Preview
[Exempt From Filing Fee
Government Code § 6103]
1 ALESHIRE & WYNDER, LLP
STEPHEN R. ONSTOT, State Bar No. 139319
2 sonstot@awattorneys.com ELECTRONICALLY
CHRISTINE M. CARSON, State Bar No. 188603
3 ccarson@awattorneys.com F I L E D
Superior Court of California,
2361 Rosecrans Ave. Suite 475 County of San Francisco
4 El Segundo, CA 90245
Telephone: (310) 527-6660 10/14/2020
Clerk of the Court
5 Facsimile: (310) 532-7395 BY: JUDITH NUNEZ
Deputy Clerk
6 Attorneys for Real Party In Interest,
MUNICIPAL WATER DISTRICT OF ORANGE
7 COUNTY
8
9 SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 COUNTY OF SAN FRANCISCO, CIVIC CENTER COURTHOUSE
11
SAN DIEGO COUNTY WATER Case No. CPF-14-514004
12 AUTHORITY,
Assigned for all purposes to the
13 Plaintiff and Petitioner, Hon. Anne-Christine Massullo, Dept. 304
14 v. MWDOC’S NOTICE OF JOINDER AND
JOINDER IN METROPOLITAN WATER
15 METROPOLITAN WATER DISTRICT OF DISTRICT OF SOUTHERN
SOUTHERN CALIFORNIA; ALL PERSONS CALIFORNIA’S DEMURRER;
16 INTERESTED IN THE VALIDITY OF THE MEMORANDUM OF POINTS AND
RATES ADOPTED BY THE AUTHORITIES (CORRECTED)
17 METROPOLITAN WATER DISTRICT OF
SOUTHERN CALIFORNIA ON APRIL 8, Date: February 10, 2021
18 2014 TO BE EFFECTIVE JANUARY 1, 2015 Time: 9:15 am
AND JANUARY 1, 2016; and DOES 1-10, Dept.: 304
19
Defendants and Respondents.
20 Action Filed: May 30, 2014
Trial Date: No date set
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01143.0001/675152.1 -1-
NOTICE OF JOINDER AND JOINDER IN METROPOLITAN WATER DISTRICT OF SOUTHERN
CALIFORNIA’S DEMURRER CASE NO. CPF-14-514004
1 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
2 PLEASE TAKE NOTICE that Real Party in Interest, MUNICIPAL WATER DISTRICT
3 OF ORANGE COUNTY (“MWDOC”), hereby joins in Respondent and Defendant Metropolitan
4 Water District of Southern California’s (“Metropolitan”) Notice of Demurrer and Demurrer to the
5 first through third causes of action in San Diego County Water Authority’s (“San Diego”) First
6 Amended Petition for Writ of Mandate and Complaint for Determination of Invalidity, Damages
7 and Declaratory Relief (“FAC”).
8 Metropolitan filed a Motion to Strike and Demurrer on September 28, 2020, and MWDOC
9 filed joinders on September 28, 2020. On October 8, 2020, Metropolitan’s counsel received an
10 electronic File & ServeXpress Notice (“F&S Notice”) that Metropolitan’s original filings were
11 rejected because the demurrers and motions to strike are separate motions that require separate
12 notices. Counsel for MWDOC received a similar notice regarding its joinders. Therefore, in
13 accordance with the instructions contained in the F&S Notice, MWDOC files this Joinder to the
14 corrected Metropolitan Demurrer filed on October 13, 2020.
15 This Joinder incorporates the papers filed in support of Metropolitan’s Demurrer to the FAC,
16 including the Request for Judicial Notice and exhibits referenced therein. This Joinder will be and
17 hereby is based on this Notice of Joinder and Joinder, the accompanying Memorandum of Points
18 and Authorities, all pleadings and papers on file in this action, and such argument as may be
19 presented at the hearing.
