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1 MANATT, PHELPS & PHILLIPS, LLP Exempt from filing fee pursuant to
Barry W. Lee (SBN 88685) Government Code § 6103
2 Justin Jones Rodriguez (SBN 279080)
One Embarcadero Center, 30th Floor ELECTRONICALLY
3 San Francisco, California 94111
Telephone: (415) 291-7450
F I L E D
Superior Court of California,
4 Facsimile: (415) 291-7474 County of San Francisco
Email: bwlee@manatt.com 05/13/2021
5 Email: jjrodriguez@manatt.com Clerk of the Court
BY: SANDRA SCHIRO
Deputy Clerk
6 THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA
Marcia Scully (SBN 80648)
7 Heather C. Beatty (SBN 161907)
Patricia J. Quilizapa (SBN 233745)
8 700 North Alameda Street
Los Angeles, CA 90012-2944
9 Telephone: (213) 217-6834
Facsimile: (213) 217-6890
10 Email: hbeatty@mwdh2o.com
11 Attorneys for Respondent, Defendant, and Cross-Complainant
THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA
12
Additional counsel listed on page following caption
13
14 SUPERIOR COURT OF THE STATE OF CALIFORNIA
15 FOR THE COUNTY OF SAN FRANCISCO
16
17 SAN DIEGO COUNTY WATER AUTHORITY, Case No. CPF-14-514004
Assigned for all purposes to the
18 Petitioner and Plaintiff, Hon. Anne-Christine Massullo, Dept. 304
19 vs. METROPOLITAN’S NOTICE OF
MOTION TO QUASH AMENDED
20 THE METROPOLITAN WATER DISTRICT DEPOSITION SUBPOENA FOR
OF SOUTHERN CALIFORNIA, ALL PERSONAL APPEARANCE AND
21 PERSONS INTERESTED IN THE VALIDITY PRODUCTION OF DOCUMENTS AND
OF THE RATES ADOPTED BY THE THINGS TO NONPARTY LINDA
22 METROPOLITAN WATER DISTRICT OF WAADE
SOUTHERN CALIFORNIA ON APRIL 8,
23 2014 TO BE EFFECTIVE JANUARY 1, 2015 [Concurrently filed with (1) Memorandum
AND JANUARY 1, 2016; and DOES 1-10, of Points and Authorities; (2) Separate
24 Statement; (3) Declaration of Barry W. Lee;
Respondents and Defendants. (4) [Proposed] Order.]
25
Date/Time: June 10, 2021; 11:00 a.m.
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M ANATT , P HELPS &
P HILLIPS , LLP
ATTO RNEY S AT LAW
LOS A NG EL ES METROPOLITAN’S NOTICE OF MOTION AND MOTION TO QUASH WAADE SUBPOENA
1 THE METROPOLITAN WATER DISTRICT OF
SOUTHERN CALIFORNIA,
2
Respondent, Defendant and
3 Cross-Complainant,
4 vs.
5 SAN DIEGO COUNTY WATER
AUTHORITY,
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Petitioner, Plaintiff and Cross-
7 Defendant.
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M ANATT , P HELPS &
P HILLIPS , LLP 2
ATTO RNEY S AT LAW
LOS A NG EL ES METROPOLITAN’S NOTICE OF MOTION AND MOTION TO QUASH WAADE SUBPOENA
1 MILLER BARONDESS LLP
Mira Hashmall (SBN 216842)
2 1999 Avenue of the Stars, Suite 1000
Los Angeles, California 90067
3 Telephone: 310-552-4400
Facsimile: 310-552-8400
4 Email: mhashmall@millerbarondess.com
5 MORGAN, LEWIS & BOCKIUS LLP
Colin C. West (SBN 184095)
6 One Market, Spear Street Tower
San Francisco, California 94105-1596
7 Telephone: (415) 422-1000
Facsimile: (415) 422-1101
8 Email: colin.west@morganlewis.com
9 Attorneys for Respondent, Defendant, and Cross-Complainant
THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA
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M ANATT , P HELPS &
P HILLIPS , LLP 3
ATTO RNEY S AT LAW
LOS A NG EL ES METROPOLITAN’S NOTICE OF MOTION AND MOTION TO QUASH WAADE SUBPOENA
1 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
2 PLEASE TAKE NOTICE THAT on June 10, 2021 at 11:00 a.m. or as soon after as the
3 matter can be heard in Department 304 of the San Francisco County Superior Court, located at
4 400 McAllister Street, San Francisco, California 94102, Respondent, Defendant, and Cross-
5 Complainant Metropolitan Water District of Southern California (“Metropolitan”), will and does
6 move this Court for an order quashing the amended deposition subpoena for personal appearance
7 and production of documents and things to nonparty Linda Waade 1 issued by Petitioner, Plaintiff
8 and Cross-Defendant, San Diego County Water Authority (“San Diego”). See Code Civ. Proc. §§
9 1987.1 (motion to quash), 2025.410(c) (the deposition is stayed during the motion’s pendency).
