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1 KEKER, VAN NEST & PETERS LLP
JOHN W. KEKER - # 49092
2 jkeker@keker.com
DAN JACKSON - # 216091 ELECTRONICALLY
3 djackson@keker.com
WARREN A. BRAUNIG - # 243884 F I L E D
Superior Court of California,
4 wbraunig@keker.com County of San Francisco
NICHOLAS S. GOLDBERG - # 273614
5 ngoldberg@keker.com 05/11/2022
633 Battery Street Clerk of the Court
BY: BOWMAN LIU
6 San Francisco, CA 94111-1809 Deputy Clerk
Telephone: (415) 391-5400
7 Facsimile: (415) 397-7188
8 MARK J. HATTAM - # 173667
mhattam@sdcwa.org
9 General Counsel
SAN DIEGO COUNTY WATER AUTHORITY
10 4677 Overland Avenue
San Diego, CA 92123-1233
11 Telephone: (858) 522-6791
Facsimile: (858) 522-6566
12
Attorneys for Petitioner, Plaintiff, and Cross-Defendant EXEMPT FROM FILING FEES
13 SAN DIEGO COUNTY WATER AUTHORITY [GOVERNMENT CODE § 6103]
14
15 SUPERIOR COURT OF THE STATE OF CALIFORNIA
16 IN AND FOR THE COUNTY OF SAN FRANCISCO
17
SAN DIEGO COUNTY WATER Lead Case No. CPF-14-514004
18 AUTHORITY,
Consolidated with Case Nos. CPF-16-515282
19 Petitioner, Plaintiff and Cross- & CPF-18-516389
Defendant,
20 SAN DIEGO COUNTY WATER
v. AUTHORITY’S FIRST SET OF TRIAL
21 DEPOSITION DESIGNATIONS
METROPOLITAN WATER DISTRICT OF
22 SOUTHERN CALIFORNIA; ALL
PERSONS INTERESTED IN THE Dept.: 306
23 VALIDITY OF THE RATES ADOPTED Judge: Hon. Anne-Christine Massullo
BY THE METROPOLITAN WATER
24 DISTRICT OF SOUTHERN CALIFORNIA Date Filed: May 30, 2014
ON APRIL 8, 2014 TO BE EFFECTIVE
25 JANUARY 1, 2015 AND JANUARY 1, Trial Date: May 16–27, 2022
2016; and DOES 1-10,
26
Respondents, Defendants and
27 Cross-Complainant.
28
SAN DIEGO COUNTY WATER AUTHORITY’S FIRST SET OF TRIAL DEPOSITION DESIGNATIONS
Lead Case No. CPF-14-514004; Consolidated with CPF-16-515282 & CPF-18-516389
1855916
1 Pursuant to California Code of Civil Procedure § 2025.620, San Diego County Water
2 Authority (“Water Authority”) hereby designates for use at trial the following excerpts from the
3 depositions of employees of Metropolitan Water District of Southern California (“Metropolitan”)
4 and witnesses designated as Metropolitan’s persons most knowledgeable. Because depositions in
5 this case only concluded last week and the parties are still designating and counter-designating
6 testimony from depositions recently concluded, and as contemplated by the April 18, 2022 Order
7 Resetting Trial Deadlines (“Pretrial Order”), the Water Authority intends to submit additional
8 designations between now and the close of its case. The Water Authority further reserves the
9 right to offer additional deposition designations, or present video excerpts at trial, of Metropolitan
10 employees and PMQ designees, in the event Metropolitan does not call those witnesses to testify
11 live at trial. After completing the exchanges spelled out in the Pretrial Order, the Water Authority
12 has also included below for the Court’s consideration Metropolitan’s objections and proposed
13 counter-designations to the Water Authority’s designations, and the Water Authority’s responses
14 and objections to Metropolitan’s objections and counter-designations.
15 Attached as Exhibit A are the Water Authority’s designations from the September 12,
16 2013 deposition of Brian Thomas, testifying as Metropolitan’s person most knowledgeable.
17 Attached as Exhibit B are the Water Authority’s designations from the April 20, 2022
18 deposition of Brian Thomas, testifying as Metropolitan’s person most knowledgeable.
19 Attached as Exhibit C are the Water Authority’s designations from the September 13,
20 2013 deposition of Deven Upadhyay, testifying as Metropolitan’s person most knowledgeable.
21 Attached as Exhibit D are the Water Authority’s designations from the April 22, 2022
22 deposition of Deven Upadhyay, testifying as Metropolitan’s person most knowledgeable.
23 The parties’ designations, and objections to designations and counter-designations,1 are
24 identified in the Exhibits as follows:
25 The Water Authority’s designations are in yellow.
26 Metropolitan’s proposed counter-designations are highlighted in green.
27 1
The Water Authority has not yet been required to provide counter-designations to
28 Metropolitan’s counter-designations, but it reserves the right to do so and will highlight those
designations in light blue.