20
DATED: October 14, 2020 ALESHIRE & WYNDER, LLP
21
STEPHEN R. ONSTOT
22 CHRISTINE M. CARSON
23
24 By: /s/ Christine M. Carson
25 CHRISTINE M. CARSON
Attorneys for Real Party In Interest, MUNICIPAL
26 WATER DISTRICT OF ORANGE COUNTY
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01143.0001/675152.1 -2-
NOTICE OF JOINDER AND JOINDER IN METROPOLITAN WATER DISTRICT OF SOUTHERN
CALIFORNIA’S DEMURRER CASE NO. CPF-14-514004
1 MEMORANDUM OF POINTS AND AUTHORITIES
In order to avoid unnecessary duplication, Real Party in Interest MWDOC, hereby fully
2
3 incorporates as its own the factual and legal arguments relating to the first through third causes of
4 action contained in Metropolitan’s Memorandum of Points and Authorities in support of its
5 Demurrer to the SAC. On those grounds and for the reasons stated therein, MWDOC respectfully
6 requests that this Court sustain the Demurrer without leave to amend .
7
8 Dated: October 14, 2020 ALESHIRE & WYNDER, LLP
9
10 By: /s/ Christine M. Carson
CHRISTINE M. CARSON
11 Attorneys for Real Party in Interest
MUNICIPAL WATER DISTRICT OF ORANGE
12 COUNTY
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01143.0001/675152.1 -3-
NOTICE OF JOINDER AND JOINDER IN METROPOLITAN WATER DISTRICT OF SOUTHERN
CALIFORNIA’S DEMURRER CASE NO. CPF-14-514004
1 PROOF OF SERVICE
2 San Francisco Superior Court (Complex Civil)
San Diego County Water Authority v. Metropolitan Water District of Southern California;
3 et al.
4 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES
5 At the time of service, I was over 18 years of age and not a party to this action. I am
employed in the County of Los Angeles, State of California. My business address is 2361 Rosecrans
6 Ave., Suite 475, El Segundo, CA 90245.
7 On October 14, 2020, I served true copies of the following document(s) described as
MWDOC’S NOTICE OF JOINDER AND JOINDER IN METROPOLITAN WATER
8 DISTRICT OF SOUTHERN CALIFORNIA’S DEMURRER; MEMORANDUM OF
POINTS AND AUTHORITIES (CORRECTED) on the interested parties in this action as
9 follows:
10 SEE ATTACHED SERVICE LIST
11 BY ELECTRONIC SERVICE: I electronically filed the document(s) with the Clerk of
the Court by using the File & ServeXpress system. Participants in the case who are registered users
12 will be served by the File & ServeXpress system. Participants in the case who are not registered
users will be served by mail or by other means permitted by the court rules.
13
I declare under penalty of perjury under the laws of the State of California that the foregoing
14 is true and correct.
15 Executed on October 14, 2020, at El Segundo, California.
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Lilia E. Madrid
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01143.0001/675152.1 -4-
NOTICE OF JOINDER AND JOINDER IN METROPOLITAN WATER DISTRICT OF SOUTHERN
CALIFORNIA’S DEMURRER CASE NO. CPF-14-514004
1 SERVICE LIST
San Francisco Superior Court (Complex Civil)
2 San Diego County Water Authority v. Metropolitan Water District of Southern California; et al.
Case No. CPF-10-510830, Case No. CPF-12-512466, and CPF-14-514004
3 (Mandatory e-file and e-service thru File&ServeXpress)
4 Via Electronic Service (email)
5 John Keker, Esq. Attorneys for Plaintiff/Petitioner,
Daniel Purcell, Esq. San Diego County Water Authority
6 Dan Jackson, Esq.
Warren A. Braunig, Esq.
