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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 FILED
Superior Court of California,
4 wbraunig@keker.com County of San Francisco
NICHOLAS S. GOLDBERG - # 273614
5 ngoldberg@keker.com 05/12/2021
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 and Plaintiff 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 Case No. CPF-14-514004
18 AUTHORITY,
SAN DIEGO COUNTY WATER
19 Petitioner and Plaintiff, AUTHORITY’S EX PARTE
APPLICATION TO SHORTEN TIME
20 v. FOR BRIEFING AND HEARING
METROPOLITAN’S MOTION TO
21 METROPOLITAN WATER DISTRICT OF QUASH
SOUTHERN CALIFORNIA; ALL
22 PERSONS INTERESTED IN THE Date: May 13, 2021
VALIDITY OF THE RATES ADOPTED Time: 11:00 a.m.
23 BY THE METROPOLITAN WATER Dept.: 304
DISTRICT OF SOUTHERN CALIFORNIA Judge: Hon. Anne-Christine Massullo
24 ON APRIL 8, 2014 TO BE EFFECTIVE
JANUARY 1, 2015 AND JANUARY 1, Date Filed: May 30, 2014
25 2016; and DOES 1-10,
Trial Date: Not Yet Set
26 Respondents and Defendants.
27
28
SAN DIEGO COUNTY WATER AUTHORITY’S EX PARTE APPLICATION TO SHORTEN TIME FOR
BRIEFING AND HEARING METROPOLITAN’S MOTION TO QUASH
Case No. CPF-14-514004
1680033
1 TO ALL PARTIES AND THEIR COUNSEL OF RECORD:
2 PLEASE TAKE NOTICE that, on May 13, 2021 at 11:00 a.m., or as soon thereafter as
3 this matter may be heard in Department 304 of the Superior Court in and for the County of San
4 Francisco, located at 400 McAllister Street, San Francisco, California 94102, petitioner and
5 plaintiff San Diego County Water Authority (Water Authority) will, and hereby does, apply ex
6 parte, pursuant to rules 3.1300(b) and 3.1200 et seq. of the California Rules of Court, for an order
7 shortening the time for briefing and hearing any motion by Metropolitan Water District of
8 Southern California (Metropolitan) to quash the deposition subpoena served on former
9 Metropolitan executive Linda Waade or for a protective order. The Water Authority respectfully
10 requests that the Court order that Metropolitan’s anticipated motion be heard by May 17, 2021, so
11 that the deposition of Ms. Waade may proceed as scheduled on May 18, 2021.
12 Ms. Waade’s deposition is scheduled to take place on May 18, 2021, and Ms. Waade has
13 not objected to the subpoena and is prepared to testify and produce documents. The parties have
14 scheduled an informal discovery conference with the Court to address Metropolitan’s objections
15 to the subpoena. Metropolitan has made clear, however, that if it is not satisfied with the outcome
16 of that conference, it will file a motion to quash or for a protective order at the last possible
17 moment to delay Ms. Waade’s deposition. As explained in the Water Authority’s portion of the
18 joint letter submitted in advance of the informal discovery conference, the Water Authority must
19 take Ms. Waade’s deposition as soon as possible to address potentially severe and ongoing harm
20 caused by Metropolitan’s potential efforts to invade the Water Authority’s attorney-client
21 privilege, obtain the Water Authority’s confidential deliberative materials, and illegally perform
22 opposition research on San Diego officials, in order to damage the Water Authority’s litigation
23 position. Good cause therefore exists for the Court to shorten the time for briefing and hearing
24 Metropolitan’s anticipated motion. Accordingly, the Water Authority respectfully requests that
25 the Court order that Metropolitan’s motion be heard by May 17, 2021, so that Ms. Waade’s
26 deposition may proceed on May 18, 2021 if the Court denies the motion.
27 This Ex Parte Application is based on this application; the accompanying Memorandum
28 of Points and Authorities; the concurrently filed Declaration of Nicholas S. Goldberg and the
2
SAN DIEGO COUNTY WATER AUTHORITY’S EX PARTE APPLICATION TO SHORTEN TIME FOR
BRIEFING AND HEARING METROPOLITAN’S MOTION TO QUASH
Case No. CPF-14-514004
1680033
1 exhibits attached thereto; the Water Authority’s [Proposed] Order; all pleadings and papers on file
2 in this action; such oral argument as may be presented at any hearing on this matter; and any
3 other materials the court deems appropriate to consider.