2
SAN DIEGO COUNTY WATER AUTHORITY’S FIRST SET OF TRIAL DEPOSITION DESIGNATIONS
Lead Case No. CPF-14-514004; Consolidated with CPF-16-515282 & CPF-18-516389
1855916
1
DEPONENT: Brian Thomas (September 12, 2013)
2 Proposed
SDCWA’s Counter- SDCWA’s Responses to
3
Designations MWD’s Designations MWD’s Objections and Court’s
4 Start End Response Start End Objections to MWD’s Ruling
Page: Page: Page: Page: Counter-Designations
5
Line Line Line Line
6 8:13 8:18
7 10:18 10:23
8 11:1 12:10
9 13:19 13:25
10 14:13 15:1
11 15:4 15:14
12 15:17 16:4
13 18:10 19:5
14
19:9 19:9
15
28:7 29:1
16
30:6 30:8
17 30:11 30:12
18 30:23 30:24
19 31:3 31:3
20 31:6 31:13
21 31:22 31:24
32:1 32:4
22
32:8 32:12
23
32:15 32:15
24
33:21 34:7
25
34:10 35:18
26
35:22 35:22
27 38:20 39:4
28 44:3 44:13
3
SAN DIEGO COUNTY WATER AUTHORITY’S FIRST SET OF TRIAL DEPOSITION DESIGNATIONS
Lead Case No. CPF-14-514004; Consolidated with CPF-16-515282 & CPF-18-516389
1855916
1
DEPONENT: Brian Thomas (September 12, 2013)
2 Proposed
SDCWA’s Counter- SDCWA’s Responses to
3
Designations MWD’s Designations MWD’s Objections and Court’s
4 Start End Response Start End Objections to MWD’s Ruling
Page: Page: Page: Page: Counter-Designations
5
Line Line Line Line
6 45:16 45:25
7 48:20 48:23
8 49:1 49:13
9 49:17 49:21
10 49:24 50:7
11 50:10 50:19
50:23 50:23
12
57:6 57:13
13
57:17 57:17
14
58:22 59:11 Calls for a Does not call for a legal
15 legal conclusion; addresses
conclusion. scope and performance of
16
2003 Exchange Agreement.
17 59:14 59:23 Calls for a Objection waived at 59:19–
legal 23; does not call for a legal
18
conclusion. conclusion; addresses
19 scope and performance of
2003 Exchange Agreement.
20
62:20 62:24 Calls for a Does not call for a legal
21 legal conclusion; addresses
conclusion. scope and performance of
22 2003 Exchange Agreement.
23 63:6 63:15
88:11 88:13 Calls for a Does not call for a legal
24
legal conclusion; addresses
25 conclusion. scope and performance of
2003 Exchange Agreement
26
88:16 89:1 Calls for a Objection waived at 88:20–
27 legal 22; does not call for a legal
conclusion. conclusion; addresses
28
4
SAN DIEGO COUNTY WATER AUTHORITY’S FIRST SET OF TRIAL DEPOSITION DESIGNATIONS
Lead Case No. CPF-14-514004; Consolidated with CPF-16-515282 & CPF-18-516389
1855916
1
DEPONENT: Brian Thomas (September 12, 2013)
2 Proposed
SDCWA’s Counter- SDCWA’s Responses to
3
Designations MWD’s Designations MWD’s Objections and Court’s
4 Start End Response Start End Objections to MWD’s Ruling
Page: Page: Page: Page: Counter-Designations
5
Line Line Line Line
6 scope and performance of
2003 Exchange Agreement.
7
89:4 89:11 Calls for a Does not call for a legal
8 legal conclusion; addresses
conclusion. scope and performance of
9 2003 Exchange Agreement.
10 89:14 89:22 Calls for a Does not call for a legal
legal conclusion; addresses
11 conclusion. scope and performance of
2003 Exchange Agreement.
12
90:1 90:5
13
90:11 90:14 Calls for a Does not call for a legal
14 legal conclusion; addresses
conclusion. scope and performance of
15 2003 Exchange Agreement.
16 90:18 90:21 Calls for a Does not call for a legal
legal conclusion; addresses
17 conclusion. scope and performance of
2003 Exchange Agreement.
18
90:25 91:1 Calls for a Does not call for a legal
19 legal conclusion; addresses
conclusion. scope and performance of
20
2003 Exchange Agreement.
21 113:17 113:21
22 114:1 115:6
23 115:8 116:6
119:10 119:12
24
119:20 120:6
25 Calls for a Does not call for a legal
legal conclusion; addresses
26 conclusion scope and performance of
(120:5-6). 2003 Exchange Agreement.
27
28
5
SAN DIEGO COUNTY WATER AUTHORITY’S FIRST SET OF TRIAL DEPOSITION DESIGNATIONS
Lead Case No. CPF-14-514004; Consolidated with CPF-16-515282 & CPF-18-516389
1855916
1
DEPONENT: Brian Thomas (September 12, 2013)
2 Proposed
SDCWA’s Counter- SDCWA’s Responses to
3
Designations MWD’s Designations MWD’s Objections and Court’s
4 Start End Response Start End Objections to MWD’s Ruling
Page: Page: Page: Page: Counter-Designations
5
Line Line Line Line
6
120:9 120:17 Calls for a Does not call for a legal
7 legal conclusion; addresses
conclusion. scope and performance of
8 2003 Exchange Agreement.
