Preview
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
MINUTES
May 24, 2022 Department: 306
IN RE: SAN DIEGO COUNTY WATER
AUTHORITY Case Number: CPF-14-514004
(Consolidated with cases CPF-16-515282,
CPF-18-516389)
Today’s Proceeding:
Court Trial
Day 5 – Petitioner’s 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 24, 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 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 20, 2022, for Petitioner’s Case.
Page 2
Case No. CPF-14-514004 Date :May 24, 2022
Case Title :In Re: IN RE: SAN DIEGO COUNTY WATER AUTHORITY
Form: P001000
9:30am Court and counsel as stated above are present on the record. Court received San Diego
County Water Authority’s Trial Motion In Limine To Exclude Documentary Evidence And
Testimony About Benefits To San Diego County Water Authority. Opposing counsel will have
an opportunity to file an opposition. Court to rule on the motion later. Testimony will proceed
subject to strike.
9:38am Court and counsel discuss exhibits. PTX1143, PTX1151, and PTX1153 are admitted
into Evidence with the understanding they are accurate summaries of data as of the date
the summaries were compiled. PTX0750 to be redacted is admitted into Evidence.
9:48am One additional video deposition will be played. Counsel stipulate the court reporter need
not report the playing of the video.
PTX1146 and PTX1148 are admitted into Evidence.
9:54am The videotaped testimony of John Scott is played in open court.
10:10 am The videotaped testimony of John Scott ends.
Petitioner asks that PTX1176 be admitted. Court reserves ruling on admissibility of PTX1176.
10:12am Mr. Alderman reads PTX1177 into the record.
10:24am Mr. Alderman reads Special Interrogatories 92 and 14 into the record from PTX1178.
PTX1177 and PTX1178 are admitted into Evidence.
10:30am Court takes the morning recess.
10:50am Back on the record with all parties present. Jason Bass, appearing via Zoom, is sworn
and examined by Mr. Goldberg on behalf of the Petitioner.
The following exhibits are introduced and/or admitted into evidence: PTX1141 ID; PTX1142
ID; PTX1175 ID.
See exhibit lists for full description of exhibits.
Petitioner asks that PTX1175 slides 7, 9, and 10 be admitted into Evidence. Respondent to
review and state if they have any objections.
11:56am Court declares the noon recess.
1:34pm Back on the record with all parties present. PTX1176 is admitted into Evidence
subject to a revised version being submitted. PTX1175a is admitted into Evidence.
1:38pm Mr. Goldberg resumes direct examination of Mr. Bass, via Zoom, on behalf of the
Petitioner.
The following exhibits are introduced and/or admitted into evidence: PTX0783 ID.
The witness is directed to previously admitted PTX0751; PTX0755; PTX1114; PTX24;
PTX0481.
Page 3
Case No. CPF-14-514004 Date :May 24, 2022
Case Title :In Re: IN RE: SAN DIEGO COUNTY WATER AUTHORITY
Form: P001000
See exhibit lists for full description of exhibits.
2:02pm Mr. Lee begins cross examination of Mr. Bass on behalf of the Respondents.
2:21pm Mr. Lee reads from the deposition transcript of Mr. Bass (page 121, line 22 to page 122,
line 7).
The witness is directed to previously admitted PTX1114; PTX0751; PTX0024; PTX0481.
The witness is directed to previously identified PTX1175.
See exhibit lists for full description of exhibits.
2:40pm Court declares the afternoon recess.
3:02pm Back on the record with all parties present. Mr. Lee resumes cross examination of Mr.
Bass, present via Zoom, on behalf of the Respondents.
3:03pm Court examines Mr. Bass.
3:04pm Mr. Lee resumes cross examination of Mr. Bass on behalf of the Respondents.
The witness is directed to previously identified PTX1175.
The witness is directed to previously admitted PTX0065.
See exhibit lists for full description of exhibits.
3:42pm Mr. Goldberg begins re-direct examination of Mr. Bass on behalf of the Petitioners.
The witness is directed to previously identified PTX1175.
See exhibit lists for full description of exhibits.
3:55pm Mr. Lee begins re-cross examination of Mr. Bass on behalf of the Respondents.
4:00pm Mr. Goldberg begins further re-direct examination of Mr. Bass on behalf of the
Petitioners.
4:02pm Mr. Bass is thanked and excused. The Petitioners Rest.
4:04pm Deven Upadhyay is sworn and examined on behalf of the Respondents.
4:12pm Mr. Upadhyay’s testimony concludes for the day.
