHERN
For: PETITIONER SAN DIEGO COUNTY WATER CALIFORNIA
AUTHORITY 700 N. Alameda St., 11th Floor
Los Angeles, CA 90012
213-217-6279
hbeatty@metropolitanh2o.com
mscully@metropolitanh2o.com
pquilizapa@mwdh2o.com
For: RESPONDENT METROPOLITAN WATER
DISTRICT OF SOUTHERN CALIFORNIA
The above -entitled cause comes on calendar this date having been continued from 06/03/2022 for further court trial
and presentation of Respondent’s case.
Page 1
Case No. «CaseNumber» Date :«CourtDate»
Case Title :In Re: «CaseTitle»
Form: P001000
The Court, Court Personnel, and Counsel are present in open court. Appearances are as noted above. Today’s
proceedings are reported.
09:13 AM – Joint Stipulation and Order re: Further Extension of Time to File Motion for Attorneys’ Fees in
Connection with Appeal Nos. A161144 and A162168 is GRANTED. Proposed order signed in open court.
Hearing on motion will not be scheduled pursuant to the agreement of the parties. Counsel shall meet and confer to
prepare a stipulation and proposed order.
Petitioner’s Motion to Exclude Further Direct Testimony from John Scott and Other Untimely, Inadmissible and
Prejudicial Evidence and Opposition by Respondent are filed, reviewed by Court and Petitioner’s motion is
DENIED. Court does not hear argument as to its ruling.
Counsel for Petitioner indicate exhibits in which there need not be any foundation laid. Pursuant to the stipulation of
the parties, the following exhibits are ADMITTED INTO EVIDENCE: Respondent’s Exhibit Nos. DTX3245,
DTX3246, DTX3247, DTX3248, DTX3249, DTX3250, DTX3251, DTX3252, DTX3274, DTX3275, DTX3276,
DTX3277, DTX3278, DTX3253, DTX3254, DTX3255, DTX3256, DTX3257, DTX3258, DTX3259, DTX3279,
DTX3260, DTX3261, DTX3262, DTX3263, DTX3264, DTX3265, DTX3301, DTX3302, DTX3303, DTX3306,
DTX3308, DTX3309, DTX3310, DTX3311, and DTX3312
Please see Exhibit Record for full description of exhibit.
Petitioner objects to the admission of Respondent’s Exhibit Nos. DTX3314, DTX3313, DTX3298, DTX3329,
DTX3300
Pursuant to further stipulation of the parties, the following exhibits are ADMITTED INTO EVIDENCE:
Respondent’s Exhibit Nos. DTX3234, DTX3235, DTX3236, DTX3268, DTX3269, DTX3270, DTX3273
Please see Exhibit Record for full description of exhibit.
The admission of Respondent’s Exhibit Nos. DTX3313 and DTX3314 is argued.
THE COURT OVERRULES PETITIONER’S OBJECTIONS. FOUNDATION STILL NEEDS TO BE LAID.
Counsel to meet and confer to resolve the admission of exhibits, discovery issues previously agreed upon at informal
discovery conference, and stipulation as to the causes of action.
09:33 AM – Counsel for both sides present Mini-Opening Statements to the Court to provide current status and
phase of trial.
09:45 AM – Petitioner withdraws its objections to Respondent’s Exhibit Nos. DTX3313 and DTX3314. Pursuant to
the stipulation of the parties the following exhibits are ADMITTED INTO EVIDENCE: Respondent’s Exhibit
Nos. DTX3313 and DTX3314. Please see Exhibit Record for full description of exhibit.
Court and counsel continue to confer re: exhibits.
09:47 AM – JOHN SCOTT resumes the stand to testify on behalf of Respondent under cross-examination. Direct
examination concluded on 06/03/2022. Witness remains under oath.
Deposition Transcript of Witness John Scott is read from Page 29, Line 23 thru Page 30, Line 7.
Deposition Transcript of Witness John Scott is read from Page 177, Line 17 thru Page 178, Line 7
Deposition Transcript of Witness John Scott is read from Page 83, Lines 17 thru 85
Witness is directed to previously admitted Petitioner’s Exhibit No. PTX0841
Witness is directed to previously admitted Petitioner’s Exhibit No. PTX0065
Witness is directed to previously admitted Petitioner’s Exhibit No. PTX0067
10:40 AM – Court stands in recess.