9 120:21 120:24 Calls for a Does not call for a legal
legal conclusion; addresses
10 conclusion. scope and performance of
2003 Exchange Agreement.
11
121:10 121:21 Calls for a Does not call for a legal
12 legal conclusion; addresses
conclusion. scope and performance of
13 2003 Exchange Agreement.
14 121:25 122:9 Calls for a Does not call for a legal
legal conclusion; addresses
15 conclusion. scope and performance of
2003 Exchange Agreement.
16
122:12 122:17
17
122:19 122:23 Calls for a Does not call for a legal
18 legal conclusion; addresses
conclusion scope and performance of
19 (122:21- 2003 Exchange Agreement
20 123:1).
123:1 123:17
21
123:21 124:6 Misstates Fairly characterizes
22 document in document; not misleading.
23 order to
mislead
24 witness
(124:3-6).
25
124:18 124:25
26 126:7 127:5
27 129:11 130:11
28 130:14 130:14
6
SAN DIEGO COUNTY WATER AUTHORITY’S FIRST SET OF TRIAL DEPOSITION DESIGNATIONS
Lead Case No. CPF-14-514004; Consolidated with CPF-16-515282 & CPF-18-516389
1855916
1
DEPONENT: Brian Thomas (September 12, 2013)
2 Proposed
SDCWA’s Counter- SDCWA’s Responses to
3
Designations MWD’s Designations MWD’s Objections and Court’s
4 Start End Response Start End Objections to MWD’s Ruling
Page: Page: Page: Page: Counter-Designations
5
Line Line Line Line
6
130:16 130:23
7 131:1 131:7 Calls for Does not call for a legal
8 legal conclusion; addresses
conclusion. scope and performance of
9 2003 Exchange Agreement.
131:10 132:4
10 Calls for a Does not call for a legal
legal conclusion; addresses
11 conclusion scope and performance of
(131:10-14). 2003 Exchange Agreement.
12 133:5 133:9
13 133:12 133:12
14 134:14 135:2
15 135:5 135:11
16 135:17 135:21
135:25 136:4
17
136:8 136:16
18
137:22 138:3 Irrelevant;
19 352 (RSI
clause not at
20
issue in these
21 cases).
139:9 139:12 Irrelevant; Relevant to Metropolitan’s
22
352 (RSI awareness that the Water
23 clause not at Authority could challenge
issue in these Metropolitan’s rates as
24 cases). unlawfully set; not unduly
prejudicial, confusing, or
25 consumptive of time;
clarifies the parties’ course
26
of conduct under the 2003
27 Exchange Agreement.
139:16 139:23 Irrelevant; Relevant to Metropolitan’s
28
352 (RSI awareness that the Water
7
SAN DIEGO COUNTY WATER AUTHORITY’S FIRST SET OF TRIAL DEPOSITION DESIGNATIONS
Lead Case No. CPF-14-514004; Consolidated with CPF-16-515282 & CPF-18-516389
1855916
1
DEPONENT: Brian Thomas (September 12, 2013)
2 Proposed
SDCWA’s Counter- SDCWA’s Responses to
3
Designations MWD’s Designations MWD’s Objections and Court’s
4 Start End Response Start End Objections to MWD’s Ruling
Page: Page: Page: Page: Counter-Designations
5
Line Line Line Line
6 clause not at Authority could challenge
issue in these Metropolitan’s rates as
7 cases). unlawfully set; not unduly
prejudicial, confusing, or
8
consumptive of time;
9 clarifies the parties’ course
of conduct under the 2003
10 Exchange Agreement.
11 140:1 140:2 Irrelevant; Relevant to Metropolitan’s
352 (RSI awareness that the Water
12 clause not at Authority could challenge
issue in these Metropolitan’s rates as
13 cases). unlawfully set; not unduly
14 prejudicial, confusing, or
consumptive of time;
15 clarifies the parties’ course
of conduct under the 2003
16 Exchange Agreement.
17 140:10 140:17 Irrelevant; Relevant to Metropolitan’s
352 (RSI awareness that the Water
18 clause not at Authority could challenge
issue in these Metropolitan’s rates as
19 cases). unlawfully set; not unduly
20 prejudicial, confusing, or
consumptive of time;
21 clarifies the parties’ course
of conduct under the 2003
22 Exchange Agreement.
140:23 141:9
23 Irrelevant; Relevant to Metropolitan’s
352 (RSI awareness that the Water
24 clause not at Authority could challenge
issue in these Metropolitan’s rates as
25 cases). unlawfully set; not unduly
26 prejudicial, confusing, or
consumptive of time;
27 clarifies the parties’ course
of conduct under the 2003
28 Exchange Agreement.
8
SAN DIEGO COUNTY WATER AUTHORITY’S FIRST SET OF TRIAL DEPOSITION DESIGNATIONS
Lead Case No. CPF-14-514004; Consolidated with CPF-16-515282 & CPF-18-516389
1855916
1
DEPONENT: Brian Thomas (September 12, 2013)
2 Proposed
SDCWA’s Counter- SDCWA’s Responses to
3
Designations MWD’s Designations MWD’s Objections and Court’s
4 Start End Response Start End Objections to MWD’s Ruling
Page: Page: Page: Page: Counter-Designations
5
Line Line Line Line
6 141:13 141:15 Irrelevant; Relevant to Metropolitan’s
7 352 (RSI awareness that the Water
clause not at Authority could challenge
8 issue in these Metropolitan’s rates as
cases). unlawfully set; not unduly
9 prejudicial, confusing, or
consumptive of time;
10
clarifies the parties’ course
11 of conduct under the 2003
Exchange Agreement.
