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1 KEKER, VAN NEST & PETERS LLP
JOHN W. KEKER - # 49092
2 jkeker@keker.com
DAN JACKSON - # 216091 ELECTRONICALLY
3 djackson@keker.com
WARREN A. BRAUNIG - # 243884 F I L E D
Superior Court of California,
4 wbraunig@keker.com County of San Francisco
NICHOLAS S. GOLDBERG - # 273614
5 ngoldberg@keker.com 02/22/2022
633 Battery Street Clerk of the Court
BY: RONNIE OTERO
6 San Francisco, CA 94111-1809 Deputy Clerk
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
18 AUTHORITY,
Consolidated with Case Nos. CPF-16-515282
19 Petitioner, Plaintiff, and Cross- & CPF-18-516389
Defendant,
20 DECLARATION OF DAN JACKSON IN
v. SUPPORT OF SAN DIEGO COUNTY
21 WATER AUTHORITY’S MOTIONS FOR
METROPOLITAN WATER DISTRICT OF SUMMARY ADJUDICATION; EXHIBITS
22 SOUTHERN CALIFORNIA; ALL 1-49
PERSONS INTERESTED IN THE
23 VALIDITY OF THE RATES ADOPTED Date: April 13, 2022
BY THE METROPOLITAN WATER Time: 2:00 p.m.
24 DISTRICT OF SOUTHERN CALIFORNIA Dept.: 306
ON APRIL 8, 2014 TO BE EFFECTIVE Judge: Hon. Anne-Christine Massullo
25 JANUARY 1, 2015 AND JANUARY 1,
2016; and DOES 1-10, Date Filed: May 30, 2014
26
Respondents, Defendants, and Trial Date: May 16–27, 2022
27 Cross-Complainant.
28
DECLARATION OF DAN JACKSON IN SUPPORT OF SAN DIEGO COUNTY WATER AUTHORITY’S
MOTIONS FOR SUMMARY ADJUDICATION; EXHIBITS 1-49
Lead Case No. CPF-14-514004; Consolidated with CPF-16-515282 & CPF-18-516389
1806303
1 I, Dan Jackson, declare and state that:
2 1. I have personal knowledge of the facts set forth herein, and if called upon as a
3 witness, I could testify to them competently under oath.
4 2. I make this declaration in support of San Diego County Water Authority’s Motions
5 for Summary Adjudication.
6 3. Attached as Exhibit 1 is a true and correct copy of this Court’s Statement of
7 Decision on Rate Setting Challenges in San Diego County Water Authority v. Metropolitan Water
8 District of Southern California, Lead Case No. CPF-10-510830 (consolidated with Case No.
9 CPF-12-512466), issued on April 24, 2014.
10 4. Attached as Exhibit 2 is a true and correct copy of this Court’s Statement of
11 Decision in San Diego County Water Authority v. Metropolitan Water District of Southern
12 California, Lead Case No. CPF-10-510830 (consolidated with Case No. CPF-12-512466), issued
13 on August 28, 2015.
14 5. Attached as Exhibit 3 is a true and correct copy of the October 10, 2003 Amended
15 and Restated Agreement Between the Metropolitan Water District of Southern California and the
16 San Diego County Water Authority for the Exchange of Water (Exchange Agreement), executed
17 by the Water Authority and Metropolitan. This document was produced by Metropolitan and is
18 Bates-stamped MWD2010-00190698–00190732. A copy of this agreement was previously
19 admitted as trial exhibit PTX-065.
20 6. Attached as Exhibit 4 is a true and correct copy of Metropolitan’s Opening Brief
21 on Appeal, filed on May 5, 2016, in San Diego County Water Authority v. Metropolitan Water
22 District of Southern California, No. A146901.
23 7. Attached as Exhibit 5 is a true and correct copy of the Court of Appeal decision in
24 San Diego County Water Authority v. Metropolitan Water District of Southern California (2017)
25 12 Cal.App.5th 1124 (SDCWA I), issued on June 21, 2017, and modified on denial of rehearing
26 on July 18, 2017.