10:55 AM – Court reconvenes, all parties are present. JOHN SCOTT continues under cross-examination.
Page 2
Case No. «CaseNumber» Date :«CourtDate»
Case Title :In Re: «CaseTitle»
Form: P001000
Witness is directed to previously admitted Petitioner’s Exhibit No. PTX0898
The following exhibits are MARKED/ADMITTED INTO EVIDENCE: Petitioner’s Exhibit No. PTX0902
Please see Exhibit Record for full description of exhibit.
Witness is directed to previously admitted Petitioner’s Exhibit No. PTX0702A
Witness is directed to previously admitted Petitioner’s Exhibit No. PTX1153
11:22 AM – Cross examination of witness concludes. The admission of demonstrative evidence, DTX3298 is
argued.
COURT ALLOWS THE ADMISSION OF DTX3298
The following exhibits are ADMITTED INTO EVIDENCE: Respondent’s Exhibit No. DTX3298
Please see Exhibit Record for full description of exhibit.
Witness JOHN SCOTT resumes testimony under further cross examination.
11:27 PM – Witness is under re-direct examination.
Witness is directed to previously admitted Petitioner’s Exhibit No. DTX3298
Witness is directed to previously admitted Petitioner’s Exhibit No. PTX0898
Witness is directed to previously admitted Petitioner’s Exhibit No. PTX0902
11:31 AM – The witness is excused, subject to recall. Respondent rests, subject to the admission of exhibits and
issues discussed on the record.
Petitioner files Motion for Partial Judgment Pursuant to CCP 631.8 in open court.
Petitioner makes an offer of proof and presents its position on four issues raised in its motion.
Respondent reserves argument, Opposition to Motion for Partial Judgment Pursuant to CCP 631.8 to be filed
forthwith.
11:45 AM – Court and counsel confer re: briefing schedule.
11:47 AM – JASON BASS is sworn to testify on behalf of Petitioner in rebuttal under direct examination.
11:56 AM – Court declares noon recess.
01:27 AM – Court reconvenes, all parties are present. Witness resumes testimony under direct examination.
Witness is directed to previously admitted Petitioner’s Exhibit No. PTX0702A
Witness is directed to previously admitted Petitioner’s Exhibit No. PTX0702C
The following exhibits are ADMITTED INTO EVIDENCE: Petitioner’s Exhibit Nos. PTX1187 and PTX1188
Please see Exhibit Record for full description of exhibit.
Witness is directed to previously admitted Petitioner’s Exhibit No. PTX1175A
The following exhibits is ADMITTED INTO EVIDENCE: Petitioner’s Exhibit No. PTX1175B
The following exhibits is MARKED FOR IDENTIFICATION: Petitioner’s Exhibit No. PTX1191
The following exhibits is MARKED/ADMITTED INTO EVIDENCE: Petitioner’s Exhibit No. PTX1189
Please see Exhibit Record for full description of exhibit.
Witness is directed to previously admitted Respondent’s Exhibit No. DTX2718
Witness is directed to previously admitted Respondent’s Exhibit No. DTX3298
Witness is directed to previously admitted Petitioner’s Exhibit No. PTX1171
Witness is directed to previously admitted Respondent’s Exhibit No. DTX2821
Page 3
Case No. «CaseNumber» Date :«CourtDate»
Case Title :In Re: «CaseTitle»
Form: P001000
02:29 PM – Court forgoes an evacuation. Court trial halts. The Court orders matter continued to 07/01/2022 at
09:00AM in Dept. 306 for further court trial. Court adjourns.
