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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.
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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
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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
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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
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3 PROOF OF SERVICE
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