4 The Water Authority has complied with the procedural requirements in California Rules
5 of Court 3.1203 and 3.1204 for noticing this ex parte application. Before 10:00 a.m. on May 12,
6 2021, counsel for the Water Authority notified counsel for Metropolitan and the Member
7 Agencies of this application, including the relief requested and the date, time, and place for the
8 presentation of the Application. The Water Authority understands that Metropolitan opposes this
9 Application. Attorneys for Metropolitan and the Member Agencies are:
10
Metropolitan Water District of Southern California
11 Barry W. Lee
Justin Jones Rodriguez
12 Manatt, Phelps & Phillips, LLP
One Embarcadero Center, 30th Floor
13 San Francisco, California 94111
(415) 291-7400
14
Colin C. West
15 Morgan, Lewis & Bockius LLP
One Market, Spear Street Tower
16 San Francisco, California 94105
(415) 422-1000
17
Mira Hashmall
18 Miller Barondess, LLP
1999 Avenue of the Stars, Suite 1000
19 Los Angeles, California 90067
(310) 552-4400
20
Marcia Scully
21 Heather Beatty
Patricia Quiliazapa
22 The Metropolitan Water District of Southern California
700 North Alameda Street
23 Los Angeles, CA 90012-2944
(213) 217-6000
24
The City of Los Angeles, Acting by and Through Its Department of Water and Power
25 Michael N. Feuer, City Attorney
James K. Hahn City Hall East, Suite 800
26 Los Angeles, California 90012
(213) 978-8100
27
Joseph A. Brajevich
28 Tina Shim
3
SAN DIEGO COUNTY WATER AUTHORITY’S EX PARTE APPLICATION TO SHORTEN TIME FOR
BRIEFING AND HEARING METROPOLITAN’S MOTION TO QUASH
Case No. CPF-14-514004
1680033
1 Julie C. Riley
Melanie A. Tory
2 Los Angeles Department of Water and Power
221 North Figueroa Street, Suite 1000
3 Los Angeles, California 90012
(213) 367-4598
4
Amrit S. Kulkarni
5 Gregory J. Newmark
Julia Bond
6
Meyers, Nave, Riback, Silver & Wilson
7 555 12th Street, Suite 1500
Oakland, CA 94607
8 (510) 808-2000
9 City of Torrance
Patrick Q. Sullivan
10 3031 Torrance Boulevard
Torrance, California 90503
11 (310) 618-5810
12 City of Glendale
Michael J. Garcia
13 Christine A Godinez
Dorine Martirosian
14 City of Glendale
613 East Broadway, Suite 220
15 Glendale, CA 91206
16 Eastern Municipal Water District, Foothill Municipal Water District, Las Virgenes Municipal
Water District, West Basin Municipal Water District, and Western Municipal Water District
17 Steven P. O’Neill
Manuel D. Serpa
18 Olivarez Madruga Lemieux O’Neill, LLP
500 South Grand Avenue, 12th Floor
19 Los Angeles, California 90071
(213) 744-0099
20
Municipal Water District of Orange County
21 Stephen Onstot
Christine M. Carson
22 Aleshire & Wynder, LLP
18881 Von Karman Avenue, Suite 1700
23 Irvine, CA 92612
(949) 223-1170
24
Three Valleys Municipal Water District
25 Steven M. Kennedy
Brunick, McElhaney & Kennedy
26 P.O. Box 13130
San Bernardino, CA 92423
27 (909) 889-8301
28
4
SAN DIEGO COUNTY WATER AUTHORITY’S EX PARTE APPLICATION TO SHORTEN TIME FOR
BRIEFING AND HEARING METROPOLITAN’S MOTION TO QUASH
Case No. CPF-14-514004
1680033
1 Dated: May 12, 2021 KEKER, VAN NEST & PETERS LLP
2
By:
3
Nicholas S. Goldberg
4
Attorneys Petitioner and Plaintiff
5 SAN DIEGO COUNTY WATER
AUTHORITY
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SAN DIEGO COUNTY WATER AUTHORITY’S EX PARTE APPLICATION TO SHORTEN TIME FOR
BRIEFING AND HEARING METROPOLITAN’S MOTION TO QUASH
Case No. CPF-14-514004
1680033