10 Metropolitan makes this motion following the May 13, 2021 hearing on San Diego’s ex
11 parte application to shorten time, which the Court denied without prejudice. The Court instructed
12 Metropolitan to file any motion regarding the subpoena within ten days. The Court also noted that
13 a motion to quash would be due on May 13, 2021, and a motion for protective order seeking to
14 preclude the deposition would need to be filed before the deposition commences.
15 This motion is made on the following grounds:
16 1. The subpoena and corresponding notice of deposition are improper in the 2010 and
17 2012 Actions because this Court already entered final judgment in those cases on August 13,
18 2020. Except for discovery permitted under the Enforcement of Judgments Law to aid in
19 enforcing a money judgment (Code Civ. Proc. §§ 708.010-708.030), the Discovery Act does not
20 permit post-judgment discovery. Id. § 2016.070; Fox Johns Lazar Pekin & Wexler, APC v.
21 Superior Court, 219 Cal. App. 4th 1210, 1219 (2013). Metropolitan has paid the money awards in
22 the 2010 and 2012 judgments. There could be no money judgment to enforce here.
23 2. The discovery San Diego seeks is irrelevant in all five actions between the parties
24 assigned to this Court and is not reasonably calculated to lead to the discovery of admissible
25 evidence.
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Identical amended notices and subpoenas were served in each of San Diego County Water
27 Authority v. Metropolitan Water District of Southern California et al, Case Nos. CPF-10-510830
(“2010 Action”), CPF-12-512466 (“2012 Action”); CPF-14-514004 (“2014 Action”), CPF-16-
28 515282 (“2016 Action”), CPF-18-516389 (“2018 Action”).
M ANATT , P HELPS &
P HILLIPS , LLP
ATTO RNEY S AT LAW
LOS A NG EL ES METROPOLITAN’S NOTICE OF MOTION AND MOTION TO QUASH WAADE SUBPOENA
1 3. The discovery San Diego seeks implicates highly sensitive, private information of
2 nonparties, including private personnel information that Metropolitan is obligated to protect.
3 4. The discovery San Diego seeks is for an improper purpose, including to harass and
4 humiliate Metropolitan, certain Metropolitan employees, and nonparties.
5 Counsel for Metropolitan and counsel for San Diego met and conferred on May 4, 2021
6 and May 6, 2021, but were unable to resolve this discovery dispute. The parties also exchanged
7 letter briefs in preparation for an Informal Discovery Conference. The conference was taken off
8 calendar at the hearing on San Diego’s ex parte application.
9 This motion is based on this notice, the concurrently filed memorandum of points and
10 authorities and separate statement, the Declaration of Barry W. Lee, and further or additional
11 evidence and argument that is properly submitted to the Court before or during the hearing.