4:14pm The matter is continued to May 25, 2022, at 9:30am for Respondents’ case. Court takes
the evening recess.
Page 4
Case No. «CaseNumber» Date :«CourtDate»
Case Title :In Re: «CaseTitle»
Form: P001000
Related Content
in San Francisco County
Ruling
PEOPLE CENTER, INC. D/B/A RIPPLING, A DELAWARE VS. ASURE PAYROLL TAX MANAGEMENT LLC, A DELAWARE LLC ET AL
Jul 11, 2024 |
CGC24615613
Matter on the Law & Motion calendar for Thursday, July 11, 2024, Line 15. PLAINTIFF PEOPLE CENTER, INC. D/B/A RIPPLING's Motion For Preliminary Injunction. Plaintiff People Center, Inc. d/b/a Rippling's motion for a preliminary injunction is denied. (The Court's complete tentative ruling has been emailed to the parties.) For the 1:30 p.m. Law & Motion calendar, all attorneys and parties may appear in Department 302 remotely. Remote hearings will be conducted by videoconference using Zoom. To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number. Any party who contests a tentative ruling must send an email to contestdept302tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. The text of the email shall include the name and contact information, including email address, of the attorney or party who will appear at the hearing. Counsel for the prevailing party is required to prepare a proposed order which repeats verbatim the substantive portion of the tentative ruling and must email it to contestdept302tr@sftc.org prior to the hearing even if the tentative ruling is not contested. The court no longer provides a court reporter in the Law & Motion Department. Parties may retain their own reporter, who may appear in the courtroom or remotely. A retained reporter must be a California certified court reporter (CSR), for only a CSR's transcript may be used in California courts. If a CSR is being retained, include in your email all of the following: their name, CSR and telephone numbers, and their individual work email address. =(302/RBU)
Ruling
A & A GENERAL BUILDING CONSTRUCTION INC., A VS. ARLENE S. TASIM ET AL
Jul 12, 2024 |
CGC23609755
Matter on the Law & Motion calendar for Friday, July 12, 2024, Line 12. DEFENDANT ARLENE TASIM AND ALI TASIM'S Motion For Sanctions Against A A General Building Construction Inc. Pursuant To Code Of Civil Procedure Section 1281.99. Defendants and Cross-Complainants' unopposed Motion for Sanctions in the amount of $8350.00 is granted (CCP section 1281.99), payment to be made within 30 days of the filing of this order. Friday's Law & Motion Calendar will be called out of Dept. 301. Anyone intending to appear in person should report to Dept. 301. However, anyone intending to appear remotely should use the regular Zoom information for Dept. 302's Law & Motion Calendar for 9:30 a.m. To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number. Any party who contests a tentative ruling must send an email to contestdept302tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. The text of the email shall include the name and contact information, including email address, of the attorney or party who will appear at the hearing. Counsel for the prevailing party is required to prepare a proposed order which repeats verbatim the substantive portion of the tentative ruling and must email it to contestdept302tr@sftc.org prior to the hearing even if the tentative ruling is not contested. The court no longer provides a court reporter in the Law & Motion Department. Parties may retain their own reporter, who may appear in the courtroom or remotely. A retained reporter must be a California certified court reporter (CSR), for only a CSR's transcript may be used in California courts. If a CSR is being retained, include in your email all of the following: their name, CSR and telephone numbers, and their individual work email address. =(302/RCE)
Ruling
YOLANDA JONES ET AL VS. GENERAL MOTORS, LLC ET AL
Jul 10, 2024 |
CGC23609805
Matter on the Law & Motion calendar for Wednesday, July 10, 2024, Line 10. 2 - DEFENDANT GENERAL MOTORS, LLC's MOTION TO STRIKE 1ST Amended COMPLAINT. Off calendar. The Quezada declaration fails to show that the parties met and conferred "in person, by telephone, or by video conference" in compliance with CCP 435.5. The parties are ordered to comply with the code. The response to the complaint is now due August 7, 2024. For the 9:30 a.m. Law & Motion calendar, all attorneys and parties may appear in Department 302 remotely. Remote hearings will be conducted by videoconference using Zoom. To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number. Any party who contests a tentative ruling must send an email to contestdept302tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. The text of the email shall include the name and contact information, including email address, of the attorney or party who will appear at the hearing. The court no longer provides a court reporter in the Law & Motion Department. Parties may retain their own reporter, who may appear in the courtroom or remotely. A retained reporter must be a California certified court reporter (CSR), for only a CSR's transcript may be used in California courts. If a CSR is being retained, include in your email all of the following: their name, CSR and telephone numbers, and their individual work email address. =(302/RBU)
