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SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
MINUTES
Department: 306
May 18, 2022
IN RE:
Case Number: CPF-14-514004
SAN DIEGO COUNTY WATER
AUTHORITY (Consolidated with cases CPF-16-515282,
CPF-18-516389)
Today’s Proceeding:
Court Trial
Day 3 – Petitioner’s Case
Present:
Judge: ANNE-CHRISTINE MASSULLO Clerk: DANIAL LEMIRE
Reporter: CYNTHIA DAMMANN
CSR #10610
Csr10610@yahoo.com
Jan Brown & Associates 415.981.3498
Appearances:
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 16, 2022
Case Title: 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
Trial continues from May 17, 2022. All counsel and court personnel are present as stated above.
9:04am Judge Massullo takes the bench.
Page 2
Case No. CPF-14-514004 Date: May 16, 2022
Case Title: IN RE: SAN DIEGO COUNTY WATER AUTHORITY
Form: P001000
Counsel confirm that the trial is on schedule and confer on the record regarding the
order of witnesses.
Respondents request for an opportunity to further depose the petitioners expert witness
Jason Bass. Court and counsel confer on this issue.
9:18am Witness Robert Campbell, previously sworn, resumes testimony under the cross
examination of Mr. Lee on behalf of the respondents.
The following previously marked exhibits are now identified on the record:
Exhibit PTX0768(previously admitted)
Exhibit PTX0751(previously admitted)
Exhibit PTX0026(Memorandum from MWD General Manager Assistant to Board of
Directors Re Transmittal Of Documents from The MWD/SDCWA Negotiation
Session Of Friday And Saturday, December 5 And 6, 1997, dated 12/9/1997, Bates-
stamped MWD2010-00264766 thru MWD2010-00264792) previously ADMITTED
by stipulation.
Exhibit DTX222(previously admitted)
Exhibit DTX0837(previously admitted)
DTX0855(previously admitted)
DTX3222(Memo from Robert Campbell to MWD Member Agency Managers re:
Water Supply, Financial and Public Policy Benefits of the QSA, dated 3/17/2003,
SDCWA2014-2018_00004662 thru SDCWA2014-2018_00004667) is now
ADMITTED into evidence.
Mr. Lee has the witness refer to certain portions of the administrative record of 2014.
10:23am Re-direct examination of the witness by Mr. Jackson on behalf of the petitioners.
The following previously marked exhibits are now identified on the record:
Exhibit DTX0855(previously admitted)
Exhibit DTX3222(previously admitted)
10:42am Witness is thanked and excused.
Court is in recess for a short break.
11:00am Trial resumes all parties present as previously stated.
Witness Shane Chapman testifies by videotaped deposition played in open court.
Parties stipulate that the Court reporter will not report the videotaped portions.
The following previously marked exhibits are now identified on the record:
Exhibit PTX0750(FAX: Determining the Water Supply Benefits of the SDCWA
Water Transfer Proposal, dated 11/12/1996, Bates-stamped SDCWA2014-
2018_00000482 thru SDCWA2014-2018_00000490)
Exhibit PTX0024(previously admitted, Chapman Deposition Exhibit 7)
Exhibit PTX0025(MWD memorandum re Residential Bill Impact of California Plan
for Colorado River Supplies, dated 7/10/1997, Bates-stamped MWDPRA011869,
Chapman Deposition Exhibit 8) previously admitted by stipulation.
Exhibit PTX0071(Email from J. Kightlinger to B. Thomas, et al. re Billing
Procedures for SDCWA/IID Transfer Wheeling, dated 12/2/2003, Bates-stamped
MWD2010-00274140 thru MWD2010-00274141; Chapmen Deposition Exhibit 12)
Page 3
Case No. CPF-14-514004 Date: May 16, 2022
Case Title: IN RE: SAN DIEGO COUNTY WATER AUTHORITY
Form: P001000
is now ADMITTED into evidence.
Exhibit PTX0041(MWD Confidential Staff Report "Rate Structure Framework
Proposal", dated 3/6/2000, Bates-stamped MWDPRA018373 thru
MWDPRA018402, Chapmen Deposition Exhibit 13) has previously been
ADMITTED by stipulation.
Chapman Deposition Exhibit 14 (portion of administration record MWD record
2014_0010241)
Court states that objections in the video that are not asked to be ruled upon are waived.
Respondents object to page 82 line 19 thru 83 line 11. The Court reviews the transcript
of the depositions on page 82 line 19 thru 83 line 4, and sustains the objection on
foundation and speculation.
Respondents direct the Court to page 71 line 15, to 72 line 3. Petitioners direct the
Court to page 76 line 10, page 77 line 2. Court has reviewed and will sustain an
objection on foundation.
Court reviews the transcript of the depositions on page 21 lines 17-19, and page 96
lines 5-12 in order to rule on the respondents’ objection. Objection is overruled.
11:59am Court is in recess for lunch.