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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 FILED Superior Court of California, 4 wbraunig@keker.com County of San Francisco NICHOLAS S. GOLDBERG - # 273614 5 ngoldberg@keker.com 05/12/2021 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 and Plaintiff 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 Case No. CPF-14-514004 18 AUTHORITY, SAN DIEGO COUNTY WATER 19 Petitioner and Plaintiff, AUTHORITY’S EX PARTE APPLICATION TO SHORTEN TIME 20 v. FOR BRIEFING AND HEARING METROPOLITAN’S MOTION TO 21 METROPOLITAN WATER DISTRICT OF QUASH SOUTHERN CALIFORNIA; ALL 22 PERSONS INTERESTED IN THE Date: May 13, 2021 VALIDITY OF THE RATES ADOPTED Time: 11:00 a.m. 23 BY THE METROPOLITAN WATER Dept.: 304 DISTRICT OF SOUTHERN CALIFORNIA Judge: Hon. Anne-Christine Massullo 24 ON APRIL 8, 2014 TO BE EFFECTIVE JANUARY 1, 2015 AND JANUARY 1, Date Filed: May 30, 2014 25 2016; and DOES 1-10, Trial Date: Not Yet Set 26 Respondents and Defendants. 27 28 SAN DIEGO COUNTY WATER AUTHORITY’S EX PARTE APPLICATION TO SHORTEN TIME FOR BRIEFING AND HEARING METROPOLITAN’S MOTION TO QUASH Case No. CPF-14-514004 1680033 1 TO ALL PARTIES AND THEIR COUNSEL OF RECORD: 2 PLEASE TAKE NOTICE that, on May 13, 2021 at 11:00 a.m., or as soon thereafter as 3 this matter may be heard in Department 304 of the Superior Court in and for the County of San 4 Francisco, located at 400 McAllister Street, San Francisco, California 94102, petitioner and 5 plaintiff San Diego County Water Authority (Water Authority) will, and hereby does, apply ex 6 parte, pursuant to rules 3.1300(b) and 3.1200 et seq. of the California Rules of Court, for an order 7 shortening the time for briefing and hearing any motion by Metropolitan Water District of 8 Southern California (Metropolitan) to quash the deposition subpoena served on former 9 Metropolitan executive Linda Waade or for a protective order. The Water Authority respectfully 10 requests that the Court order that Metropolitan’s anticipated motion be heard by May 17, 2021, so 11 that the deposition of Ms. Waade may proceed as scheduled on May 18, 2021. 12 Ms. Waade’s deposition is scheduled to take place on May 18, 2021, and Ms. Waade has 13 not objected to the subpoena and is prepared to testify and produce documents. The parties have 14 scheduled an informal discovery conference with the Court to address Metropolitan’s objections 15 to the subpoena. Metropolitan has made clear, however, that if it is not satisfied with the outcome 16 of that conference, it will file a motion to quash or for a protective order at the last possible 17 moment to delay Ms. Waade’s deposition. As explained in the Water Authority’s portion of the 18 joint letter submitted in advance of the informal discovery conference, the Water Authority must 19 take Ms. Waade’s deposition as soon as possible to address potentially severe and ongoing harm 20 caused by Metropolitan’s potential efforts to invade the Water Authority’s attorney-client 21 privilege, obtain the Water Authority’s confidential deliberative materials, and illegally perform 22 opposition research on San Diego officials, in order to damage the Water Authority’s litigation 23 position. Good cause therefore exists for the Court to shorten the time for briefing and hearing 24 Metropolitan’s anticipated motion. Accordingly, the Water Authority respectfully requests that 25 the Court order that Metropolitan’s motion be heard by May 17, 2021, so that Ms. Waade’s 26 deposition may proceed on May 18, 2021 if the Court denies the motion. 27 This Ex Parte Application is based on this application; the accompanying Memorandum 28 of Points and Authorities; the concurrently filed Declaration of Nicholas S. Goldberg and the 2 SAN DIEGO COUNTY WATER AUTHORITY’S EX PARTE APPLICATION TO SHORTEN TIME FOR BRIEFING AND HEARING METROPOLITAN’S MOTION TO QUASH Case No. CPF-14-514004 1680033 1 exhibits attached thereto; the Water Authority’s [Proposed] Order; all pleadings and papers on file 2 in this action; such oral argument as may be presented at any hearing on this matter; and any 3 other materials the court deems appropriate to consider. 