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SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
MINUTES
May 25, 2022 Department: 306
IN RE:
IN RE: SAN DIEGO COUNTY WATER Case Number: CPF-14-514004
AUTHORITY
(Consolidated with cases CPF-16-515282,
CPF-18-516389)
Today’s Proceeding:
Court Trial
Day 7 – Respondents’ Case
Present:
Judge: ANNE-CHRISTINE MASSULLO Clerk: J BERTELSEN
Reporter: Heather Bautista, CSR#11600 Bailiff: None present
missioncitycourtreporting@gmail.com
408-315-7811
Appearing:
Barry W. Lee Warren A. Braunig
Justin Jones Rodriguez Nicholas Goldberg
MANATT PHELPS & PHILLIPS, LLP Julia L. Greenberg
One Embarcadero Center, 30th Floor Dan Jackson
San Francisco, CA 94111 Max Alderman
415-291-7450 KEKER VAN NEST & PETERS LLP
bwlee@manatt.com 633 Battery Street
jjrodriguez@manatt.com San Francisco, CA 94111-1809
415-391-5400
For Respondent wbraunig@keker.com
Metropolitan Water District of Southern California jgreenberg@keker.com
ngoldberg@keker.com
djackson@keker.com
For Petitioner
San Diego County Water Authority
Page 1
Case No. CPF-14-514004 Date :May 25, 2022
Case Title :In Re: IN RE: SAN DIEGO COUNTY WATER AUTHORITY
Form: P001000
Patrick Sullivan (not present) Mark J. Hattam (not present)
OFFICE OF THE CITY ATTORNEY SAN DIEGO COUNTY WATER AUTHORITY
3031 Torrance Blvd. 4677 Overland Avenue
Torrance, CA 90503 San Diego, CA 92123
310-618-5810 858-522-6600
psullivan@TorranceCA.Gov mhattam@sdcwa.org
For Real Party in Interest For Petitioner
City of Torrance San Diego County Water Authority
Manuel D. Serpa (not present) Patricia Quilizapa
OLIVAREZ MADRUGA Heather Beatty
LEMIEUX & O’NEILL Marcia Scully
500 S. Grand, 12th Floor METROPOLITAN WATER DISTRICT OF
Los Angeles, CA 90071 SOUTHERN CALIFORNIA
213-744-0099 700 N. Alameda St., 11th Fl.
mserpa@omlolaw.com Los Angeles, CA 90012
213-217-6279
For Real Parties in Interest pquilizapa@mwdh2o.com
Las Virgenes Municipal Water District, Eastern
Municipal Water District, Foothill Municipal For Respondent
Water District, Metropolitan Water District of Southern California
West Basin Municipal Water District, Western
Municipal Water District
Christine Carson (not present) Steven M. Kennedy (not present)
ALESHIRE & WYNDER, LLP BRUNICK, MCELHANEY & KENNEDY
2361 Rosecrans Avenue, Suite 475 1839 Commercenter West
El Segundo, CA 90245-4916 San Bernardino, CA 92408
310-527-6660 909-889-8301
soneill@awattorneys.com skennedy@bmklawplc.com
For Real Party in Interest For Real Party in Interest
Municipal Water District of Orange County, West Three Valleys Municipal Water District
Basin Muni WD, Foothill Muni WD, Eastern MUNI
WD, Western Muni WD. Las Virgenes Muni WD
Mira Hashmall (not present)
Miller Barondess LLP,
1999 Avenue of The Stars, Ste 1000
Los Angeles, CA 90067-4632
310-552-4400
mhashmall@millerbarondess.com
For Respondent
Metropolitan Water District of Southern California
This matter comes on calendar having been continued from May 24, 2022, for Respondent’s
case.
Page 2
Case No. CPF-14-514004 Date :May 25, 2022
Case Title :In Re: IN RE: SAN DIEGO COUNTY WATER AUTHORITY
Form: P001000
9:04am Court and counsel as stated above are present on the record. Deven Upadhyay,
previously sworn, resumes the witness stand for further direct examination by Mr. Lee on behalf
of the Respondents.
9:31am Off the record.
9:40am Back on the record with all parties present. Mr. Lee resumes direct examination of Mr.
Upadhyay on behalf of the Respondents.
The following exhibits are introduced and/or admitted into evidence: DTX2556 EVID;
DTX3019 ID.
The witness is directed to previously admitted PTX0065.
See exhibit lists for full description of exhibits.
10:44am Court declares the morning recess.
11:02am Back on the record with all parties present. Mr. Lee resumes direct examination of Mr.
Upadhyay on behalf of the Respondents.
The following exhibits are introduced and/or admitted into evidence: DTX3019 EVID.
See exhibit lists for full description of exhibits.
11:11am Mr. Braunig begins cross examination of Mr. Upadhyay on behalf of the Petitioners.
11:34am Mr. Braunig reads from the deposition of Mr. Upadhyay (page 588, line 14 to page 589
line 1).