Ruling
EDWARD WESTERMAN VS. FTI CONSULTING, INC. ET AL
Jul 09, 2024 |
CGC24615152
Matter on the Law & Motion Calendar for Tuesday, July 9, 2024, Line 12. PLAINTIFF EDWARD WESTERMAN's Motion To Seal. Plaintiff's unopposed motion to seal is granted. For the 9:30 a.m. Law & Motion calendar, all attorneys and parties may appear in Department 302 remotely. Remote hearings will be conducted by videoconference using Zoom. To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number. Any party who contests a tentative ruling must send an email to contestdept302tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. The text of the email shall include the name and contact information, including email address, of the attorney or party who will appear at the hearing. Counsel for the prevailing party is required to prepare a proposed order which repeats verbatim the substantive portion of the tentative ruling and must email it to contestdept302tr@sftc.org prior to the hearing even if the tentative ruling is not contested. The court no longer provides a court reporter in the Law & Motion Department. Parties may retain their own reporter, who may appear in the courtroom or remotely. A retained reporter must be a California certified court reporter (CSR), for only a CSR's transcript may be used in California courts. If a CSR is being retained, include in your email all of the following: their name, CSR and telephone numbers, and their individual work email address. =(302/RBU)
Ruling
CLEAR HOMES LLC, A NEW MEXICO LIMITED LIABILITY VS. BRENDAN MICHAEL WEE ET AL
Jul 11, 2024 |
CGC23607972
Real Property/Housing Court Law and Motion Calendar for July 11, 2024 line 2. DEFENDANT BRENDAN WEE, ERIKA HILTON MOTION FOR JUDGMENT ON THE PLEADINGS is Off Calendar - Per request of moving party. =(501/HEK) Parties may appear in-person, telephonically or via Zoom (Video - Webinar ID: 160 560 5023; Password: 172849; or Phone Dial in: (669) 254-5252; Webinar ID: 160 560 5023; Password: 172849). Parties who intend to appear at the hearing must give notice to opposing parties and the court promptly, but no later than 4:00 p.m. the court day before the hearing unless the tentative ruling has specified that a hearing is required. Notice of contesting a tentative ruling shall be provided by sending an email to the court to Department501ContestTR@sftc.org with a copy to all other parties stating, without argument, the portion(s) of the tentative ruling that the party contests. A party may not argue at the hearing if the opposing party is not so notified and the opposing party does not appear.
Ruling
ELIANE DOS SANTOS VITAL, AN INDIVIDUAL ET AL VS. AMERICAN HONDA MOTOR CO., INC., A CALIFORNIA ET AL
Jul 12, 2024 |
CGC22601133
Matter on the Discovery Calendar for Friday, Jul-12-2024, Line 2, PLAINTIFFS ELIANE DOS SANTOS VITAL, AN INDIVIDUAL, and WIDES VITAL DA SILVA'S, AN INDIVIDUAL, Motion To Compel Further Responses To Plaintiffs Request For Production Of Documents, Set Two. Pro Tem Judge William Lynn, a member of the California State Bar who meets all the requirements set forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion may be heard by the Pro Tem Judge. If all parties to the motion sign the stipulation, the hearing will proceed before the Judge Pro Tem who will decide the motion with the same authority as a Superior Court Judge. If a party appears by telephone, the stipulation may be signed via fax or consent to sign given by email. If not all parties to the motion sign the stipulation, the Pro Tem Judge will hold a hearing on the motion and, based on the papers submitted by the parties and the hearing, issue a report in the nature of a recommendation to the Dept. 302 Judge, who will then decide the motion. If a party does not appear at the hearing, the party will be deemed to have stipulated that the motion will be decided by the Pro Tem Judge with the same authority as a Superior Court Judge. The Pro Tem Judge has issued the following tentative ruling: Parties to appear if the motion remains unresolved. For the 9:00 a.m. Discovery calendar, all attorneys and parties are required to appear remotely. Hearings will be conducted by videoconference using Zoom. To appear at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link (DISCOVERY, DEPARTMENT 302 DAILY AT 9:00 A.M.), or dial the corresponding number and use the meeting ID, and password for Discovery Department 302. Any party who contests a tentative ruling must send an email to williamclynn@gmail.com