4 The Water Authority has complied with the procedural requirements in California Rules 5 of Court 3.1203 and 3.1204 for noticing this ex parte application. Before 10:00 a.m. on May 12, 6 2021, counsel for the Water Authority notified counsel for Metropolitan and the Member 7 Agencies of this application, including the relief requested and the date, time, and place for the 8 presentation of the Application. The Water Authority understands that Metropolitan opposes this 9 Application. Attorneys for Metropolitan and the Member Agencies are: 10 Metropolitan Water District of Southern California 11 Barry W. Lee Justin Jones Rodriguez 12 Manatt, Phelps & Phillips, LLP One Embarcadero Center, 30th Floor 13 San Francisco, California 94111 (415) 291-7400 14 Colin C. West 15 Morgan, Lewis & Bockius LLP One Market, Spear Street Tower 16 San Francisco, California 94105 (415) 422-1000 17 Mira Hashmall 18 Miller Barondess, LLP 1999 Avenue of the Stars, Suite 1000 19 Los Angeles, California 90067 (310) 552-4400 20 Marcia Scully 21 Heather Beatty Patricia Quiliazapa 22 The Metropolitan Water District of Southern California 700 North Alameda Street 23 Los Angeles, CA 90012-2944 (213) 217-6000 24 The City of Los Angeles, Acting by and Through Its Department of Water and Power 25 Michael N. Feuer, City Attorney James K. Hahn City Hall East, Suite 800 26 Los Angeles, California 90012 (213) 978-8100 27 Joseph A. Brajevich 28 Tina Shim 3 SAN DIEGO COUNTY WATER AUTHORITY’S EX PARTE APPLICATION TO SHORTEN TIME FOR BRIEFING AND HEARING METROPOLITAN’S MOTION TO QUASH Case No. CPF-14-514004 1680033 1 Julie C. Riley Melanie A. Tory 2 Los Angeles Department of Water and Power 221 North Figueroa Street, Suite 1000 3 Los Angeles, California 90012 (213) 367-4598 4 Amrit S. Kulkarni 5 Gregory J. Newmark Julia Bond 6 Meyers, Nave, Riback, Silver & Wilson 7 555 12th Street, Suite 1500 Oakland, CA 94607 8 (510) 808-2000 9 City of Torrance Patrick Q. Sullivan 10 3031 Torrance Boulevard Torrance, California 90503 11 (310) 618-5810 12 City of Glendale Michael J. Garcia 13 Christine A Godinez Dorine Martirosian 14 City of Glendale 613 East Broadway, Suite 220 15 Glendale, CA 91206 16 Eastern Municipal Water District, Foothill Municipal Water District, Las Virgenes Municipal Water District, West Basin Municipal Water District, and Western Municipal Water District 17 Steven P. O’Neill Manuel D. Serpa 18 Olivarez Madruga Lemieux O’Neill, LLP 500 South Grand Avenue, 12th Floor 19 Los Angeles, California 90071 (213) 744-0099 20 Municipal Water District of Orange County 21 Stephen Onstot Christine M. Carson 22 Aleshire & Wynder, LLP 18881 Von Karman Avenue, Suite 1700 23 Irvine, CA 92612 (949) 223-1170 24 Three Valleys Municipal Water District 25 Steven M. Kennedy Brunick, McElhaney & Kennedy 26 P.O. Box 13130 San Bernardino, CA 92423 27 (909) 889-8301 28 4 SAN DIEGO COUNTY WATER AUTHORITY’S EX PARTE APPLICATION TO SHORTEN TIME FOR BRIEFING AND HEARING METROPOLITAN’S MOTION TO QUASH Case No. CPF-14-514004 1680033 1 Dated: May 12, 2021 KEKER, VAN NEST & PETERS LLP 2 By: 3 Nicholas S. Goldberg 4 Attorneys Petitioner and Plaintiff 5 SAN DIEGO COUNTY WATER AUTHORITY 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5 SAN DIEGO COUNTY WATER AUTHORITY’S EX PARTE APPLICATION TO SHORTEN TIME FOR BRIEFING AND HEARING METROPOLITAN’S MOTION TO QUASH Case No. CPF-14-514004 1680033