12
13 Dated: May 13, 2021 MANATT, PHELPS & PHILLIPS, LLP
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By:
15
BARRY W. LEE
16
Attorneys for Respondent, Defendant, and
17 Cross-Complainant
METROPOLITAN WATER DISTRICT
18 OF SOUTHERN CALIFORNIA
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M ANATT , P HELPS &
P HILLIPS , LLP 2
ATTO RNEY S AT LAW
LOS A NG EL ES METROPOLITAN’S NOTICE OF MOTION AND MOTION TO QUASH WAADE SUBPOENA
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Preview
1 MANATT, PHELPS & PHILLIPS, LLP Exempt from filing fee pursuant to Barry W. Lee (SBN 88685) Government Code § 6103 2 Justin Jones Rodriguez (SBN 279080) One Embarcadero Center, 30th Floor ELECTRONICALLY 3 San Francisco, California 94111 Telephone: (415) 291-7450 F I L E D Superior Court of California, 4 Facsimile: (415) 291-7474 County of San Francisco Email: bwlee@manatt.com 05/13/2021 5 Email: jjrodriguez@manatt.com Clerk of the Court BY: SANDRA SCHIRO Deputy Clerk 6 THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA Marcia Scully (SBN 80648) 7 Heather C. Beatty (SBN 161907) Patricia J. Quilizapa (SBN 233745) 8 700 North Alameda Street Los Angeles, CA 90012-2944 9 Telephone: (213) 217-6834 Facsimile: (213) 217-6890 10 Email: hbeatty@mwdh2o.com 11 Attorneys for Respondent, Defendant, and Cross-Complainant THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA 12 Additional counsel listed on page following caption 13 14 SUPERIOR COURT OF THE STATE OF CALIFORNIA 15 FOR THE COUNTY OF SAN FRANCISCO 16 17 SAN DIEGO COUNTY WATER AUTHORITY, Case No. CPF-14-514004 Assigned for all purposes to the 18 Petitioner and Plaintiff, Hon. Anne-Christine Massullo, Dept. 304 19 vs. METROPOLITAN’S NOTICE OF MOTION TO QUASH AMENDED 20 THE METROPOLITAN WATER DISTRICT DEPOSITION SUBPOENA FOR OF SOUTHERN CALIFORNIA, ALL PERSONAL APPEARANCE AND 21 PERSONS INTERESTED IN THE VALIDITY PRODUCTION OF DOCUMENTS AND OF THE RATES ADOPTED BY THE THINGS TO NONPARTY LINDA 22 METROPOLITAN WATER DISTRICT OF WAADE SOUTHERN CALIFORNIA ON APRIL 8, 23 2014 TO BE EFFECTIVE JANUARY 1, 2015 [Concurrently filed with (1) Memorandum AND JANUARY 1, 2016; and DOES 1-10, of Points and Authorities; (2) Separate 24 Statement; (3) Declaration of Barry W. Lee; Respondents and Defendants. (4) [Proposed] Order.] 25 Date/Time: June 10, 2021; 11:00 a.m. 26 27 28 M ANATT , P HELPS & P HILLIPS , LLP ATTO RNEY S AT LAW LOS A NG EL ES METROPOLITAN’S NOTICE OF MOTION AND MOTION TO QUASH WAADE SUBPOENA 1 THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA, 2 Respondent, Defendant and 3 Cross-Complainant, 4 vs. 5 SAN DIEGO COUNTY WATER AUTHORITY, 6 Petitioner, Plaintiff and Cross- 7 Defendant. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 M ANATT , P HELPS & P HILLIPS , LLP 2 ATTO RNEY S AT LAW LOS A NG EL ES METROPOLITAN’S NOTICE OF MOTION AND MOTION TO QUASH WAADE SUBPOENA 1 MILLER BARONDESS LLP Mira Hashmall (SBN 216842) 2 1999 Avenue of the Stars, Suite 1000 Los Angeles, California 90067 3 Telephone: 310-552-4400 Facsimile: 310-552-8400 4 Email: mhashmall@millerbarondess.com 5 MORGAN, LEWIS & BOCKIUS LLP Colin C. West (SBN 184095) 6 One Market, Spear Street Tower San Francisco, California 94105-1596 7 Telephone: (415) 422-1000 Facsimile: (415) 422-1101 8 Email: colin.west@morganlewis.com 9 Attorneys for Respondent, Defendant, and Cross-Complainant THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 M ANATT , P HELPS & P HILLIPS , LLP 3 ATTO RNEY S AT LAW LOS A NG EL ES METROPOLITAN’S NOTICE OF MOTION AND MOTION TO QUASH WAADE SUBPOENA 1 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: 2 PLEASE TAKE NOTICE THAT on June 10, 2021 at 11:00 a.m. or as soon after as the 3 matter can be heard in Department 304 of the San Francisco County