11:46am Mr. Braunig reads from the deposition transcript of Mr. Upadhyay (page 79 lines 2-4;
page 80, lines 4-12).
11:49am Mr. Braunig reads from the trial testimony of Mr Upadhyay (page 598, line 19-page
599, line 8).
The following exhibits are introduced and/or admitted into evidence: PTX1174 ID; DTX85
EVID; PTX0979 ID; PTX0979a EVID.
See exhibit lists for full description of exhibits.
11:54am Off the record. Court takes the noon recess.
1:31pm Back on the record with all parties present. Mr. Braunig resumes cross examination of
Mr. Upadhyay on behalf of the Petitioners.
The following exhibits are introduced and/or admitted into evidence: DTX2718 ID; PTX1173
ID; PTX1171 EVID; PTX898 EVID; PTX1180 ID.
The witness is directed to previously admitted DTX3019; PTX65.
See exhibit lists for full description of exhibits.
Page 3
Case No. CPF-14-514004 Date :May 25, 2022
Case Title :In Re: IN RE: SAN DIEGO COUNTY WATER AUTHORITY
Form: P001000
2:46pm Court takes the afternoon recess.
3:07pm Back on the record with all parties present. Mr. Braunig resumes cross examination of
Mr. Upadhyay on behalf of the Petitioners.
The following exhibits are introduced and/or admitted into evidence: PTX1180 portion of page
6848 as described on the record only EVID.
See exhibit lists for full description of exhibits.
3:15pm Mr. Lee begins re-direct examination of Mr. Upadhyay on behalf of the Respondents.
The witness is directed to previously admitted DTX3019; PTX898.
See exhibit lists for full description of exhibits.
3:23pm Mr. Upadhyay is thanked and excused.
3:24pm Brent Yamasaki is sworn and examined by Mr. Lee on behalf of the Respondents.
3:47pm Mr. Braunig begins cross examination of Mr. Yamasaki on behalf of the Petitioners.
3:58pm Mr. Yamasaki is thanked and excused.
4:00pm Jeffrey Kightlinger is sworn and examined by Mr. Lee on behalf of the Respondents.
4:15pm Mr. Kightlinger’s testimony is completed for today. Off the record.
4:18pm Back on the record with all parties present. If trial does not complete by May 27, 2022,
trial will resume June 3, 2022, at 9am, which will be the last day of trial. The matter is continued
to May 26, 2022, at 9am for Respondents’ case. Court takes the evening recess.
Page 4
Case No. CPF-14-514004 Date :May 25, 2022
Case Title :In Re: IN RE: SAN DIEGO COUNTY WATER AUTHORITY
Form: P001000
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Preview
SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO MINUTES May 25, 2022 Department: 306 IN RE: IN RE: SAN DIEGO COUNTY WATER Case Number: CPF-14-514004 AUTHORITY (Consolidated with cases CPF-16-515282, CPF-18-516389) Today’s Proceeding: Court Trial Day 7 – Respondents’ Case Present: Judge: ANNE-CHRISTINE MASSULLO Clerk: J BERTELSEN Reporter: Heather Bautista, CSR#11600 Bailiff: None present missioncitycourtreporting@gmail.com 408-315-7811 Appearing: Barry W. Lee Warren A. Braunig Justin Jones Rodriguez Nicholas Goldberg MANATT PHELPS & PHILLIPS, LLP Julia L. Greenberg One Embarcadero Center, 30th Floor Dan Jackson San Francisco, CA 94111 Max Alderman 415-291-7450 KEKER VAN NEST & PETERS LLP bwlee@manatt.com 633 Battery Street jjrodriguez@manatt.com San Francisco, CA 94111-1809 415-391-5400 For Respondent wbraunig@keker.com Metropolitan Water District of Southern California jgreenberg@keker.com ngoldberg@keker.com djackson@keker.com For Petitioner San Diego County Water Authority Page 1 Case No. CPF-14-514004 Date :May 25, 2022 Case Title :In Re: IN RE: SAN DIEGO COUNTY WATER AUTHORITY Form: P001000 Patrick Sullivan (not present) Mark J. Hattam (not present) OFFICE OF THE CITY ATTORNEY SAN DIEGO COUNTY WATER AUTHORITY 3031 Torrance Blvd. 4677 Overland Avenue Torrance, CA 90503 San Diego, CA 92123 310-618-5810 858-522-6600 psullivan@TorranceCA.Gov mhattam@sdcwa.org For Real Party in Interest For Petitioner City of Torrance San Diego County Water Authority Manuel D. Serpa (not present) Patricia Quilizapa OLIVAREZ MADRUGA Heather Beatty LEMIEUX & O’NEILL Marcia Scully 500 S. Grand, 12th Floor METROPOLITAN WATER DISTRICT OF Los Angeles, CA 90071 SOUTHERN CALIFORNIA 213-744-0099 700 N. Alameda St., 11th Fl. mserpa@omlolaw.com Los Angeles, CA 90012 213-217-6279 For Real Parties in Interest pquilizapa@mwdh2o.com Las Virgenes Municipal Water District, Eastern Municipal Water District, Foothill Municipal For Respondent Water District, Metropolitan Water District of Southern California West Basin