with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. If the tentative ruling is not contested, the parties are deemed to have stipulated to the Pro Tem hearing the motion and the Pro Tem will sign an order confirming the tentative ruling. The prevailing party is required to prepare a proposed order repeating verbatim the substantive portion of the tentative ruling and must e-mail it to the Judge Pro Tem. The court no longer provides a court reporter in the Discovery Department. Parties may retain their own reporter, who may appear remotely. A retained reporter must be a California certified court reporter (CSR), for only a CSR's transcript may be used in California courts. If a CSR is being retained, include in your email all of the following: their name, CSR and telephone numbers, and their individual work email address. =(302/JPT)
Ruling
Y.P. VS. WELLS FARGO & COMPANY, ET AL
Jul 10, 2024 |
CGC24613065
Matter on the Law & Motion calendar for Wednesday, July 10, 2024, Line 12. DEFENDANT EARL IGNACIO AND WELLS FARGO BANK, N.A.'s Motion To Compel Arbitration. Defendants Wells Fargo Bank, N.A. and Earl Ignacio's motion to compel arbitration and stay is denied. (The Court's complete tentative ruling has been emailed to the parties.) For the 9:30 a.m. Law & Motion calendar, all attorneys and parties may appear in Department 302 remotely. Remote hearings will be conducted by videoconference using Zoom. To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number. Any party who contests a tentative ruling must send an email to contestdept302tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. The text of the email shall include the name and contact information, including email address, of the attorney or party who will appear at the hearing. Counsel for the prevailing party is required to prepare a proposed order which repeats verbatim the substantive portion of the tentative ruling and must email it to contestdept302tr@sftc.org prior to the hearing even if the tentative ruling is not contested. The court no longer provides a court reporter in the Law & Motion Department. Parties may retain their own reporter, who may appear in the courtroom or remotely. A retained reporter must be a California certified court reporter (CSR), for only a CSR's transcript may be used in California courts. If a CSR is being retained, include in your email all of the following: their name, CSR and telephone numbers, and their individual work email address. =(302/RBU)
Ruling
MARY ELIZABETH LEMASTERS VS. SCHOENBERG FAMILY LAW GROUP P.C. ET AL
Jul 09, 2024 |
CGC22600572
Matter on the Law & Motion Calendar for Tuesday, July 9, 2024, Line 4. PLAINTIFF MARY LEMASTERS' MOTION FOR WITHDRAWAL OF ATTORNEY OF RECORD. Hearing required. For the 9:30 a.m. Law & Motion calendar, all attorneys and parties may appear in Department 302 remotely. Remote hearings will be conducted by videoconference using Zoom. To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number. Any party who contests a tentative ruling must send an email to contestdept302tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. The text of the email shall include the name and contact information, including email address, of the attorney or party who will appear at the hearing. The court no longer provides a court reporter in the Law & Motion Department. Parties may retain their own reporter, who may appear in the courtroom or remotely. A retained reporter must be a California certified court reporter (CSR), for only a CSR's transcript may be used in California courts. If a CSR is being retained, include in your email all of the following: their name, CSR and telephone numbers, and their individual work email address. =(302/RBU)
Ruling
JOHN P BERNARD VS. BMW OF NORTH AMERICA, LLC ET AL
Jul 10, 2024 |
CGC23608339
Matter on the Law & Motion calendar for Wednesday, July 10, 2024, Line 8. PLAINTIFF JOHN BERNARD's Motion For Award Of Attorneys Fees, Costs, And Expenses. Off calendar for noncompliance with Local Rule 2.7(B) (courtesy copies). The motion may be re-set for a Mon.-Thurs. after July 24, with papers to bear new hearing date. In meantime, counsel shall meet and confer to resolve their differences. For the 9:30 a.m. Law & Motion calendar, all attorneys and parties may appear in Department 302 remotely. Remote hearings will be conducted by videoconference using Zoom. To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number. Any party who contests a tentative ruling must send an email to contestdept302tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. The text of the email shall include the name and contact information, including email address, of the attorney or party who will appear at the hearing. The court no longer provides a court reporter in the Law & Motion Department. Parties may retain their own reporter, who may appear in the courtroom or remotely. A retained reporter must be a California certified court reporter (CSR), for only a CSR's transcript may be used in California courts. If a CSR is being retained, include in your email all of the following: their name, CSR and telephone numbers, and their individual work email address. =(302/RBU)