12
141:17 141:19 Irrelevant; Relevant to Metropolitan’s
13 352 (RSI awareness that the Water
clause not at Authority could challenge
14 issue in these Metropolitan’s rates as
cases). unlawfully set; not unduly
15 prejudicial, confusing, or
consumptive of time;
16
clarifies the parties’ course
17 of conduct under the 2003
Exchange Agreement.
18
141:23 141:23 Irrelevant; Relevant to Metropolitan’s
19 352 (RSI awareness that the Water
clause not at Authority could challenge
20 issue in these Metropolitan’s rates as
cases). unlawfully set; not unduly
21 prejudicial, confusing, or
22 consumptive of time;
clarifies the parties’ course
23 of conduct under the 2003
Exchange Agreement.
24
143:3 143:6 Irrelevant; Relevant to performance of
25 352; calls for contracted-for rights under
a legal the 2003 Exchange
26 conclusion. Agreement; does not call
for a legal conclusion;
27 addresses scope and
28 performance of 2003
Exchange Agreement.
9
SAN DIEGO COUNTY WATER AUTHORITY’S FIRST SET OF TRIAL DEPOSITION DESIGNATIONS
Lead Case No. CPF-14-514004; Consolidated with CPF-16-515282 & CPF-18-516389
1855916
1
DEPONENT: Brian Thomas (September 12, 2013)
2 Proposed
SDCWA’s Counter- SDCWA’s Responses to
3
Designations MWD’s Designations MWD’s Objections and Court’s
4 Start End Response Start End Objections to MWD’s Ruling
Page: Page: Page: Page: Counter-Designations
5
Line Line Line Line
6
7 143:10 143:16 Irrelevant; Relevant to scope and
352 performance of 2003
8
Exchange Agreement; not
9 unduly prejudicial,
confusing, or consumptive
10 of time.
11 143:20 143:24 Irrelevant; Relevant to scope and
352 performance of 2003
12 Exchange Agreement; not
unduly prejudicial,
13 confusing, or consumptive
of time.
14
144:1 144:5 Irrelevant; Relevant to scope and
15 352 performance of 2003
Exchange Agreement; not
16
unduly prejudicial,
17 confusing, or consumptive
of time.
18
144:7 144:12 Irrelevant; Relevant to scope and
19 352 performance of 2003
Exchange Agreement; not
20 unduly prejudicial,
confusing, or consumptive
21 of time.
22 144:15 144:16 Irrelevant; Relevant to scope and
352 performance of 2003
23 Exchange Agreement; not
unduly prejudicial,
24
confusing, or consumptive
25 of time.
202:4 202:22
26
203:10 204:3
27
204:6 204:18
28
10
SAN DIEGO COUNTY WATER AUTHORITY’S FIRST SET OF TRIAL DEPOSITION DESIGNATIONS
Lead Case No. CPF-14-514004; Consolidated with CPF-16-515282 & CPF-18-516389
1855916
1
DEPONENT: Brian Thomas (September 12, 2013)
2 Proposed
SDCWA’s Counter- SDCWA’s Responses to
3
Designations MWD’s Designations MWD’s Objections and Court’s
4 Start End Response Start End Objections to MWD’s Ruling
Page: Page: Page: Page: Counter-Designations
5
Line Line Line Line
6 204:22 204:23
7 205:2 205:5
8 205:9 205:11
9 205:14 205:22
10 206:1 206:10
11 206:13 206:23
207:1 207:11
12
13
DEPONENT: Brian Thomas (April 20, 2022)
14
Proposed
15 SDCWA’s Counter- SDCWA’s Responses to
Designations MWD’s Designations MWD’s Objections and Court’s
16
Start End Response Start End Objections to MWD’s Ruling
17 Page: Page: Page: Page: Counter-Designations
Line Line Line Line
18
8:16 8:20
19
9:20 10:19
20
11:19 12:10
21
27:2 27:7
22 27:12 28:9
23 30:12 30:13
24 30:18 31:18 Calls for Does not call for a legal
speculation; conclusion; witness
25 calls for a testifies to personal
legal familiarity with the subject
26 conclusion; matter; within the scope of
27 beyond the designation for person-
scope of the most-knowledgeable topics
28 witness’s 1, 4, 7.