27
28
2
DECLARATION OF DAN JACKSON IN SUPPORT OF SAN DIEGO COUNTY WATER AUTHORITY’S
MOTIONS FOR SUMMARY ADJUDICATION; EXHIBITS 1-49
Lead Case No. CPF-14-514004; Consolidated with CPF-16-515282 & CPF-18-516389
1806303
1 8. Attached as Exhibit 6 is a true and correct copy of this Court’s judgment in San
2 Diego County Water Authority v. Metropolitan Water District of Southern California, Lead Case
3 No. CPF-10-510830 (consolidated with Case No. CPF-12-512466).
4 9. Attached as Exhibit 7 is a true and correct copy of this Court’s peremptory writ of
5 mandate in San Diego County Water Authority v. Metropolitan Water District of Southern
6 California, Lead Case No. CPF-10-510830 (consolidated with Case No. CPF-12-512466).
7 10. Attached as Exhibit 8 is a true and correct copy of the Court of Appeal decision in
8 San Diego County Water Authority v. Metropolitan Water District of Southern California (Cal.
9 Ct. App., Sept. 21, 2021, No. A161144) 2021 WL 4272331 (SDCWA II).
10 11. Attached as Exhibit 9 is a true and correct copy of this Court’s Order Re
11 Metropolitan Water District of Southern California’s Demurrer and Motion to Strike the First
12 Amended Complaint in San Diego County Water Authority v. Metropolitan Water District of
13 Southern California, Case No. CPF-14-514004, issued on February 16, 2021.
14 12. Attached as Exhibit 10 is a true and correct copy of the November 10, 1998
15 Agreement Between the Metropolitan Water District of Southern California and the San Diego
16 County Water Authority for the Exchange of Water (1998 Exchange Agreement), executed by the
17 Water Authority and Metropolitan. This document was previously produced by the Water
18 Authority and is Bates-stamped SDCWA2010-2012_00180121–00180182. A copy of this
19 agreement was previously admitted as trial exhibit PTX-033.
20 13. Attached as Exhibit 11 is a true and correct copy of Metropolitan’s Resolution
21 8520, produced as part of Metropolitan’s Administrative Record and Bates-stamped
22 MWDRECORD2014_0085583–0085626.
23 14. Attached as Exhibit 12 is a true and correct copy of 1997 Cal. Legis. Serv. Ch.
24 874 (S.B. 1082), approved by the Governor of California on October 11, 1997 and filed with the
25 California Secretary of State on October 12, 1997.
26 15. Attached as Exhibit 13 is a true and correct copy of a letter, signed by David
27 Kennedy and addressed to Chris Frahm and Jack Foley, dated January 5, 1998. This letter was
28
3
DECLARATION OF DAN JACKSON IN SUPPORT OF SAN DIEGO COUNTY WATER AUTHORITY’S
MOTIONS FOR SUMMARY ADJUDICATION; EXHIBITS 1-49
Lead Case No. CPF-14-514004; Consolidated with CPF-16-515282 & CPF-18-516389
1806303
1 produced by Metropolitan and is Bates-stamped MWD2010-00264717–00264720. A copy of this
2 letter was previously admitted as trial exhibit PTX-0481.
3 16. Attached as Exhibit 14 is a true and correct copy of Metropolitan’s Board Meeting
4 Minutes for January 13, 1998, produced as part of Metropolitan’s Administrative Record and
5 Bates-stamped MWDRECORD2014_0009344–0009357.
6 17. Attached as Exhibit 15 is a true and correct copy of the Court of Appeal decision
7 in Quantification Settlement Agreement Cases (2011) 201 Cal.App.4th 758 (QSA), issued on
8 December 7, 2011, certiorari denied October 1, 2012.
9 18. Attached as Exhibit 16 is a true and correct copy of the Court of Appeal decision
10 in Quantification Settlement Agreement Cases (2015) 237 Cal.App.4th 72, issued on May 26,
11 2015.