Page 4
Case No. «CaseNumber» Date :«CourtDate»
Case Title :In Re: «CaseTitle»
Form: P001000
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Preview
SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO MINUTES Jun 24, 2022 Department: 306 IN RE: IN RE: SAN DIEGO COUNTY WATER Case Number: CPF-14-514004 AUTHORITY Today’s Proceedings: Court Trial – Respondent’s Case; Day 11 Present: Judge: ANNE-CHRISTINE MASSULLO Clerk: SHANIKA MONROE Reporter: HEATHER BAUTISTA, CSR #11600 Bailiff: NONE PRESENT T: 408-315-7811 E: missioncitycourtreporting@gmail.com Appearing: Warren A. Braunig Barry W. Lee Nicholas Goldberg Justin Jones Rodriguez Julia L. Greenberg MANATT PHELS & PHILLIPS, LLP Max Alderman One Embarcadero Center, 30th Floor KEKER VAN NEST & PETERS, LLP San Francisco, CA 94111 633 Battery Street 415-291-7450 San Francisco, CA 94111-1809 bwlee@manatt.com 415-391-5400 jjrodriguez@manatt.com wbraunig@keker.com ngoldberg@keker.com Heather Beatty jgreenberg@keker.com Marcia Scully malderman@keker.com Patricia Quilizapas METROPLITAN WATER DISTRICT OF SOUTHERN For: PETITIONER SAN DIEGO COUNTY WATER CALIFORNIA AUTHORITY 700 N. Alameda St., 11th Floor Los Angeles, CA 90012 213-217-6279 hbeatty@metropolitanh2o.com mscully@metropolitanh2o.com pquilizapa@mwdh2o.com For: RESPONDENT METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA The above -entitled cause comes on calendar this date having been continued from 06/03/2022 for further court trial and presentation of Respondent’s case. Page 1 Case No. «CaseNumber» Date :«CourtDate» Case Title :In Re: «CaseTitle» Form: P001000 The Court, Court Personnel, and Counsel are present in open court. Appearances are as noted above. Today’s proceedings are reported. 09:13 AM – Joint Stipulation and Order re: Further Extension of Time to File Motion for Attorneys’ Fees in Connection with Appeal Nos. A161144 and A162168 is GRANTED. Proposed order signed in open court. Hearing on motion will not be scheduled pursuant to the agreement of the parties. Counsel shall meet and confer to prepare a stipulation and proposed order. Petitioner’s Motion to Exclude Further Direct Testimony from John Scott and Other Untimely, Inadmissible and Prejudicial Evidence and Opposition by Respondent are filed, reviewed by Court and Petitioner’s motion is DENIED. Court does not hear argument as to its ruling. Counsel for Petitioner indicate exhibits in which there need not be any foundation laid. Pursuant to the stipulation of the parties, the following exhibits are ADMITTED INTO EVIDENCE: Respondent’s Exhibit Nos. DTX3245, DTX3246, DTX3247, DTX3248, DTX3249, DTX3250, DTX3251, DTX3252, DTX3274, DTX3275, DTX3276, DTX3277, DTX3278, DTX3253, DTX3254, DTX3255, DTX3256, DTX3257, DTX3258, DTX3259, DTX3279, DTX3260, DTX3261, DTX3262, DTX3263, DTX3264, DTX3265, DTX3301, DTX3302, DTX3303, DTX3306, DTX3308, DTX3309, DTX3310, DTX3311, and DTX3312 Please see Exhibit Record for full description of exhibit. Petitioner objects to the admission of Respondent’s Exhibit Nos. DTX3314, DTX3313, DTX3298, DTX3329, DTX3300 Pursuant to further stipulation of the parties, the following exhibits are ADMITTED INTO EVIDENCE: Respondent’s Exhibit Nos. DTX3234, DTX3235, DTX3236, DTX3268, DTX3269, DTX3270, DTX3273 Please see Exhibit Record for full description of exhibit. The admission of Respondent’s Exhibit Nos. DTX3313 and DTX3314 is argued. THE COURT OVERRULES PETITIONER’S OBJECTIONS. FOUNDATION STILL NEEDS TO BE LAID. Counsel to meet and confer to resolve the admission of exhibits, discovery issues previously agreed upon at informal discovery conference, and stipulation as to the causes of action. 09:33 AM – Counsel for both sides present Mini-Opening Statements to the Court to provide current status and phase of trial. 09:45 AM – Petitioner withdraws its objections to Respondent’s Exhibit Nos. DTX3313 and DTX3314. Pursuant to the stipulation of the parties the following exhibits are ADMITTED INTO EVIDENCE: Respondent’s Exhibit Nos. DTX3313 and DTX3314. Please see Exhibit Record for full description of exhibit. Court and counsel continue to confer re: exhibits. 