1:31pm Trial resumes with all parties present as previously stated.
1:34pm Witness Scott Slater is sworn and directly examined by Mr. Goldberg on behalf of the
petitioners.
The following previously marked exhibits are now identified on the record:
Exhibit PTX0031(previously admitted)
Exhibit PTX0481(previously admitted)
Exhibit PTX0065(previously admitted)
Exhibit PTX0056(Email from J. Kightlinger to B. Thomas re Exchange Deal Points,
dated 2/19/2003, Bates-stamped MWD2010-00446358 thru MWD2010-00446362)
previously admitted by stipulation.
Exhibit PTX0836(Email from Kassman to Taylor and Slater re Amendment to
Exchange Agreement, dated 4/18/2003, Bates-stamped MWD2014-18_00006555
thru MWD2014-18_00006555) is now ADMITTED into evidence.
Exhibit DTX 0811(Email from Carl to Scott Slater re: Amendment to Exchange
Agreement, dated 7/28/2003) previously ADMITTED by stipulation.
Exhibit DTX0841(Email from Rittershaus (Hatch & Parent) re: Deal Points Outline
with attachment, dated 9/16/2003, Bates-stamped SDPRAE0033070-075)
previously ADMITTED by stipulation.
2:39pm Court is in recess for a short break.
2:57pm Trial resumes with all parties present as previously stated.
Direct examination of Scott Slater continues.
The following previously marked exhibits are now identified on the record:
Exhibit PTX0841(previously admitted)
Page 4
Case No. CPF-14-514004 Date: May 16, 2022
Case Title: IN RE: SAN DIEGO COUNTY WATER AUTHORITY
Form: P001000
Exhibit PTX0065(previously admitted)
3:30pm Witness is cross examined by Mr. Lee on behalf of the respondents.
The following previously marked exhibits are now identified on the record:
Exhibit PTX0065(previously admitted)
Exhibit PTX0481(previously admitted)
Exhibit PTX0031(previously admitted)
Exhibit PTX0056(previously admitted)
Exhibit PTX0836(previously admitted)
Exhibit DTX0811(previously admitted)
Exhibit DTX2607(Water Code Sections 1810 to 1815)
Mr. Lee reads from the deposition of Scott Slater form April 20, 2022, page 206 line 16
thru page 207 line 16.
4:21pm Trial is continued to May 19, 2022 at 9:00am.
Court is adjourned.
Page 5
Case No. CPF-14-514004 Date: May 16, 2022
Case Title: IN RE: SAN DIEGO COUNTY WATER AUTHORITY
Form: P001000
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Preview
SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO MINUTES Department: 306 May 18, 2022 IN RE: Case Number: CPF-14-514004 SAN DIEGO COUNTY WATER AUTHORITY (Consolidated with cases CPF-16-515282, CPF-18-516389) Today’s Proceeding: Court Trial Day 3 – Petitioner’s Case Present: Judge: ANNE-CHRISTINE MASSULLO Clerk: DANIAL LEMIRE Reporter: CYNTHIA DAMMANN CSR #10610 Csr10610@yahoo.com Jan Brown & Associates 415.981.3498 Appearances: 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 16, 2022 Case Title: 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 Trial continues from May 17, 2022. All counsel and court personnel are present as stated above. 9:04am Judge Massullo takes the bench. Page 2 Case No. CPF-14-514004 Date: May 16, 2022 Case Title: IN RE: SAN DIEGO COUNTY WATER AUTHORITY Form: P001000 Counsel confirm that the trial is on schedule and confer on the record regarding the order of witnesses. Respondents request for an opportunity to further depose the petitioners expert witness Jason Bass. Court and counsel confer on this issue. 9:18am Witness Robert Campbell, previously sworn, resumes testimony under the cross examination of Mr. Lee on behalf of the respondents. The following previously marked exhibits are now identified on the record: Exhibit PTX0768(previously admitted) Exhibit PTX0751(previously admitted) Exhibit PTX0026(Memorandum from MWD General Manager Assistant to Board of Directors Re Transmittal Of Documents from The MWD/SDCWA Negotiation Session Of Friday And Saturday, December 5 And 6, 1997, dated 12/9/1997, Bates- stamped MWD2010-00264766 thru MWD2010-00264792) previously ADMITTED by stipulation. Exhibit DTX222(previously admitted) Exhibit DTX0837(previously admitted) DTX0855(previously admitted) DTX3222(Memo from Robert Campbell to MWD Member Agency Managers re: Water Supply, Financial and Public Policy Benefits of the QSA, dated 3/17/2003, SDCWA2014-2018_00004662 thru SDCWA2014-2018_00004667) is now ADMITTED into evidence. Mr. Lee has the witness refer to certain portions of the administrative record of 2014. 