11
SAN DIEGO COUNTY WATER AUTHORITY’S FIRST SET OF TRIAL DEPOSITION DESIGNATIONS
Lead Case No. CPF-14-514004; Consolidated with CPF-16-515282 & CPF-18-516389
1855916
1
DEPONENT: Brian Thomas (April 20, 2022)
2 Proposed
SDCWA’s Counter- SDCWA’s Responses to
3
Designations MWD’s Designations MWD’s Objections and Court’s
4 Start End Response Start End Objections to MWD’s Ruling
Page: Page: Page: Page: Counter-Designations
5
Line Line Line Line
6
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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
1 KEKER, VAN NEST & PETERS LLP JOHN W. KEKER - # 49092 2 jkeker@keker.com DAN JACKSON - # 216091 ELECTRONICALLY 3 djackson@keker.com WARREN A. BRAUNIG - # 243884 F I L E D Superior Court of California, 4 wbraunig@keker.com County of San Francisco NICHOLAS S. GOLDBERG - # 273614 5 ngoldberg@keker.com 05/11/2022 633 Battery Street Clerk of the Court BY: BOWMAN LIU 6 San Francisco, CA 94111-1809 Deputy Clerk Telephone: (415) 391-5400 7 Facsimile: (415) 397-7188 8 MARK J. HATTAM - # 173667 mhattam@sdcwa.org 9 General Counsel SAN DIEGO COUNTY WATER AUTHORITY 10 4677 Overland Avenue San Diego, CA 92123-1233 11 Telephone: (858) 522-6791 Facsimile: (858) 522-6566 12 Attorneys for Petitioner, Plaintiff, and Cross-Defendant EXEMPT FROM FILING FEES 13 SAN DIEGO COUNTY WATER AUTHORITY [GOVERNMENT CODE § 6103] 14 15 SUPERIOR COURT OF THE STATE OF CALIFORNIA 16 IN AND FOR THE COUNTY OF SAN FRANCISCO 17 SAN DIEGO COUNTY WATER Lead Case No. CPF-14-514004 18 AUTHORITY, Consolidated with Case Nos. CPF-16-515282 19 Petitioner, Plaintiff and Cross- & CPF-18-516389 Defendant, 20 SAN DIEGO COUNTY WATER v. AUTHORITY’S FIRST SET OF TRIAL 21 DEPOSITION DESIGNATIONS METROPOLITAN WATER DISTRICT OF 22 SOUTHERN CALIFORNIA; ALL PERSONS INTERESTED IN THE Dept.: 306 23 VALIDITY OF THE RATES ADOPTED Judge: Hon. Anne-Christine Massullo BY THE METROPOLITAN WATER 24 DISTRICT OF SOUTHERN CALIFORNIA Date Filed: May 30, 2014 ON APRIL 8, 2014 TO BE EFFECTIVE 25 JANUARY 1, 2015 AND JANUARY 1, Trial Date: May 16–27, 2022 2016; and DOES 1-10, 26 Respondents, Defendants and 27 Cross-Complainant. 28 SAN DIEGO COUNTY WATER AUTHORITY’S FIRST SET OF TRIAL DEPOSITION DESIGNATIONS Lead Case No. CPF-14-514004; Consolidated with CPF-16-515282 & CPF-18-516389 1855916 1 Pursuant to California Code of Civil Procedure § 2025.620, San Diego County Water 2 Authority (“Water Authority”) hereby designates for use at trial the following excerpts from the 3 depositions of employees of Metropolitan Water District of Southern California (“Metropolitan”) 4 and witnesses designated as Metropolitan’s persons most knowledgeable. Because depositions in 5 this case only concluded last week and the parties are still designating and counter-designating 6 testimony from depositions recently concluded, and as contemplated by the April 18, 2022 Order 7 Resetting Trial Deadlines (“Pretrial Order”), the Water Authority intends to submit additional 8 designations between now and the close of its case. The Water Authority further reserves the 9 right to offer additional deposition designations, or present video excerpts at trial, of Metropolitan 10 employees and PMQ designees, in the event Metropolitan does not call those witnesses to testify 11 live at trial. After completing the exchanges spelled out in the Pretrial Order, the Water Authority 12 has also included below for the Court’s consideration Metropolitan’s objections and proposed 13 counter-designations to the Water Authority’s designations, and the Water Authority’s responses 14 and objections to Metropolitan’s objections and counter-designations. 15 Attached as Exhibit A are the Water Authority’s designations from the September 12, 16 2013 deposition of Brian Thomas, testifying as Metropolitan’s person most knowledgeable. 17 Attached as Exhibit B are the Water Authority’s designations from the April 20, 2022 18 deposition of Brian Thomas, testifying as Metropolitan’s person most knowledgeable. 19 Attached as Exhibit C are the Water Authority’s designations from the September 13, 20 2013 deposition of Deven Upadhyay, testifying as Metropolitan’s person most knowledgeable. 21 Attached as Exhibit D are the Water Authority’s designations from the April 22, 2022 22 deposition of Deven Upadhyay, testifying as Metropolitan’s person most knowledgeable. 