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  • IN RE: SAN DIEGO COUNTY WATER AUTHORITY OTHER CIVIL PETITIONS ( writ of mandate; declatory relief; determination of invalidity; breach of contract) document preview
  • IN RE: SAN DIEGO COUNTY WATER AUTHORITY OTHER CIVIL PETITIONS ( writ of mandate; declatory relief; determination of invalidity; breach of contract) document preview
  • IN RE: SAN DIEGO COUNTY WATER AUTHORITY OTHER CIVIL PETITIONS ( writ of mandate; declatory relief; determination of invalidity; breach of contract) document preview
  • IN RE: SAN DIEGO COUNTY WATER AUTHORITY OTHER CIVIL PETITIONS ( writ of mandate; declatory relief; determination of invalidity; breach of contract) document preview
  • IN RE: SAN DIEGO COUNTY WATER AUTHORITY OTHER CIVIL PETITIONS ( writ of mandate; declatory relief; determination of invalidity; breach of contract) document preview
  • IN RE: SAN DIEGO COUNTY WATER AUTHORITY OTHER CIVIL PETITIONS ( writ of mandate; declatory relief; determination of invalidity; breach of contract) document preview
  • IN RE: SAN DIEGO COUNTY WATER AUTHORITY OTHER CIVIL PETITIONS ( writ of mandate; declatory relief; determination of invalidity; breach of contract) document preview
  • IN RE: SAN DIEGO COUNTY WATER AUTHORITY OTHER CIVIL PETITIONS ( writ of mandate; declatory relief; determination of invalidity; breach of contract) document preview
						
                                

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1 OLIVAREZ MADRUGA LEMIEUX O’NEILL, LLP Exempt from filing fee pursuant to STEVEN P. O’NEILL (SBN. 143075) Government Code § 6103 2 soneill@omlolaw.com CHELSEA M. SCHARF (SBN. 312215) ELECTRONICALLY 3 cscharf@omlolaw.com 2659 Townsgate Rd., Suite 226 F I L E D Superior Court of California, 4 Westlake Village, CA 91361 County of San Francisco Telephone: (805) 495-4770 10/15/2020 5 Facsimile: (805) 495-2787 Clerk of the Court BY: JUDITH NUNEZ Deputy Clerk 6 Attorneys for Defendants and Real Parties in Interest 7 EASTERN MUNICIPAL WATER DISTRICT, FOOTHILL MUNICIPAL 8 WATER DISTRICT, LAS VIRGENES MUNICIPAL WATER DISTRICT, WEST 9 BASIN MUNICIPAL WATER DISTRICT, 10 and WESTERN MUNICIPAL WATER DISTRICT 11 SUPERIOR COURT OF THE STATE OF CALIFORNIA 12 FOR THE COUNTY OF SAN FRANCISCO 13 SAN DIEGO COUNTY WATER Case No. CPF-14-514004 AUTHORITY, 14 Assigned for all purposes to the Petitioner and Plaintiff, Hon. Anne-Christine Massullo, Dept. 304 15 v. NOTICE OF JOINDER AND JOINDER 16 IN METROPOLITAN WATER THE METROPOLITAN WATER DISTRICT DISTRICT OF SOUTHERN 17 OF SOUTHERN CALIFORNIA, ALL PERSONS INTERESTED IN THE VALIDITY CALIFORNIA’S MOTION TO STRIKE 18 OF THE RATES ADOPTED BY THE PORTIONS OF FIRST AMENDED METROPOLITAN WATER DISTRICT OF COMPLAINT AND MEMORANDUM 19 SOUTHERN CALIFORNIA ON APRIL 8, OF POINTS AND AUTHORITIES IN 2014 TO BE EFFECTIVE JANUARY 1, 2015 SUPPORT THEREOF (CORRECTED) 20 AND JANUARY 1, 2016; and DOES 1-10, Date: February 10, 2021 21 Respondents and Defendants. Time: 9:15 a.m. 22 23 24 25 26 27 28 NOTICE OF JOINDER AND JOINDER IN MOTION TO STRIKE CASE NO. CPF-14-514004 1 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: 2 PLEASE TAKE NOTICE that Defendants and Real Parties in Interest, Eastern Municipal 3 Water District, Foothill Municipal Water District, Las Virgenes Municipal Water District, West 4 Basin Municipal Water District, and Western Municipal Water District (“Districts”), hereby join 5 in Respondent and Defendant Metropolitan Water District of Southern California’s 6 (“Metropolitan”) Notice of Motion and Motion to Strike Portions of the first through third causes 7 of action in San Diego County Water Authority’s (“San Diego”) First Amended Petition for Writ 8 of Mandate and Complaint for Determination of Invalidity, Damages and Declaratory Relief 9 (“FAC”). 