12 19. Attached as Exhibit 17 is a true and correct copy of this Court’s minute order in
13 San Diego County Water Authority v. Metropolitan Water District of Southern California, Case
14 No. CPF-10-510830, issued on January 4, 2012.
15 20. Attached as Exhibit 18 is a true and correct copy of Metropolitan’s Resolution
16 9172, produced as part of Metropolitan’s Administrative Record and Bates-stamped
17 MWDRECORD2014_0000089–0000096.
18 21. Attached as Exhibit 19 is a true and correct copy of a letter, signed by Maureen
19 Stapleton and addressed to Jeff Kightlinger, dated May 2, 2014.
20 22. Attached as Exhibit 20 is a true and correct copy of a letter, signed by Maureen
21 Stapleton and addressed to Dawn Chin, dated May 6, 2014.
22 23. Attached as Exhibit 21 is a true and correct copy of the Water Authority’s Petition
23 for Writ of Mandate and Complaint for Determination of Invalidity, Damages, and Declaratory
24 Relief, Case No. BC547139 (now Case No. CPF-14-514004), filed on May 30, 2014 (exhibits
25 excluded).
26 24. Attached as Exhibit 22 is a true and correct copy of the Water Authority’s First
27 Amended Petition for Writ of Mandate and Complaint for Determination of Invalidity, Damages,
28 and Declaratory Relief, Case No. CPF-14-514004, filed on August 28, 2020 (exhibits excluded).
4
DECLARATION OF DAN JACKSON IN SUPPORT OF SAN DIEGO COUNTY WATER AUTHORITY’S
MOTIONS FOR SUMMARY ADJUDICATION; EXHIBITS 1-49
Lead Case No. CPF-14-514004; Consolidated with CPF-16-515282 & CPF-18-516389
1806303
1 25. Attached as Exhibit 23 is a true and correct copy of Metropolitan’s Answer, Case
2 No. CPF-14-514004, filed March 22, 2021.
3 26. Attached as Exhibit 24 is a true and correct copy of Metropolitan’s Cross-
4 Complaint, Case No. CPF-14-514004, filed March 22, 2021.
5 27. Attached as Exhibit 25 is a true and correct copy of Metropolitan’s Resolution
6 9203, produced as part of Metropolitan’s Administrative Record and Bates-stamped
7 MWDRECORD2016_0000075–0000082.
8 28. Attached as Exhibit 26 is a true and correct copy of the Water Authority’s Petition
9 for Writ of Mandate and Complaint for Determination of Invalidity and Declaratory Relief, Case
10 No. BS161729 (now Case No. CPF-16-515282), filed on April 13, 2016 (exhibits excluded).
11 29. Attached as Exhibit 27 is a true and correct copy of a letter, signed by Maureen
12 Stapleton and addressed to Dawn Chin, dated May 2, 2016, produced as part of Metropolitan’s
13 Administrative Record and Bates-stamped MWDRECORD2018_0028072–0028077.
14 30. Attached as Exhibit 28 is a true and correct copy of a letter, signed by Maureen
15 Stapleton and addressed to Jeff Kightlinger, dated May 2, 2016, produced as part of
16 Metropolitan’s Administrative Record and Bates-stamped MWDRECORD2018_0030062–
17 0030063.
18 31. Attached as Exhibit 29 is a true and correct copy of a letter, signed by Marcia
19 Scully and addressed to Maureen Stapleton and Mark Hattam, dated June 16, 2016.
20 32. Attached as Exhibit 30 is a true and correct copy of the Water Authority’s First
21 Amended Petition for Writ of Mandate and Complaint for Determination of Invalidity, Damages,
22 and Declaratory Relief, Case No. CPF-16-515282, filed on November 14, 2016 (exhibits
23 excluded).