23 The parties’ designations, and objections to designations and counter-designations,1 are 24 identified in the Exhibits as follows: 25 The Water Authority’s designations are in yellow. 26 Metropolitan’s proposed counter-designations are highlighted in green. 27 1 The Water Authority has not yet been required to provide counter-designations to 28 Metropolitan’s counter-designations, but it reserves the right to do so and will highlight those designations in light blue. 2 SAN DIEGO COUNTY WATER AUTHORITY’S FIRST SET OF TRIAL DEPOSITION DESIGNATIONS Lead Case No. CPF-14-514004; Consolidated with CPF-16-515282 & CPF-18-516389 1855916 1 DEPONENT: Brian Thomas (September 12, 2013) 2 Proposed SDCWA’s Counter- SDCWA’s Responses to 3 Designations MWD’s Designations MWD’s Objections and Court’s 4 Start End Response Start End Objections to MWD’s Ruling Page: Page: Page: Page: Counter-Designations 5 Line Line Line Line 6 8:13 8:18 7 10:18 10:23 8 11:1 12:10 9 13:19 13:25 10 14:13 15:1 11 15:4 15:14 12 15:17 16:4 13 18:10 19:5 14 19:9 19:9 15 28:7 29:1 16 30:6 30:8 17 30:11 30:12 18 30:23 30:24 19 31:3 31:3 20 31:6 31:13 21 31:22 31:24 32:1 32:4 22 32:8 32:12 23 32:15 32:15 24 33:21 34:7 25 34:10 35:18 26 35:22 35:22 27 38:20 39:4 28 44:3 44:13 3 SAN DIEGO COUNTY WATER AUTHORITY’S FIRST SET OF TRIAL DEPOSITION DESIGNATIONS Lead Case No. CPF-14-514004; Consolidated with CPF-16-515282 & CPF-18-516389 1855916 1 DEPONENT: Brian Thomas (September 12, 2013) 2 Proposed SDCWA’s Counter- SDCWA’s Responses to 3 Designations MWD’s Designations MWD’s Objections and Court’s 4 Start End Response Start End Objections to MWD’s Ruling Page: Page: Page: Page: Counter-Designations 5 Line Line Line Line 6 45:16 45:25 7 48:20 48:23 8 49:1 49:13 9 49:17 49:21 10 49:24 50:7 11 50:10 50:19 50:23 50:23 12 57:6 57:13 13 57:17 57:17 14 58:22 59:11 Calls for a Does not call for a legal 15 legal conclusion; addresses conclusion. scope and performance of 16 2003 Exchange Agreement. 17 59:14 59:23 Calls for a Objection waived at 59:19– legal 23; does not call for a legal 18 conclusion. conclusion; addresses 19 scope and performance of 2003 Exchange Agreement. 20 62:20 62:24 Calls for a Does not call for a legal 21 legal conclusion; addresses conclusion. scope and performance of 22 2003 Exchange Agreement. 23 63:6 63:15 88:11 88:13 Calls for a Does not call for a legal 24 legal conclusion; addresses 25 conclusion. scope and performance of 2003 Exchange Agreement 26 88:16 89:1 Calls for a Objection waived at 88:20– 27 legal 22; does not call for a legal conclusion. conclusion; addresses 28 4 SAN DIEGO COUNTY WATER AUTHORITY’S FIRST SET OF TRIAL DEPOSITION DESIGNATIONS Lead Case No. CPF-14-514004; Consolidated with CPF-16-515282 & CPF-18-516389 1855916 1 DEPONENT: Brian Thomas (September 12, 2013) 2 Proposed SDCWA’s Counter- SDCWA’s Responses to 3 Designations MWD’s Designations MWD’s Objections and Court’s 4 Start End Response Start End Objections to MWD’s Ruling Page: Page: Page: Page: Counter-Designations 5 Line Line Line Line 6 scope and performance of 2003 Exchange Agreement. 7 89:4 89:11 Calls for a Does not call for a legal 8 legal conclusion; addresses conclusion. scope and performance of 9 2003 Exchange Agreement. 10 89:14 89:22 Calls for a Does not call for a legal legal conclusion; addresses 11 conclusion. scope and performance of 2003 Exchange Agreement. 12 90:1 90:5 13 90:11 90:14 Calls for a Does not call for a legal 14 legal conclusion; addresses conclusion. scope and performance of 15 2003 Exchange Agreement. 16 90:18 90:21 Calls for a Does not call for a legal legal conclusion; addresses 17 conclusion. scope and performance of 2003 Exchange Agreement. 18 90:25 91:1 Calls for a Does not call for a legal 19 legal conclusion; addresses conclusion. scope and performance of 20 2003 Exchange Agreement. 21 113:17 113:21 22 114:1 115:6 23 115:8 116:6 119:10 119:12 24 119:20 120:6 25 Calls for a Does not call for a legal legal conclusion; addresses 26 conclusion scope and performance of (120:5-6). 2003 Exchange Agreement. 27 28 5 SAN DIEGO COUNTY WATER AUTHORITY’S FIRST SET OF TRIAL DEPOSITION DESIGNATIONS Lead Case No. CPF-14-514004; Consolidated with CPF-16-515282 & CPF-18-516389 1855916 1 DEPONENT: Brian Thomas (September 12, 2013) 2 Proposed SDCWA’s Counter- SDCWA’s Responses to 3 Designations MWD’s Designations MWD’s Objections and Court’s 4 Start End Response Start End Objections to MWD’s Ruling Page: Page: Page: Page: Counter-Designations 5 Line Line Line Line 6 120:9 120:17 Calls for a Does not call for a legal 7 legal conclusion; addresses conclusion. scope and performance of 8 2003 Exchange Agreement. 