10 Metropolitan filed a Demurrer initially on September 28, 2020, with an alternative Motion 11 to Strike. Districts filed a joinder to the Demurrer and alternative Motion to Strike on September 12 28, 2020. On October 8, 2020, Metropolitan’s counsel received an electronic File & ServeXpress 13 Notice (“F&S Notice”) that Metropolitan’s original filings were rejected because the demurrers 14 and motions to strike are separate motions that require separate notices. Counsel for Districts 15 received a similar notice regarding its joinder. Therefore, in accordance with the instructions 16 contained in the F&S Notice, Districts file this Joinder to the corrected Metropolitan Notice of 17 Motion and Motion to Strike filed on October 13, 2020. 18 This Joinder incorporates the papers filed in support of Metropolitan’s Motion to Strike 19 Portions of the FAC, including the Request for Judicial Notice and exhibits referenced therein. 20 This Joinder will be and hereby is based on this Notice of Joinder and Joinder, the accompanying 21 Memorandum of Points and Authorities, all pleadings and papers on file in this action, and such 22 argument as may be presented at the hearing. 23 Specifically, Districts join in Metropolitan’s Motion to Strike the following allegations in 24 the FAC: 25 1. V.C and V.E.2, paragraphs 4, 21-24, 29, 38-40 and 63, and prayer for relief, 26 paragraph 2(c) in their entirety. 27 2. The following language in paragraph 34 (page 10, lines 6-7), which is incorporated 28 by reference into the First Cause of Action: NOTICE OF JOINDER AND JOINDER IN MOTION TO STRIKE CASE NO. CPF-14-514004 1 “and failed to provide reasonable credit for the offsetting benefits of wheeling 2 transactions”. 3 3. The following language in paragraph 44 (page 12, lines 24-26): 4 “Additionally, Metropolitan failed to analyze or provide reasonable credit for the 5 offsetting benefits generated by the Water Authority’s acquisition and transportation of Non- 6 Metropolitan Water”. 7 4. The following language in paragraph 69 (page 18, lines 14-17): 8 “Additionally, in setting its rates, Metropolitan entirely disregards its legal obligation to 9 provide ‘reasonable credit for any offsetting benefits for the use of [Metropolitan’s] conveyance 10 system’ for transportation of Non-Metropolitan Water.” (Alternation original.) 11 5. The following language in Prayer for Relief, paragraph 1(b) (page 24, lines 5-8): 12 “Calculating and applying the credit due to the Water Authority for the offsetting benefits 13 from the Water Authority’s use of Metropolitan’s conveyance system, as required by Water Code 14 Section 1811(c) and Metropolitan Board Resolution 8520;”. 15 16 Dated: October 15, 2020 OLIVAREZ MADRUGA LEMIEUX O’NEILL, LLP 17 18 By: /s/ Chelsea M. Scharf CHELSEA M. SCHARF 19 Attorneys for Defendants and Real Parties In Interest 20 EASTERN MUNICIPAL WATER DISTRICT, FOOTHILL MUNICIPAL WATER DISTRICT, 21 LAS VIRGENES MUNICIPAL WATER DISTRICT, WEST BASIN MUNICIPAL 22 WATER DISTRICT, AND WESTERN MUNICIPAL WATER DISTRICT 23 24 25 26 27 28 2 NOTICE OF JOINDER AND JOINDER IN MOTION TO STRIKE CASE NO. CPF-14-514004 1 MEMORANDUM OF POINTS AND AUTHORITIES 2 In order to avoid unnecessary duplication, Defendants and Real Parties in Interest Eastern 3 Municipal Water District, Foothill Municipal Water District, Las Virgenes Municipal Water 4 District, West Basin Municipal Water District, and Western Municipal Water District 5 (“Districts”), hereby fully incorporate as their own the factual and legal arguments relating to the 6 first through third causes of action contained in Metropolitan’s Memorandum of Points and 7 Authorities in support of its Motion to Strike portions of the FAC. 8 On those grounds and for the reasons stated therein, Districts respectfully request that this 9 Court grant the Motion to Strike. 10 11 Dated: October 15, 2020 OLIVAREZ MADRUGA LEMIEUX O’NEILL, LLP 12 13 By: /s/ Chelsea M. Scharf CHELSEA M. SCHARF 14 Attorneys for Defendants and Real Parties In Interest 15 EASTERN MUNICIPAL WATER DISTRICT, FOOTHILL MUNICIPAL WATER DISTRICT, 16 LAS VIRGENES MUNICIPAL WATER DISTRICT, WEST BASIN MUNICIPAL 17 WATER DISTRICT, AND WESTERN MUNICIPAL WATER DISTRICT 18 19 20 21 22 23 24 25 26 27 28 3 NOTICE OF JOINDER AND JOINDER IN MOTION TO STRIKE CASE NO. CPF-14-514004 1 PROOF OF SERVICE 2 STATE OF CALIFORNIA, COUNTY OF VENTURA 3 I am employed in the County of Ventura, State of California. I am over the age of eighteen years and am not a party to the within action. My business address is 2659 Townsgate Rd., Suite 226, Westlake Village, 4 CA 91361. 