7 KEKER & VAN NEST LLP
633 Battery Street
8 San Francisco, CA 94111-1809
Telephone:(415) 391-5400
9 Facsimile: (415) 397-7188
Emails: jkeker@kvn.com
10 wbraunig@kvn.com
dpurcell@kvn.com
11 djackson@kvn.com
12 Mark J. Hattam, Esq. Attorneys for Plaintiff/Petitioner,
SAN DIEGO COUNTY WATER San Diego County Water Authority
13 AUTHORITY
4677 Overland Avenue
14 San Diego, CA 92123-1233
Telephone: (858) 522-6790
15 Facsimile: (858) 522-6566
Email: dhentschke@sdcwa.org
16
MORGAN LEWIS AND BOCKIUS Attorneys for Defendant/Respondent,
17 Colin West The Metropolitan Water District of Southern
One Market, Spear St. Tower California
18 San Francisco, CA 94105-1596
(415) 422-1000
19 colin.west@morganlewis.com
20
21
22 Marcia Scully, Esq. Attorneys for Defendant/Respondent,
Heather Beatty, Esq. The Metropolitan Water District of Southern
23 THE METROPOLITAN WATER DISTRICT California
OF SOUTHERN CALIFORNIA
24 700 North Alameda Street
Los Angeles, CA 90012-2944
25 Telephone: (213) 217-6517
Facsimile: (213) 217-6890
26 Emails: mscully@mwdh2o.com
hbeatty@mwdh2o.com
27 sbennion@mwdh2o.com
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01143.0001/675152.1 -5-
NOTICE OF JOINDER AND JOINDER IN METROPOLITAN WATER DISTRICT OF SOUTHERN
CALIFORNIA’S DEMURRER CASE NO. CPF-14-514004
1 Steven P. O'Neill, Esq. Attorneys for Real Parties In Interest:
OLIVAREZ MADRUGA LEMIEUX AND • Foothill Municipal Water District
2 O'NEILL • Eastern Municipal Water District
4165 East Thousand Oaks Blvd., Suite 350 • Las Virgenes Municipal Water District
3 Westlake Village, CA 91362 • West Basin Municipal Water District
Telephone: (805) 495-4770 • Western Municipal Water District
4 Facsimile: (805) 495-2787
Emails: soneill@omlolaw.com
5
6 Patrick Q. Sullivan, Esq. Attorneys for Respondent and Real Party In
OFFICE OF THE CITY ATTORNEY Interest, City of Torrance
7 3031 Torrance Boulevard
Torrance, CA 90503-5049
8 Telephone: (310) 618-5810
Facsimile: (310) 618-5813
9 Emails: psullivan@torranceca.gov
jfellows@torranceca.gov
10
Steven M. Kennedy, Esq. Attorneys for Respondent and Real Party In
11 BRUNICK, MCELHANEY, BECKETT & Interest, Three Valleys Municipal Water
KENNEDY District
12 1839 Commercenter West
San Bernardino, CA 92408
13 Telephone: (909) 889-8301
Facsimile: (909) 388-1889
14 Email: skennedy@bmblawoffice.com
15 Michael N. Feuer, City Attorney Attorneys for Respondent and Real Party In
Melanie A. Tory, Esq., Deputy City Attorney Interest, City of Los Angeles, Acting by and
16 CITY OF LOS ANGELES through the Los Angeles Department of Water
111 North Hope Street, Suite 340 and Power
17 Los Angeles, CA 90012
Telephone: (213) 367-4500
18 Facsimile: (213) 241-1433
Emails: richard.brown@ladwp.com
19 melanie.tory@ladwp.com
20 Amrit S. Kulkarni, Esq. Attorney for Respondent and Real Party In
Gregory Newmark, Esq. Interest, City of Los Angeles,
21 MEYERS, NAVE, RIBACK, SILVER &
WILSON
22 555 12th Street, Suite 1500
Oakland, CA 94607
23 Telephone: (510) 808-2000
Facsimile: (510) 444-1108
24 Emails: akulkarni@meyersnave.com
jbond@meyersnave.com
25 dmcintosh@meyersnave.com
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01143.0001/675152.1 -6-
NOTICE OF JOINDER AND JOINDER IN METROPOLITAN WATER DISTRICT OF SOUTHERN