Municipal Water District, Western Municipal Water District Christine Carson (not present) Steven M. Kennedy (not present) ALESHIRE & WYNDER, LLP BRUNICK, MCELHANEY & KENNEDY 2361 Rosecrans Avenue, Suite 475 1839 Commercenter West El Segundo, CA 90245-4916 San Bernardino, CA 92408 310-527-6660 909-889-8301 soneill@awattorneys.com skennedy@bmklawplc.com For Real Party in Interest For Real Party in Interest Municipal Water District of Orange County, West Three Valleys Municipal Water District Basin Muni WD, Foothill Muni WD, Eastern MUNI WD, Western Muni WD. Las Virgenes Muni WD Mira Hashmall (not present) Miller Barondess LLP, 1999 Avenue of The Stars, Ste 1000 Los Angeles, CA 90067-4632 310-552-4400 mhashmall@millerbarondess.com For Respondent Metropolitan Water District of Southern California This matter comes on calendar having been continued from May 24, 2022, for Respondent’s case. Page 2 Case No. CPF-14-514004 Date :May 25, 2022 Case Title :In Re: IN RE: SAN DIEGO COUNTY WATER AUTHORITY Form: P001000 9:04am Court and counsel as stated above are present on the record. Deven Upadhyay, previously sworn, resumes the witness stand for further direct examination by Mr. Lee on behalf of the Respondents. 9:31am Off the record. 9:40am Back on the record with all parties present. Mr. Lee resumes direct examination of Mr. Upadhyay on behalf of the Respondents. The following exhibits are introduced and/or admitted into evidence: DTX2556 EVID; DTX3019 ID. The witness is directed to previously admitted PTX0065. See exhibit lists for full description of exhibits. 10:44am Court declares the morning recess. 11:02am Back on the record with all parties present. Mr. Lee resumes direct examination of Mr. Upadhyay on behalf of the Respondents. The following exhibits are introduced and/or admitted into evidence: DTX3019 EVID. See exhibit lists for full description of exhibits. 11:11am Mr. Braunig begins cross examination of Mr. Upadhyay on behalf of the Petitioners. 11:34am Mr. Braunig reads from the deposition of Mr. Upadhyay (page 588, line 14 to page 589 line 1). 11:46am Mr. Braunig reads from the deposition transcript of Mr. Upadhyay (page 79 lines 2-4; page 80, lines 4-12). 11:49am Mr. Braunig reads from the trial testimony of Mr Upadhyay (page 598, line 19-page 599, line 8). The following exhibits are introduced and/or admitted into evidence: PTX1174 ID; DTX85 EVID; PTX0979 ID; PTX0979a EVID. See exhibit lists for full description of exhibits. 11:54am Off the record. Court takes the noon recess. 1:31pm Back on the record with all parties present. Mr. Braunig resumes cross examination of Mr. Upadhyay on behalf of the Petitioners. The following exhibits are introduced and/or admitted into evidence: DTX2718 ID; PTX1173 ID; PTX1171 EVID; PTX898 EVID; PTX1180 ID. The witness is directed to previously admitted DTX3019; PTX65. See exhibit lists for full description of exhibits. Page 3 Case No. CPF-14-514004 Date :May 25, 2022 Case Title :In Re: IN RE: SAN DIEGO COUNTY WATER AUTHORITY Form: P001000 2:46pm Court takes the afternoon recess. 3:07pm Back on the record with all parties present. Mr. Braunig resumes cross examination of Mr. Upadhyay on behalf of the Petitioners. The following exhibits are introduced and/or admitted into evidence: PTX1180 portion of page 6848 as described on the record only EVID. See exhibit lists for full description of exhibits. 3:15pm Mr. Lee begins re-direct examination of Mr. Upadhyay on behalf of the Respondents. The witness is directed to previously admitted DTX3019; PTX898. See exhibit lists for full description of exhibits. 3:23pm Mr. Upadhyay is thanked and excused. 3:24pm Brent Yamasaki is sworn and examined by Mr. Lee on behalf of the Respondents. 3:47pm Mr. Braunig begins cross examination of Mr. Yamasaki on behalf of the Petitioners. 3:58pm Mr. Yamasaki is thanked and excused. 4:00pm Jeffrey Kightlinger is sworn and examined by Mr. Lee on behalf of the Respondents. 4:15pm Mr. Kightlinger’s testimony is completed for today. Off the record. 4:18pm Back on the record with all parties present. If trial does not complete by May 27, 2022, trial will resume June 3, 2022, at 9am, which will be the last day of trial. The matter is continued to May 26, 2022, at 9am for Respondents’ case. Court takes the evening recess. Page 4 Case No. CPF-14-514004 Date :May 25, 2022 Case Title :In Re: IN RE: SAN DIEGO COUNTY WATER AUTHORITY Form: P001000