Preview
1 KEKER, VAN NEST & PETERS LLP
JOHN W. KEKER - # 49092
2 jkeker@keker.com
ELECTRONICALLY
DAN JACKSON - # 216091
3 djackson@keker.com F I L E D
WARREN A. BRAUNIG - # 243884 Superior Court of California,
County of San Francisco
4 wbraunig@keker.com
NICHOLAS S. GOLDBERG - # 273614 04/04/2022
5 ngoldberg@keker.com Clerk of the Court
BY: RONNIE OTERO
633 Battery Street Deputy Clerk
6 San Francisco, CA 94111-1809
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, Plaintiff, and Cross-Defendant 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 Lead Case No. CPF-14-514004
AUTHORITY,
18 Consolidated with: Case Nos. CPF-16-515282
Petitioner and Plaintiff, & CPF-18-516389
19
v. PROOF OF SERVICE
20
METROPOLITAN WATER DISTRICT OF Dept.: 306
21 Judge: Hon. Anne-Christine Massullo
SOUTHERN CALIFORNIA; ALL
22 PERSONS INTERESTED IN THE
VALIDITY OF THE RATES ADOPTED Date Filed: May 30, 2014
23 BY THE METROPOLITAN WATER Trial Date: May 16, 2022
DISTRICT OF SOUTHERN CALIFORNIA
24 ON APRIL 8, 2014 TO BE EFFECTIVE
JANUARY 1, 2015 AND JANUARY 1,
25 2016; and DOES 1-10,
26 Respondents and Defendants.
27
28
SDCWA’S OBJECTION TO METROPOLITAN’S [PROPOSED] ORDER
Lead Case No. CPF-14-514004
1846234
1
METROPOLITAN WATER DISTRICT OF
2 SOUTHERN CALIFORNIA,
3 Cross-Complainant,
4 v.
5 SAN DIEGO COUNTY WATER
AUTHORITY,
6
Cross-Defendant.
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SDCWA’S OBJECTION TO METROPOLITAN’S [PROPOSED] ORDER
Lead Case No. CPF-14-514004
1846234
1 PROOF OF SERVICE
2 I am employed in the City and County of San Francisco, State of California in the office of a
member of the bar of this court at whose direction the following service was made. I am over the
3
age of eighteen years and not a party to the within action. My business address is Keker, Van
4 Nest & Peters LLP, 633 Battery Street, San Francisco, CA 94111-1809.
5 On April 4, 2022, I served the following document(s):
6 1. SAN DIEGO COUNTY WATER AUTHORITY’S REPLY IN SUPPORT OF
ITS MOTION FOR SUMMARY ADJUDICATION;
7 2. SAN DIEGO COUNTY WATER AUTHORITY’S RESPONSE TO
METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA’S
8
EVIDENTIARY OBJECTIONS;
9 3. SAN DIEGO COUNTY WATER AUTHORITY’S RESPONSE TO
METROPOLITAN WATER DISTRICT’S PURPORTED “ADDITIONAL
10 FACTS” IN THE 2014 ACTION;
4. SAN DIEGO COUNTY WATER AUTHORITY’S RESPONSE TO
11 METROPOLITAN WATER DISTRICT’S PURPORTED “ADDITIONAL
12 FACTS” IN THE 2016 ACTION;
5. SAN DIEGO COUNTY WATER AUTHORITY’S RESPONSE TO
13 METROPOLITAN WATER DISTRICT’S PURPORTED “ADDITIONAL
FACTS” IN THE 2018 ACTION;
14 6. SAN DIEGO COUNTY WATER AUTHORITY’S REPLY IN SUPPORT OF
ITS REQUEST FOR JUDICIAL NOTICE;
15
by serving a true copy of the above-described documents in the following manner:
16
17
BY FILE & SERVEXPRESS
18
19 On the date executed below, I electronically served or served via U.S. Mail the documents
20 described above via File & ServeXpress on the recipients designated on the Transaction
Receipt located on the via File & ServeXpress website.