CALIFORNIA’S DEMURRER CASE NO. CPF-14-514004
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Preview
[Exempt From Filing Fee Government Code § 6103] 1 ALESHIRE & WYNDER, LLP STEPHEN R. ONSTOT, State Bar No. 139319 2 sonstot@awattorneys.com ELECTRONICALLY CHRISTINE M. CARSON, State Bar No. 188603 3 ccarson@awattorneys.com F I L E D Superior Court of California, 2361 Rosecrans Ave. Suite 475 County of San Francisco 4 El Segundo, CA 90245 Telephone: (310) 527-6660 10/14/2020 Clerk of the Court 5 Facsimile: (310) 532-7395 BY: JUDITH NUNEZ Deputy Clerk 6 Attorneys for Real Party In Interest, MUNICIPAL WATER DISTRICT OF ORANGE 7 COUNTY 8 9 SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 COUNTY OF SAN FRANCISCO, CIVIC CENTER COURTHOUSE 11 SAN DIEGO COUNTY WATER Case No. CPF-14-514004 12 AUTHORITY, Assigned for all purposes to the 13 Plaintiff and Petitioner, Hon. Anne-Christine Massullo, Dept. 304 14 v. MWDOC’S NOTICE OF JOINDER AND JOINDER IN METROPOLITAN WATER 15 METROPOLITAN WATER DISTRICT OF DISTRICT OF SOUTHERN SOUTHERN CALIFORNIA; ALL PERSONS CALIFORNIA’S DEMURRER; 16 INTERESTED IN THE VALIDITY OF THE MEMORANDUM OF POINTS AND RATES ADOPTED BY THE AUTHORITIES (CORRECTED) 17 METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA ON APRIL 8, Date: February 10, 2021 18 2014 TO BE EFFECTIVE JANUARY 1, 2015 Time: 9:15 am AND JANUARY 1, 2016; and DOES 1-10, Dept.: 304 19 Defendants and Respondents. 20 Action Filed: May 30, 2014 Trial Date: No date set 21 22 23 24 25 26 27 28 01143.0001/675152.1 -1- NOTICE OF JOINDER AND JOINDER IN METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA’S DEMURRER CASE NO. CPF-14-514004 1 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: 2 PLEASE TAKE NOTICE that Real Party in Interest, MUNICIPAL WATER DISTRICT 3 OF ORANGE COUNTY (“MWDOC”), hereby joins in Respondent and Defendant Metropolitan 4 Water District of Southern California’s (“Metropolitan”) Notice of Demurrer and Demurrer to the 5 first through third causes of action in San Diego County Water Authority’s (“San Diego”) First 6 Amended Petition for Writ of Mandate and Complaint for Determination of Invalidity, Damages 7 and Declaratory Relief (“FAC”). 8 Metropolitan filed a Motion to Strike and Demurrer on September 28, 2020, and MWDOC 9 filed joinders on September 28, 2020. On October 8, 2020, Metropolitan’s counsel received an 10 electronic File & ServeXpress Notice (“F&S Notice”) that Metropolitan’s original filings were 11 rejected because the demurrers and motions to strike are separate motions that require separate 12 notices. Counsel for MWDOC received a similar notice regarding its joinders. Therefore, in 13 accordance with the instructions contained in the F&S Notice, MWDOC files this Joinder to the 14 corrected Metropolitan Demurrer filed on October 13, 2020. 15 This Joinder incorporates the papers filed in support of Metropolitan’s Demurrer to the FAC, 16 including the Request for Judicial Notice and exhibits referenced therein. This Joinder will be and 17 hereby is based on this Notice of Joinder and Joinder, the accompanying Memorandum of Points 18 and Authorities, all pleadings and papers on file in this action, and such argument as may be 19 presented at the hearing. 