9 120:21 120:24 Calls for a Does not call for a legal legal conclusion; addresses 10 conclusion. scope and performance of 2003 Exchange Agreement. 11 121:10 121:21 Calls for a Does not call for a legal 12 legal conclusion; addresses conclusion. scope and performance of 13 2003 Exchange Agreement. 14 121:25 122:9 Calls for a Does not call for a legal legal conclusion; addresses 15 conclusion. scope and performance of 2003 Exchange Agreement. 16 122:12 122:17 17 122:19 122:23 Calls for a Does not call for a legal 18 legal conclusion; addresses conclusion scope and performance of 19 (122:21- 2003 Exchange Agreement 20 123:1). 123:1 123:17 21 123:21 124:6 Misstates Fairly characterizes 22 document in document; not misleading. 23 order to mislead 24 witness (124:3-6). 25 124:18 124:25 26 126:7 127:5 27 129:11 130:11 28 130:14 130:14 6 SAN DIEGO COUNTY WATER AUTHORITY’S FIRST SET OF TRIAL DEPOSITION DESIGNATIONS Lead Case No. CPF-14-514004; Consolidated with CPF-16-515282 & CPF-18-516389 1855916 1 DEPONENT: Brian Thomas (September 12, 2013) 2 Proposed SDCWA’s Counter- SDCWA’s Responses to 3 Designations MWD’s Designations MWD’s Objections and Court’s 4 Start End Response Start End Objections to MWD’s Ruling Page: Page: Page: Page: Counter-Designations 5 Line Line Line Line 6 130:16 130:23 7 131:1 131:7 Calls for Does not call for a legal 8 legal conclusion; addresses conclusion. scope and performance of 9 2003 Exchange Agreement. 131:10 132:4 10 Calls for a Does not call for a legal legal conclusion; addresses 11 conclusion scope and performance of (131:10-14). 2003 Exchange Agreement. 12 133:5 133:9 13 133:12 133:12 14 134:14 135:2 15 135:5 135:11 16 135:17 135:21 135:25 136:4 17 136:8 136:16 18 137:22 138:3 Irrelevant; 19 352 (RSI clause not at 20 issue in these 21 cases). 139:9 139:12 Irrelevant; Relevant to Metropolitan’s 22 352 (RSI awareness that the Water 23 clause not at Authority could challenge issue in these Metropolitan’s rates as 24 cases). unlawfully set; not unduly prejudicial, confusing, or 25 consumptive of time; clarifies the parties’ course 26 of conduct under the 2003 27 Exchange Agreement. 139:16 139:23 Irrelevant; Relevant to Metropolitan’s 28 352 (RSI awareness that the Water 7 SAN DIEGO COUNTY WATER AUTHORITY’S FIRST SET OF TRIAL DEPOSITION DESIGNATIONS Lead Case No. CPF-14-514004; Consolidated with CPF-16-515282 & CPF-18-516389 1855916 1 DEPONENT: Brian Thomas (September 12, 2013) 2 Proposed SDCWA’s Counter- SDCWA’s Responses to 3 Designations MWD’s Designations MWD’s Objections and Court’s 4 Start End Response Start End Objections to MWD’s Ruling Page: Page: Page: Page: Counter-Designations 5 Line Line Line Line 6 clause not at Authority could challenge issue in these Metropolitan’s rates as 7 cases). unlawfully set; not unduly prejudicial, confusing, or 8 consumptive of time; 9 clarifies the parties’ course of conduct under the 2003 10 Exchange Agreement. 11 140:1 140:2 Irrelevant; Relevant to Metropolitan’s 352 (RSI awareness that the Water 12 clause not at Authority could challenge issue in these Metropolitan’s rates as 13 cases). unlawfully set; not unduly 14 prejudicial, confusing, or consumptive of time; 15 clarifies the parties’ course of conduct under the 2003 16 Exchange Agreement. 17 140:10 140:17 Irrelevant; Relevant to Metropolitan’s 352 (RSI awareness that the Water 18 clause not at Authority could challenge issue in these Metropolitan’s rates as 19 cases). unlawfully set; not unduly 20 prejudicial, confusing, or consumptive of time; 21 clarifies the parties’ course of conduct under the 2003 22 Exchange Agreement. 140:23 141:9 23 Irrelevant; Relevant to Metropolitan’s 352 (RSI awareness that the Water 24 clause not at Authority could challenge issue in these Metropolitan’s rates as 25 cases). unlawfully set; not unduly 26 prejudicial, confusing, or consumptive of time; 27 clarifies the parties’ course of conduct under the 2003 28 Exchange Agreement. 