21
Barry W. Lee Attorneys for Defendant and Respondent
22 Justin Jones Rodriguez The Metropolitan Water District of
Manatt, Phelps & Phillips, LLP Southern California
23
One Embarcadero Center, 30th Floor
24 San Francisco, CA 94111
Email: bwlee@manatt.com
25 jjrodriguez@manatt.com
26
27
28
3
SDCWA’S OBJECTION TO METROPOLITAN’S [PROPOSED] ORDER
Lead Case No. CPF-14-514004
1846234
1 Colin C. West Attorneys for Defendant and Respondent
James J. Dragna The Metropolitan Water District of
2 Morgan, Lewis & Bockius LLP Southern California
3 One Market, Spear Street Tower
San Francisco, CA 94105
4 Email: colin.west@morganlewis.com
jim.dragna@morganlewis.com
5
Marcia Scully Attorneys for Defendant and Respondent
6 Heather C. Beatty The Metropolitan Water District of
7 Patricia Quilizapa Southern California
The Metropolitan Water District of Southern
8 California
700 North Alameda Street
9 Los Angeles, CA 90012-2944
Email: mscully@mwdh2o.com
10
hbeatty@mwdh2o.com
11 pquilizapa@mwdh2o.com
12 Mira Hashmall Attorneys for Defendant and Respondent
Miller Barondess, LLP The Metropolitan Water District of
13 1999 Avenue of the Stars, Suite 1000 Southern California
Los Angeles, CA 90067
14
Email: mhashmall@millerbarondess.com
15
Patrick Q. Sullivan Attorneys for Real Party in Interest
16 City of Torrance City of Torrance
3031 Torrance Blvd.
17 Torrance, CA 90503-5059
Email: psullivan@torranceCA.Gov
18
19 David J. Aleshire Attorneys for Real Party in Interest
Stephen R. Onstot Municipal Water District of Orange County
20 Christine M. Carson
Aleshire & Wynder, LLP
21 18881 Von Karman Avenue, Suite 1700
22 Irvine, CA 92612
Email: daleshire@awattorneys.com
23 sonstot@awattorneys.com
ccarson@awattorneys.com
24
Steven M. Kennedy Attorneys for Real Party in Interest
25 Brunick, McElhaney & Kennedy Three Valleys Municipal Water District
P.O. Box 13130
26
San Bernardino, CA 92423-3130
27 Email: skennedy@bmklawplc.com
28
4
SDCWA’S OBJECTION TO METROPOLITAN’S [PROPOSED] ORDER
Lead Case No. CPF-14-514004
1846234
1 Steven P. O’Neill Real Parties in Interest
Manuel D. Serpa Foothill Municipal Water District; Las
2 Olivarez Madruga Lemieux O’Neill, LLP Virgenes Municipal Water District; West
3 2659 Townsgate Road, Suite 226 Basin Municipal Water District; Eastern
Westlake Village, CA 91361 Municipal Water District; Western
4 Email: soneill@omlolaw.com Municipal Water District
mserpa@omlolaw.com
5
Executed on April 4, 2022, at San Francisco, California.
6
I declare under penalty of perjury under the laws of the State of California that the above is true
7 and correct.
8
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Dionne D. Meadows
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SDCWA’S OBJECTION TO METROPOLITAN’S [PROPOSED] ORDER
Lead Case No. CPF-14-514004
1846234
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Preview
1 KEKER, VAN NEST & PETERS LLP JOHN W. KEKER - # 49092 2 jkeker@keker.com ELECTRONICALLY DAN JACKSON - # 216091 3 djackson@keker.com F I L E D WARREN A. BRAUNIG - # 243884 Superior Court of California, County of San Francisco 4 wbraunig@keker.com NICHOLAS S. GOLDBERG - # 273614 04/04/2022 5 ngoldberg@keker.com Clerk of the Court BY: RONNIE OTERO 633 Battery Street Deputy Clerk 6 San Francisco, CA 94111-1809 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, Plaintiff, and Cross-Defendant 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 Lead Case No. CPF-14-514004 AUTHORITY, 18 Consolidated with: Case Nos. CPF-16-515282 Petitioner and Plaintiff, & CPF-18-516389 19 v. PROOF OF SERVICE 20 METROPOLITAN WATER DISTRICT OF Dept.: 306 21 Judge: Hon. Anne-Christine Massullo SOUTHERN CALIFORNIA; ALL 22 PERSONS INTERESTED IN THE VALIDITY OF THE RATES ADOPTED Date Filed: May 30, 2014 23 BY THE METROPOLITAN WATER Trial Date: May 16, 2022 DISTRICT OF SOUTHERN CALIFORNIA 24 ON APRIL 8, 2014 TO BE EFFECTIVE JANUARY 1, 2015 AND JANUARY 1, 25 2016; and DOES 1-10, 26 Respondents and Defendants. 27 28 SDCWA’S OBJECTION TO METROPOLITAN’S [PROPOSED] ORDER Lead Case No. CPF-14-514004 1846234 1 METROPOLITAN WATER DISTRICT OF 2 SOUTHERN CALIFORNIA, 3 Cross-Complainant, 4 v. 5 SAN DIEGO COUNTY WATER AUTHORITY, 6 Cross-Defendant. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 SDCWA’S OBJECTION TO METROPOLITAN’S [PROPOSED] ORDER Lead Case No. CPF-14-514004 1846234 1 PROOF OF SERVICE 2 I am employed in the City and County of San Francisco, State of California in the office of a member of the bar of this court at whose direction the following service was made. I am over the 3 age of eighteen years and not a party to the within action. My business address is Keker, Van 4 Nest & Peters LLP, 633 Battery Street, San Francisco, CA 94111-1809. 5 On April 4, 2022, I served the following document(s): 6 1. SAN DIEGO COUNTY WATER AUTHORITY’S REPLY IN SUPPORT OF ITS MOTION FOR SUMMARY ADJUDICATION; 7 2. SAN DIEGO COUNTY WATER AUTHORITY’S RESPONSE TO METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA’S 8 EVIDENTIARY OBJECTIONS; 9 3. SAN DIEGO COUNTY WATER AUTHORITY’S RESPONSE TO METROPOLITAN WATER DISTRICT’S PURPORTED “ADDITIONAL 10 FACTS” IN THE 2014 ACTION; 4. SAN DIEGO COUNTY WATER AUTHORITY’S RESPONSE TO 11 METROPOLITAN WATER DISTRICT’S PURPORTED “ADDITIONAL 12 FACTS” IN THE 2016 ACTION; 5. SAN DIEGO COUNTY WATER AUTHORITY’S RESPONSE TO 13 METROPOLITAN WATER DISTRICT’S PURPORTED “ADDITIONAL FACTS” IN THE 2018 ACTION; 14 6. SAN DIEGO COUNTY WATER AUTHORITY’S REPLY IN SUPPORT OF ITS REQUEST FOR JUDICIAL NOTICE; 15 by serving a true copy of the above-described documents in the following manner: 16 17 BY FILE & SERVEXPRESS 18 19 On the date executed below, I electronically served or served via U.S. Mail the documents 20 described above via File & ServeXpress on the recipients designated on the Transaction Receipt located on the via File & ServeXpress website. 21 Barry W. Lee Attorneys for Defendant and Respondent 22 Justin Jones Rodriguez The Metropolitan Water District of Manatt, Phelps & Phillips, LLP Southern California 23 One Embarcadero Center, 30th Floor 24 San Francisco, CA 94111 Email: bwlee@manatt.com 25 jjrodriguez@manatt.com 26 27 28 3 SDCWA’S OBJECTION TO METROPOLITAN’S [PROPOSED] ORDER Lead Case No. CPF-14-514004 1846234 1 Colin C. West Attorneys for Defendant and Respondent James J. Dragna The Metropolitan Water District of 2 Morgan, Lewis & Bockius LLP Southern California 3 One Market, Spear Street Tower San Francisco, CA 94105 4 Email: colin.west@morganlewis.com jim.dragna@morganlewis.com 5 Marcia Scully Attorneys for Defendant and Respondent 6 Heather C. Beatty The Metropolitan Water District of 7 Patricia Quilizapa Southern California The Metropolitan Water District of Southern 8 California 700 North Alameda Street 9 Los Angeles, CA 90012-2944 Email: mscully@mwdh2o.com 10 hbeatty@mwdh2o.com 11 pquilizapa@mwdh2o.com 12 Mira Hashmall Attorneys for Defendant and Respondent Miller Barondess, LLP The Metropolitan Water District of 13 1999 Avenue of the Stars, Suite 1000 Southern California Los Angeles, CA 90067 14 Email: mhashmall@millerbarondess.com 15 Patrick Q. Sullivan Attorneys for Real Party in Interest 16 City of Torrance City of Torrance 3031 Torrance Blvd. 17 Torrance, CA 90503-5059 Email: psullivan@torranceCA.Gov 18 19 David J. Aleshire Attorneys for Real Party in Interest Stephen R. Onstot Municipal Water District of Orange County 20 Christine M. Carson Aleshire & Wynder, LLP 21 18881 Von Karman Avenue, Suite 1700 22 Irvine, CA 92612 Email: daleshire@awattorneys.com 23 sonstot@awattorneys.com ccarson@awattorneys.com 24 Steven M. Kennedy Attorneys for Real Party in Interest 25 Brunick, McElhaney & Kennedy Three Valleys Municipal Water District P.O. Box 13130 26 San Bernardino, CA 92423-3130 27 Email: skennedy@bmklawplc.com 28 4 SDCWA’S OBJECTION TO METROPOLITAN’S [PROPOSED] ORDER Lead Case No. CPF-14-514004 1846234 1 Steven P. O’Neill Real Parties in Interest Manuel D. Serpa Foothill Municipal Water District; Las 2 Olivarez Madruga Lemieux O’Neill, LLP Virgenes Municipal Water District; West 3 2659 Townsgate Road, Suite 226 Basin Municipal Water District; Eastern Westlake Village, CA 91361 Municipal Water District; Western 4 Email: soneill@omlolaw.com Municipal Water District mserpa@omlolaw.com 5 Executed on April 4, 2022, at San Francisco, California. 6 I declare under penalty of perjury under the laws of the State of California that the above is true 7 and correct. 8 9 Dionne D. Meadows 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5 SDCWA’S OBJECTION TO METROPOLITAN’S [PROPOSED] ORDER Lead Case No. CPF-14-514004 1846234