20 DATED: October 14, 2020 ALESHIRE & WYNDER, LLP 21 STEPHEN R. ONSTOT 22 CHRISTINE M. CARSON 23 24 By: /s/ Christine M. Carson 25 CHRISTINE M. CARSON Attorneys for Real Party In Interest, MUNICIPAL 26 WATER DISTRICT OF ORANGE COUNTY 27 28 01143.0001/675152.1 -2- NOTICE OF JOINDER AND JOINDER IN METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA’S DEMURRER CASE NO. CPF-14-514004 1 MEMORANDUM OF POINTS AND AUTHORITIES In order to avoid unnecessary duplication, Real Party in Interest MWDOC, hereby fully 2 3 incorporates as its own the factual and legal arguments relating to the first through third causes of 4 action contained in Metropolitan’s Memorandum of Points and Authorities in support of its 5 Demurrer to the SAC. On those grounds and for the reasons stated therein, MWDOC respectfully 6 requests that this Court sustain the Demurrer without leave to amend . 7 8 Dated: October 14, 2020 ALESHIRE & WYNDER, LLP 9 10 By: /s/ Christine M. Carson CHRISTINE M. CARSON 11 Attorneys for Real Party in Interest MUNICIPAL WATER DISTRICT OF ORANGE 12 COUNTY 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 01143.0001/675152.1 -3- NOTICE OF JOINDER AND JOINDER IN METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA’S DEMURRER CASE NO. CPF-14-514004 1 PROOF OF SERVICE 2 San Francisco Superior Court (Complex Civil) San Diego County Water Authority v. Metropolitan Water District of Southern California; 3 et al. 4 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES 5 At the time of service, I was over 18 years of age and not a party to this action. I am employed in the County of Los Angeles, State of California. My business address is 2361 Rosecrans 6 Ave., Suite 475, El Segundo, CA 90245. 7 On October 14, 2020, I served true copies of the following document(s) described as MWDOC’S NOTICE OF JOINDER AND JOINDER IN METROPOLITAN WATER 8 DISTRICT OF SOUTHERN CALIFORNIA’S DEMURRER; MEMORANDUM OF POINTS AND AUTHORITIES (CORRECTED) on the interested parties in this action as 9 follows: 10 SEE ATTACHED SERVICE LIST 11 BY ELECTRONIC SERVICE: I electronically filed the document(s) with the Clerk of the Court by using the File & ServeXpress system. Participants in the case who are registered users 12 will be served by the File & ServeXpress system. Participants in the case who are not registered users will be served by mail or by other means permitted by the court rules. 13 I declare under penalty of perjury under the laws of the State of California that the foregoing 14 is true and correct. 15 Executed on October 14, 2020, at El Segundo, California. 16 17 Lilia E. Madrid 18 19 20 21 22 23 24 25 26 27 28 01143.0001/675152.1 -4- NOTICE OF JOINDER AND JOINDER IN METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA’S DEMURRER CASE NO. CPF-14-514004 1 SERVICE LIST San Francisco Superior Court (Complex Civil) 2 San Diego County Water Authority v. Metropolitan Water District of Southern California; et al. Case No. CPF-10-510830, Case No. CPF-12-512466, and CPF-14-514004 3 (Mandatory e-file and e-service thru File&ServeXpress) 4 Via Electronic Service (email) 5 John Keker, Esq. Attorneys for Plaintiff/Petitioner, Daniel Purcell, Esq. San Diego County Water Authority 6 Dan