09:47 AM – JOHN SCOTT resumes the stand to testify on behalf of Respondent under cross-examination. Direct examination concluded on 06/03/2022. Witness remains under oath. Deposition Transcript of Witness John Scott is read from Page 29, Line 23 thru Page 30, Line 7. Deposition Transcript of Witness John Scott is read from Page 177, Line 17 thru Page 178, Line 7 Deposition Transcript of Witness John Scott is read from Page 83, Lines 17 thru 85 Witness is directed to previously admitted Petitioner’s Exhibit No. PTX0841 Witness is directed to previously admitted Petitioner’s Exhibit No. PTX0065 Witness is directed to previously admitted Petitioner’s Exhibit No. PTX0067 10:40 AM – Court stands in recess. 10:55 AM – Court reconvenes, all parties are present. JOHN SCOTT continues under cross-examination. Page 2 Case No. «CaseNumber» Date :«CourtDate» Case Title :In Re: «CaseTitle» Form: P001000 Witness is directed to previously admitted Petitioner’s Exhibit No. PTX0898 The following exhibits are MARKED/ADMITTED INTO EVIDENCE: Petitioner’s Exhibit No. PTX0902 Please see Exhibit Record for full description of exhibit. Witness is directed to previously admitted Petitioner’s Exhibit No. PTX0702A Witness is directed to previously admitted Petitioner’s Exhibit No. PTX1153 11:22 AM – Cross examination of witness concludes. The admission of demonstrative evidence, DTX3298 is argued. COURT ALLOWS THE ADMISSION OF DTX3298 The following exhibits are ADMITTED INTO EVIDENCE: Respondent’s Exhibit No. DTX3298 Please see Exhibit Record for full description of exhibit. Witness JOHN SCOTT resumes testimony under further cross examination. 11:27 PM – Witness is under re-direct examination. Witness is directed to previously admitted Petitioner’s Exhibit No. DTX3298 Witness is directed to previously admitted Petitioner’s Exhibit No. PTX0898 Witness is directed to previously admitted Petitioner’s Exhibit No. PTX0902 11:31 AM – The witness is excused, subject to recall. Respondent rests, subject to the admission of exhibits and issues discussed on the record. Petitioner files Motion for Partial Judgment Pursuant to CCP 631.8 in open court. Petitioner makes an offer of proof and presents its position on four issues raised in its motion. Respondent reserves argument, Opposition to Motion for Partial Judgment Pursuant to CCP 631.8 to be filed forthwith. 11:45 AM – Court and counsel confer re: briefing schedule. 11:47 AM – JASON BASS is sworn to testify on behalf of Petitioner in rebuttal under direct examination. 11:56 AM – Court declares noon recess. 01:27 AM – Court reconvenes, all parties are present. Witness resumes testimony under direct examination. Witness is directed to previously admitted Petitioner’s Exhibit No. PTX0702A Witness is directed to previously admitted Petitioner’s Exhibit No. PTX0702C The following exhibits are ADMITTED INTO EVIDENCE: Petitioner’s Exhibit Nos. PTX1187 and PTX1188 Please see Exhibit Record for full description of exhibit. Witness is directed to previously admitted Petitioner’s Exhibit No. PTX1175A The following exhibits is ADMITTED INTO EVIDENCE: Petitioner’s Exhibit No. PTX1175B The following exhibits is MARKED FOR IDENTIFICATION: Petitioner’s Exhibit No. PTX1191 The following exhibits is MARKED/ADMITTED INTO EVIDENCE: Petitioner’s Exhibit No. PTX1189 Please see Exhibit Record for full description of exhibit. Witness is directed to previously admitted Respondent’s Exhibit No. DTX2718 Witness is directed to previously admitted Respondent’s Exhibit No. DTX3298 Witness is directed to previously admitted Petitioner’s Exhibit No. PTX1171 Witness is directed to previously admitted Respondent’s Exhibit No. DTX2821 Page 3 Case No. «CaseNumber» Date :«CourtDate» Case Title :In Re: «CaseTitle» Form: P001000 02:29 PM – Court forgoes an evacuation. Court trial halts. The Court orders matter continued to 07/01/2022 at 09:00AM in Dept. 306 for further court trial. Court adjourns. Page 4 Case No. «CaseNumber» Date :«CourtDate» Case Title :In Re: «CaseTitle» Form: P001000