5 On October 15, 2020, I served a true and correct copy of the foregoing document entitled: 6 NOTICE OF JOINDER AND JOINDER IN METROPOLITAN WATER DISTRICT OF SOUTHERN 7 CALIFORNIA’S MOTION TO STRIKE PORTIONS OF FIRST AMENDED COMPLAINT AND MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF (CORRECTED) 8 on the interested parties in this action by placing the document as follows: 9 BY FILE & SERVEXPRESS 10 On the date executed below, I electronically served the documents described above via 11 File & ServeXpress on the recipients designated on the Transaction Receipt located on the via File & ServeXpress website. 12 13 Phillip R. Kaplan Attorneys for Defendant and Respondent Barry W. Lee The Metropolitan Water District of Southern 14 Justin Jones Rodriguez California Manatt, Phelps & Phillips, LLP 15 One Embarcadero Center, 30th Floor San Francisco, CA 94111 16 Email: pkaplan@manatt.com 17 bwlee@manatt.com jjrodriguez@manatt.com 18 Colin C. West Attorneys for Defendant and Respondent 19 Morgan, Lewis & Bockius LLP The Metropolitan Water District of Southern One Market, Spear Street Tower California 20 San Francisco, CA 94105 Email: colin.west@morganlewis.com 21 22 David J. Aleshire Attorneys for Defendant and Respondent 23 Stephen R. Onstot Municipal Water District of Orange County Christine M. Carson 24 Aleshire & Wynder, LLP 18881 Von Karman Avenue, Suite 1700 25 Irvine, CA 92612 26 Email: daleshire@awattorneys.com sonstot@awattorneys.com 27 ccarson@awattorneys.com 28 1 PROOF OF SERVICE Marcia Scully Attorneys for Defendant and Respondent 1 Heather C. Beatty The Metropolitan Water District of Southern Patricia Quilizapa California 2 The Metropolitan Water District of Southern California 3 700 North Alameda Street 4 Los Angeles, CA 90012-2944 Email: mscully@mwdh2o.com 5 hbeatty@mwdh2o.com pquilizapa@mwdh2o.com 6 Michael J. Garcia Attorneys for Defendant and Respondent City of 7 Christine A. Godinez Glendale Dorine Martirosian 8 City of Glendale 613 East Broadway, Suite 220 9 Glendale, CA 91206 Email: mgarcia@glendaleca.gov 10 cgodinez@glendaleca.gov dmartirosian@glendaleca.gov 11 Steven M. Kennedy Attorneys for Defendant and Respondent 12 Brunick, McElhaney & Kennedy Three Valleys Municipal Water District 13 P.O. Box 13130 San Bernardino, CA 92423-3130 14 Email: skennedy@bmklawoffice.com 15 Amrit S. Kulkarni Attorneys for Real Party in Interest Gregory J. Newmark City of Los Angeles 16 Julia Bond Meyers, Nave, Riback, Silver & Wilson 17 1999 Harrison Street, 9th Floor Oakland, CA 94612 18 Email: akulkarni@meyersnave.com gnewmark@meyersnave.com 19 jbond@meyersnave.com 20 Attorneys for Petitioner and Plaintiff San Diego 21 John Keker County Water Authority 22 Dan Jackson Warren A. Braunig 23 Nicholas S. Goldberg KEKER, VAN NEST & PETERS LLP 24 633 Battery Street San Francisco, CA 94111-1809 25 jkeker@keker.com djackson@keker.com 26 wbraunig@keker.com ngoldberg@keker.com 27 28 Mark J. Hattam Attorneys for Petitioner and Plaintiff General Counsel San Diego County Water Authority 2 PROOF OF SERVICE San Diego County Water Authority 1 4677 Overland Avenue San Diego, Ca 92123 2 mhattam@sdcwa.org 3 4 Michael N. Feuer, City Attorney Attorneys for Real Party in Interest City of Los 5 Joseph A. Brajevich Angeles Tina Shim 6 Julie C. Riley Melanie A. Tory 7 221 North Figueroa Street, Suite 1000 8 Los Angeles, CA 90051-0100 Email: michael.feuer@ladwp.com 9 joseph.brajevich@ladwp.com tina.shim@ladwp.com 10 julie.riley@ladwp.com melanie.tory@ladwp.com 11 Patrick Q. Sullivan Attorneys for Defendant and Respondent 12 City of Torrance City of Torrance 13 3031 Torrance Blvd. Torrance, CA 90503-5059 14 Email: psullivan@torranceCA.Gov 15 16 (State) I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 17 18 Executed on October 15, 2020, at Westlake Village, CA. 19 20 Maureen Tucker 21 Printed Name Signature 22 23 24 25 26 27 28 3 PROOF OF SERVICE