Jackson, Esq. Warren A. Braunig, Esq. 7 KEKER & VAN NEST LLP 633 Battery Street 8 San Francisco, CA 94111-1809 Telephone:(415) 391-5400 9 Facsimile: (415) 397-7188 Emails: jkeker@kvn.com 10 wbraunig@kvn.com dpurcell@kvn.com 11 djackson@kvn.com 12 Mark J. Hattam, Esq. Attorneys for Plaintiff/Petitioner, SAN DIEGO COUNTY WATER San Diego County Water Authority 13 AUTHORITY 4677 Overland Avenue 14 San Diego, CA 92123-1233 Telephone: (858) 522-6790 15 Facsimile: (858) 522-6566 Email: dhentschke@sdcwa.org 16 MORGAN LEWIS AND BOCKIUS Attorneys for Defendant/Respondent, 17 Colin West The Metropolitan Water District of Southern One Market, Spear St. Tower California 18 San Francisco, CA 94105-1596 (415) 422-1000 19 colin.west@morganlewis.com 20 21 22 Marcia Scully, Esq. Attorneys for Defendant/Respondent, Heather Beatty, Esq. The Metropolitan Water District of Southern 23 THE METROPOLITAN WATER DISTRICT California OF SOUTHERN CALIFORNIA 24 700 North Alameda Street Los Angeles, CA 90012-2944 25 Telephone: (213) 217-6517 Facsimile: (213) 217-6890 26 Emails: mscully@mwdh2o.com hbeatty@mwdh2o.com 27 sbennion@mwdh2o.com 28 01143.0001/675152.1 -5- NOTICE OF JOINDER AND JOINDER IN METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA’S DEMURRER CASE NO. CPF-14-514004 1 Steven P. O'Neill, Esq. Attorneys for Real Parties In Interest: OLIVAREZ MADRUGA LEMIEUX AND • Foothill Municipal Water District 2 O'NEILL • Eastern Municipal Water District 4165 East Thousand Oaks Blvd., Suite 350 • Las Virgenes Municipal Water District 3 Westlake Village, CA 91362 • West Basin Municipal Water District Telephone: (805) 495-4770 • Western Municipal Water District 4 Facsimile: (805) 495-2787 Emails: soneill@omlolaw.com 5 6 Patrick Q. Sullivan, Esq. Attorneys for Respondent and Real Party In OFFICE OF THE CITY ATTORNEY Interest, City of Torrance 7 3031 Torrance Boulevard Torrance, CA 90503-5049 8 Telephone: (310) 618-5810 Facsimile: (310) 618-5813 9 Emails: psullivan@torranceca.gov jfellows@torranceca.gov 10 Steven M. Kennedy, Esq. Attorneys for Respondent and Real Party In 11 BRUNICK, MCELHANEY, BECKETT & Interest, Three Valleys Municipal Water KENNEDY District 12 1839 Commercenter West San Bernardino, CA 92408 13 Telephone: (909) 889-8301 Facsimile: (909) 388-1889 14 Email: skennedy@bmblawoffice.com 15 Michael N. Feuer, City Attorney Attorneys for Respondent and Real Party In Melanie A. Tory, Esq., Deputy City Attorney Interest, City of Los Angeles, Acting by and 16 CITY OF LOS ANGELES through the Los Angeles Department of Water 111 North Hope Street, Suite 340 and Power 17 Los Angeles, CA 90012 Telephone: (213) 367-4500 18 Facsimile: (213) 241-1433 Emails: richard.brown@ladwp.com 19 melanie.tory@ladwp.com 20 Amrit S. Kulkarni, Esq. Attorney for Respondent and Real Party In Gregory Newmark, Esq. Interest, City of Los Angeles, 21 MEYERS, NAVE, RIBACK, SILVER & WILSON 22 555 12th Street, Suite 1500 Oakland, CA 94607 23 Telephone: (510) 808-2000 Facsimile: (510) 444-1108 24 Emails: akulkarni@meyersnave.com jbond@meyersnave.com 25 dmcintosh@meyersnave.com 26 27 28 01143.0001/675152.1 -6- NOTICE OF JOINDER AND JOINDER IN METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA’S DEMURRER CASE NO. CPF-14-514004