Superior Court, located at 4 400 McAllister Street, San Francisco, California 94102, Respondent, Defendant, and Cross- 5 Complainant Metropolitan Water District of Southern California (“Metropolitan”), will and does 6 move this Court for an order quashing the amended deposition subpoena for personal appearance 7 and production of documents and things to nonparty Linda Waade 1 issued by Petitioner, Plaintiff 8 and Cross-Defendant, San Diego County Water Authority (“San Diego”). See Code Civ. Proc. §§ 9 1987.1 (motion to quash), 2025.410(c) (the deposition is stayed during the motion’s pendency). 10 Metropolitan makes this motion following the May 13, 2021 hearing on San Diego’s ex 11 parte application to shorten time, which the Court denied without prejudice. The Court instructed 12 Metropolitan to file any motion regarding the subpoena within ten days. The Court also noted that 13 a motion to quash would be due on May 13, 2021, and a motion for protective order seeking to 14 preclude the deposition would need to be filed before the deposition commences. 15 This motion is made on the following grounds: 16 1. The subpoena and corresponding notice of deposition are improper in the 2010 and 17 2012 Actions because this Court already entered final judgment in those cases on August 13, 18 2020. Except for discovery permitted under the Enforcement of Judgments Law to aid in 19 enforcing a money judgment (Code Civ. Proc. §§ 708.010-708.030), the Discovery Act does not 20 permit post-judgment discovery. Id. § 2016.070; Fox Johns Lazar Pekin & Wexler, APC v. 21 Superior Court, 219 Cal. App. 4th 1210, 1219 (2013). Metropolitan has paid the money awards in 22 the 2010 and 2012 judgments. There could be no money judgment to enforce here. 23 2. The discovery San Diego seeks is irrelevant in all five actions between the parties 24 assigned to this Court and is not reasonably calculated to lead to the discovery of admissible 25 evidence. 26 1 Identical amended notices and subpoenas were served in each of San Diego County Water 27 Authority v. Metropolitan Water District of Southern California et al, Case Nos. CPF-10-510830 (“2010 Action”), CPF-12-512466 (“2012 Action”); CPF-14-514004 (“2014 Action”), CPF-16- 28 515282 (“2016 Action”), CPF-18-516389 (“2018 Action”). M ANATT , P HELPS & P HILLIPS , LLP ATTO RNEY S AT LAW LOS A NG EL ES METROPOLITAN’S NOTICE OF MOTION AND MOTION TO QUASH WAADE SUBPOENA 1 3. The discovery San Diego seeks implicates highly sensitive, private information of 2 nonparties, including private personnel information that Metropolitan is obligated to protect. 3 4. The discovery San Diego seeks is for an improper purpose, including to harass and 4 humiliate Metropolitan, certain Metropolitan employees, and nonparties. 5 Counsel for Metropolitan and counsel for San Diego met and conferred on May 4, 2021 6 and May 6, 2021, but were unable to resolve this discovery dispute. The parties also exchanged 7 letter briefs in preparation for an Informal Discovery Conference. The conference was taken off 8 calendar at the hearing on San Diego’s ex parte application. 9 This motion is based on this notice, the concurrently filed memorandum of points and 10 authorities and separate statement, the Declaration of Barry W. Lee, and further or additional 11 evidence and argument that is properly submitted to the Court before or during the hearing. 12 13 Dated: May 13, 2021 MANATT, PHELPS & PHILLIPS, LLP 14 By: 15 BARRY W. LEE 16 Attorneys for Respondent, Defendant, and 17 Cross-Complainant METROPOLITAN WATER DISTRICT 18 OF SOUTHERN CALIFORNIA 19 20 21 22 23 24 25 26 27 28 M ANATT , P HELPS & P HILLIPS , LLP 2 ATTO RNEY S AT LAW LOS A NG EL ES METROPOLITAN’S NOTICE OF MOTION AND MOTION TO QUASH WAADE SUBPOENA