10:23am Re-direct examination of the witness by Mr. Jackson on behalf of the petitioners. The following previously marked exhibits are now identified on the record: Exhibit DTX0855(previously admitted) Exhibit DTX3222(previously admitted) 10:42am Witness is thanked and excused. Court is in recess for a short break. 11:00am Trial resumes all parties present as previously stated. Witness Shane Chapman testifies by videotaped deposition played in open court. Parties stipulate that the Court reporter will not report the videotaped portions. The following previously marked exhibits are now identified on the record: Exhibit PTX0750(FAX: Determining the Water Supply Benefits of the SDCWA Water Transfer Proposal, dated 11/12/1996, Bates-stamped SDCWA2014- 2018_00000482 thru SDCWA2014-2018_00000490) Exhibit PTX0024(previously admitted, Chapman Deposition Exhibit 7) Exhibit PTX0025(MWD memorandum re Residential Bill Impact of California Plan for Colorado River Supplies, dated 7/10/1997, Bates-stamped MWDPRA011869, Chapman Deposition Exhibit 8) previously admitted by stipulation. Exhibit PTX0071(Email from J. Kightlinger to B. Thomas, et al. re Billing Procedures for SDCWA/IID Transfer Wheeling, dated 12/2/2003, Bates-stamped MWD2010-00274140 thru MWD2010-00274141; Chapmen Deposition Exhibit 12) Page 3 Case No. CPF-14-514004 Date: May 16, 2022 Case Title: IN RE: SAN DIEGO COUNTY WATER AUTHORITY Form: P001000 is now ADMITTED into evidence. Exhibit PTX0041(MWD Confidential Staff Report "Rate Structure Framework Proposal", dated 3/6/2000, Bates-stamped MWDPRA018373 thru MWDPRA018402, Chapmen Deposition Exhibit 13) has previously been ADMITTED by stipulation. Chapman Deposition Exhibit 14 (portion of administration record MWD record 2014_0010241) Court states that objections in the video that are not asked to be ruled upon are waived. Respondents object to page 82 line 19 thru 83 line 11. The Court reviews the transcript of the depositions on page 82 line 19 thru 83 line 4, and sustains the objection on foundation and speculation. Respondents direct the Court to page 71 line 15, to 72 line 3. Petitioners direct the Court to page 76 line 10, page 77 line 2. Court has reviewed and will sustain an objection on foundation. Court reviews the transcript of the depositions on page 21 lines 17-19, and page 96 lines 5-12 in order to rule on the respondents’ objection. Objection is overruled. 11:59am Court is in recess for lunch. 1:31pm Trial resumes with all parties present as previously stated. 1:34pm Witness Scott Slater is sworn and directly examined by Mr. Goldberg on behalf of the petitioners. The following previously marked exhibits are now identified on the record: Exhibit PTX0031(previously admitted) Exhibit PTX0481(previously admitted) Exhibit PTX0065(previously admitted) Exhibit PTX0056(Email from J. Kightlinger to B. Thomas re Exchange Deal Points, dated 2/19/2003, Bates-stamped MWD2010-00446358 thru MWD2010-00446362) previously admitted by stipulation. Exhibit PTX0836(Email from Kassman to Taylor and Slater re Amendment to Exchange Agreement, dated 4/18/2003, Bates-stamped MWD2014-18_00006555 thru MWD2014-18_00006555) is now ADMITTED into evidence. Exhibit DTX 0811(Email from Carl to Scott Slater re: Amendment to Exchange Agreement, dated 7/28/2003) previously ADMITTED by stipulation. Exhibit DTX0841(Email from Rittershaus (Hatch & Parent) re: Deal Points Outline with attachment, dated 9/16/2003, Bates-stamped SDPRAE0033070-075) previously ADMITTED by stipulation. 2:39pm Court is in recess for a short break. 2:57pm Trial resumes with all parties present as previously stated. Direct examination of Scott Slater continues. The following previously marked exhibits are now identified on the record: Exhibit PTX0841(previously admitted) Page 4 Case No. CPF-14-514004 Date: May 16, 2022 Case Title: IN RE: SAN DIEGO COUNTY WATER AUTHORITY Form: P001000 Exhibit PTX0065(previously admitted) 3:30pm Witness is cross examined by Mr. Lee on behalf of the respondents. The following previously marked exhibits are now identified on the record: Exhibit PTX0065(previously admitted) Exhibit PTX0481(previously admitted) Exhibit PTX0031(previously admitted) Exhibit PTX0056(previously admitted) Exhibit PTX0836(previously admitted) Exhibit DTX0811(previously admitted) Exhibit DTX2607(Water Code Sections 1810 to 1815) Mr. Lee reads from the deposition of Scott Slater form April 20, 2022, page 206 line 16 thru page 207 line 16. 4:21pm Trial is continued to May 19, 2022 at 9:00am. Court is adjourned. Page 5 Case No. CPF-14-514004 Date: May 16, 2022 Case Title: IN RE: SAN DIEGO COUNTY WATER AUTHORITY Form: P001000