24 33. Attached as Exhibit 31 is a true and correct copy of the Water Authority’s Second
25 Amended Petition for Writ of Mandate and Complaint for Determination of Invalidity, Damages,
26 and Declaratory Relief, Case No. CPF-16-515282, filed on August 28, 2020 (exhibits excluded).
27 34. Attached as Exhibit 32 is a true and correct copy of Metropolitan’s Answer, Case
28 No. CPF-16-515282, filed March 22, 2021.
5
DECLARATION OF DAN JACKSON IN SUPPORT OF SAN DIEGO COUNTY WATER AUTHORITY’S
MOTIONS FOR SUMMARY ADJUDICATION; EXHIBITS 1-49
Lead Case No. CPF-14-514004; Consolidated with CPF-16-515282 & CPF-18-516389
1806303
1 35. Attached as Exhibit 33 is a true and correct copy of Metropolitan’s Cross-
2 Complaint, Case No. CPF-16-515282, filed March 22, 2021.
3 36. Attached as Exhibit 34 is a true and correct copy of Metropolitan’s Resolution
4 9234, produced as part of Metropolitan’s Administrative Record and Bates-stamped
5 MWDRECORD2018_0000069–0000076.
6 37. Attached as Exhibit 35 is a true and correct copy of a letter, signed by Mark
7 Hattam and addressed to Marcia Scully, dated April 27, 2018.
8 38. Attached as Exhibit 36 is a true and correct copy of the Water Authority’s Petition
9 for Writ of Mandate and Complaint for Determination of Invalidity and Declaratory Relief, Case
10 No. BS173868 (now Case No. CPF-18-516389), filed on June 8, 2018 (exhibits excluded).
11 39. Attached as Exhibit 37 is a true and correct copy of a letter, signed by Maureen
12 Stapleton and addressed to Marca Scully and Rosa Castro, dated November 9, 2018.
13 40. Attached as Exhibit 38 is a true and correct copy of a letter, signed by Marcia
14 Scully and addressed to Maureen Stapleton and Mark Hattam, dated December 3, 2018.
15 41. Attached as Exhibit 39 is a true and correct copy of the Water Authority’s First
16 Amended Petition for Writ of Mandate and Complaint for Determination of Invalidity and
17 Declaratory Relief, Case No. CPF-18-516389, filed on January 31, 2019 (exhibits excluded).
18 42. Attached as Exhibit 40 is a true and correct copy of the Water Authority’s Second
19 Amended Petition for Writ of Mandate and Complaint for Determination of Invalidity, Damages,
20 and Declaratory Relief, Case No. CPF-18-516389, filed on April 21, 2021 (exhibits excluded).
21 43. Attached as Exhibit 41 is a true and correct copy of Metropolitan’s Answer, Case
22 No. CPF-18-516389, filed July 29, 2021.
23 44. Attached as Exhibit 42 is a true and correct copy of Metropolitan’s Cross-
24 Complaint, Case No. CPF-18-516389, filed July 29, 2021.
25 45. Attached as Exhibit 43 is a true and correct copy of this Court’s Order Denying
26 Metropolitan Water District of Southern California’s Motion for Judgment on the Pleadings in
27 San Diego County Water Authority v. Metropolitan Water District of Southern California, Case
28 No. CPF-10-510830, issued on September 19, 2013.
6
DECLARATION OF DAN JACKSON IN SUPPORT OF SAN DIEGO COUNTY WATER AUTHORITY’S
MOTIONS FOR SUMMARY ADJUDICATION; EXHIBITS 1-49
Lead Case No. CPF-14-514004; Consolidated with CPF-16-515282 & CPF-18-516389
1806303
1 46. Attached as Exhibit 44 is a true and correct copy of Metropolitan’s Resolution
2 8796, produced as part of Metropolitan’s Administrative Record and Bates-stamped
3 MWDRECORD2014_0012543–0012546.
4 47. Attached as Exhibit 45 is a true and correct copy of Metropolitan’s Board Meeting
5 Action document for January 8, 2002, produced as part of Metropolitan’s Administrative Record
6 and Bates-stamped MWDRECORD2014_0012150–0012206.