8 SAN DIEGO COUNTY WATER AUTHORITY’S FIRST SET OF TRIAL DEPOSITION DESIGNATIONS Lead Case No. CPF-14-514004; Consolidated with CPF-16-515282 & CPF-18-516389 1855916 1 DEPONENT: Brian Thomas (September 12, 2013) 2 Proposed SDCWA’s Counter- SDCWA’s Responses to 3 Designations MWD’s Designations MWD’s Objections and Court’s 4 Start End Response Start End Objections to MWD’s Ruling Page: Page: Page: Page: Counter-Designations 5 Line Line Line Line 6 141:13 141:15 Irrelevant; Relevant to Metropolitan’s 7 352 (RSI awareness that the Water clause not at Authority could challenge 8 issue in these Metropolitan’s rates as cases). unlawfully set; not unduly 9 prejudicial, confusing, or consumptive of time; 10 clarifies the parties’ course 11 of conduct under the 2003 Exchange Agreement. 12 141:17 141:19 Irrelevant; Relevant to Metropolitan’s 13 352 (RSI awareness that the Water clause not at Authority could challenge 14 issue in these Metropolitan’s rates as cases). unlawfully set; not unduly 15 prejudicial, confusing, or consumptive of time; 16 clarifies the parties’ course 17 of conduct under the 2003 Exchange Agreement. 18 141:23 141:23 Irrelevant; Relevant to Metropolitan’s 19 352 (RSI awareness that the Water clause not at Authority could challenge 20 issue in these Metropolitan’s rates as cases). unlawfully set; not unduly 21 prejudicial, confusing, or 22 consumptive of time; clarifies the parties’ course 23 of conduct under the 2003 Exchange Agreement. 24 143:3 143:6 Irrelevant; Relevant to performance of 25 352; calls for contracted-for rights under a legal the 2003 Exchange 26 conclusion. Agreement; does not call for a legal conclusion; 27 addresses scope and 28 performance of 2003 Exchange Agreement. 9 SAN DIEGO COUNTY WATER AUTHORITY’S FIRST SET OF TRIAL DEPOSITION DESIGNATIONS Lead Case No. CPF-14-514004; Consolidated with CPF-16-515282 & CPF-18-516389 1855916 1 DEPONENT: Brian Thomas (September 12, 2013) 2 Proposed SDCWA’s Counter- SDCWA’s Responses to 3 Designations MWD’s Designations MWD’s Objections and Court’s 4 Start End Response Start End Objections to MWD’s Ruling Page: Page: Page: Page: Counter-Designations 5 Line Line Line Line 6 7 143:10 143:16 Irrelevant; Relevant to scope and 352 performance of 2003 8 Exchange Agreement; not 9 unduly prejudicial, confusing, or consumptive 10 of time. 11 143:20 143:24 Irrelevant; Relevant to scope and 352 performance of 2003 12 Exchange Agreement; not unduly prejudicial, 13 confusing, or consumptive of time. 14 144:1 144:5 Irrelevant; Relevant to scope and 15 352 performance of 2003 Exchange Agreement; not 16 unduly prejudicial, 17 confusing, or consumptive of time. 18 144:7 144:12 Irrelevant; Relevant to scope and 19 352 performance of 2003 Exchange Agreement; not 20 unduly prejudicial, confusing, or consumptive 21 of time. 22 144:15 144:16 Irrelevant; Relevant to scope and 352 performance of 2003 23 Exchange Agreement; not unduly prejudicial, 24 confusing, or consumptive 25 of time. 202:4 202:22 26 203:10 204:3 27 204:6 204:18 28 10 SAN DIEGO COUNTY WATER AUTHORITY’S FIRST SET OF TRIAL DEPOSITION DESIGNATIONS Lead Case No. CPF-14-514004; Consolidated with CPF-16-515282 & CPF-18-516389 1855916 1 DEPONENT: Brian Thomas (September 12, 2013) 2 Proposed SDCWA’s Counter- SDCWA’s Responses to 3 Designations MWD’s Designations MWD’s Objections and Court’s 4 Start End Response Start End Objections to MWD’s Ruling Page: Page: Page: Page: Counter-Designations 5 Line Line Line Line 6 204:22 204:23 7 205:2 205:5 8 205:9 205:11 9 205:14 205:22 10 206:1 206:10 11 206:13 206:23 207:1 207:11 12 13 DEPONENT: Brian Thomas (April 20, 2022) 14 Proposed 15 SDCWA’s Counter- SDCWA’s Responses to Designations MWD’s Designations MWD’s Objections and Court’s 16 Start End Response Start End Objections to MWD’s Ruling 17 Page: Page: Page: Page: Counter-Designations Line Line Line Line 18 8:16 8:20 19 9:20 10:19 20 11:19 12:10 21 27:2 27:7 22 27:12 28:9 23 30:12 30:13 24 30:18 31:18 Calls for Does not call for a legal speculation; conclusion; witness 25 calls for a testifies to personal legal familiarity with the subject 26 conclusion; matter; within the scope of 27 beyond the designation for person- scope of the most-knowledgeable topics 28 witness’s 1, 4, 7. 11 SAN DIEGO COUNTY WATER AUTHORITY’S FIRST SET OF TRIAL DEPOSITION DESIGNATIONS Lead Case No. CPF-14-514004; Consolidated with CPF-16-515282 & CPF-18-516389 1855916 1 DEPONENT: Brian Thomas (April 20, 2022) 2 Proposed SDCWA’s Counter- SDCWA’s Responses to 3 Designations MWD’s Designations MWD’s Objections and Court’s 4 Start End Response Start End Objections to MWD’s Ruling Page: Page: Page: Page: Counter-Designations 5 Line Line Line Line 6