Preview
SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO MINUTES May 24, 2022 Department: 306 IN RE: SAN DIEGO COUNTY WATER AUTHORITY Case Number: CPF-14-514004 (Consolidated with cases CPF-16-515282, CPF-18-516389) Today’s Proceeding: Court Trial Day 5 – Petitioner’s 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 24, 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 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 20, 2022, for Petitioner’s Case. Page 2 Case No. CPF-14-514004 Date :May 24, 2022 Case Title :In Re: IN RE: SAN DIEGO COUNTY WATER AUTHORITY Form: P001000 9:30am Court and counsel as stated above are present on the record. Court received San Diego County Water Authority’s Trial Motion In Limine To Exclude Documentary Evidence And Testimony About Benefits To San Diego County Water Authority. Opposing counsel will have an opportunity to file an opposition. Court to rule on the motion later. Testimony will proceed subject to strike. 9:38am Court and counsel discuss exhibits. PTX1143, PTX1151, and PTX1153 are admitted into Evidence with the understanding they are accurate summaries of data as of the date the summaries were compiled. PTX0750 to be redacted is admitted into Evidence. 9:48am One additional video deposition will be played. Counsel stipulate the court reporter need not report the playing of the video. PTX1146 and PTX1148 are admitted into Evidence. 9:54am The videotaped testimony of John Scott is played in open court. 10:10 am The videotaped testimony of John Scott ends. Petitioner asks that PTX1176 be admitted. Court reserves ruling on admissibility of PTX1176. 10:12am Mr. Alderman reads PTX1177 into the record. 10:24am Mr. Alderman reads Special Interrogatories 92 and 14 into the record from PTX1178. PTX1177 and PTX1178 are admitted into Evidence. 10:30am Court takes the morning recess. 10:50am Back on the record with all parties present. Jason Bass, appearing via Zoom, is sworn and examined by Mr. Goldberg on behalf of the Petitioner. The following exhibits are introduced and/or admitted into evidence: PTX1141 ID; PTX1142 ID; PTX1175 ID. See exhibit lists for full description of exhibits. Petitioner asks that PTX1175 slides 7, 9, and 10 be admitted into Evidence. Respondent to review and state if they have any objections. 11:56am Court declares the noon recess. 1:34pm Back on the record with all parties present. PTX1176 is admitted into Evidence subject to a revised version being submitted. PTX1175a is admitted into Evidence. 1:38pm Mr. Goldberg resumes direct examination of Mr. Bass, via Zoom, on behalf of the Petitioner. The following exhibits are introduced and/or admitted into evidence: PTX0783 ID. The witness is directed to previously admitted PTX0751; PTX0755; PTX1114; PTX24; PTX0481. Page 3 Case No. CPF-14-514004 Date :May 24, 2022 Case Title :In Re: IN RE: SAN DIEGO COUNTY WATER AUTHORITY Form: P001000 See exhibit lists for full description of exhibits. 2:02pm Mr. Lee begins cross examination of Mr. Bass on behalf of the Respondents. 2:21pm Mr. Lee reads from the deposition transcript of Mr. Bass (page 121, line 22 to page 122, line 7). The witness is directed to previously admitted PTX1114; PTX0751; PTX0024; PTX0481. The witness is directed to previously identified PTX1175. See exhibit lists for full description of exhibits. 2:40pm Court declares the afternoon recess. 3:02pm Back on the record with all parties present. Mr. Lee resumes cross examination of Mr. Bass, present via Zoom, on behalf of the Respondents. 3:03pm Court examines Mr. Bass. 3:04pm Mr. Lee resumes cross examination of Mr. Bass on behalf of the Respondents. The witness is directed to previously identified PTX1175. The witness is directed to previously admitted PTX0065. See exhibit lists for full description of exhibits. 3:42pm Mr. Goldberg begins re-direct examination of Mr. Bass on behalf of the Petitioners. The witness is directed to previously identified PTX1175. See exhibit lists for full description of exhibits. 3:55pm Mr. Lee begins re-cross examination of Mr. Bass on behalf of the Respondents. 4:00pm Mr. Goldberg begins further re-direct examination of Mr. Bass on behalf of the Petitioners. 4:02pm Mr. Bass is thanked and excused. The Petitioners Rest. 4:04pm Deven Upadhyay is sworn and examined on behalf of the Respondents. 4:12pm Mr. Upadhyay’s testimony concludes for the day. 4:14pm The matter is continued to May 25, 2022, at 9:30am for Respondents’ case. Court takes the evening recess. Page 4 Case No. «CaseNumber» Date :«CourtDate» Case Title :In Re: «CaseTitle» Form: P001000