7 48. Attached as Exhibit 46 is a true and correct copy of Metropolitan’s Board Meeting
8 Minutes for January 8, 2002, produced as part of Metropolitan’s Administrative Record and
9 Bates-stamped MWDRECORD2014_0012607–0012623.
10 49. Attached as Exhibit 47 is a true and correct copy of Metropolitan’s Board Meeting
11 Action document for January 14, 2003, produced as part of Metropolitan’s Administrative Record
12 and Bates-stamped MWDRECORD2014_0013331–0013415.
13 50. Attached as Exhibit 48 is a true and correct copy of excerpts from Metropolitan’s
14 Board Meeting Action document for April 10, 2012, produced as part of Metropolitan’s
15 Administrative Record and Bates-stamped MWDRECORD2014_0022848–0022851, 0022928,
16 0022992.
17 51. Attached as Exhibit 49 is a true and correct copy of excerpts from the American
18 Water Works Association (AWWA) Manual, produced as part of Metropolitan’s Administrative
19 Record and Bates-stamped MWDRECORD2014_0010241–0010242, 0010561–0010562.
20 I declare under penalty of perjury under the laws of the State of California that the
21 foregoing is true and correct. Executed on February 22, 2022, in San Francisco, California.
22
23
24 DAN JACKSON
25
26
27
28
7
DECLARATION OF DAN JACKSON IN SUPPORT OF SAN DIEGO COUNTY WATER AUTHORITY’S
MOTIONS FOR SUMMARY ADJUDICATION; EXHIBITS 1-49
Lead Case No. CPF-14-514004; Consolidated with CPF-16-515282 & CPF-18-516389
1806303
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Jul 09, 2024 |
CGC22600572
Matter on the Law & Motion Calendar for Tuesday, July 9, 2024, Line 4. PLAINTIFF MARY LEMASTERS' MOTION FOR WITHDRAWAL OF ATTORNEY OF RECORD. Hearing required. For the 9:30 a.m. Law & Motion calendar, all attorneys and parties may appear in Department 302 remotely. Remote hearings will be conducted by videoconference using Zoom. To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number. Any party who contests a tentative ruling must send an email to contestdept302tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. The text of the email shall include the name and contact information, including email address, of the attorney or party who will appear at the hearing. The court no longer provides a court reporter in the Law & Motion Department. Parties may retain their own reporter, who may appear in the courtroom or remotely. A retained reporter must be a California certified court reporter (CSR), for only a CSR's transcript may be used in California courts. If a CSR is being retained, include in your email all of the following: their name, CSR and telephone numbers, and their individual work email address. =(302/RBU)
Ruling
JOHN P BERNARD VS. BMW OF NORTH AMERICA, LLC ET AL
Jul 10, 2024 |
CGC23608339
Matter on the Law & Motion calendar for Wednesday, July 10, 2024, Line 8. PLAINTIFF JOHN BERNARD's Motion For Award Of Attorneys Fees, Costs, And Expenses. Off calendar for noncompliance with Local Rule 2.7(B) (courtesy copies). The motion may be re-set for a Mon.-Thurs. after July 24, with papers to bear new hearing date. In meantime, counsel shall meet and confer to resolve their differences. For the 9:30 a.m. Law & Motion calendar, all attorneys and parties may appear in Department 302 remotely. Remote hearings will be conducted by videoconference using Zoom. To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number. Any party who contests a tentative ruling must send an email to contestdept302tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. The text of the email shall include the name and contact information, including email address, of the attorney or party who will appear at the hearing. The court no longer provides a court reporter in the Law & Motion Department. Parties may retain their own reporter, who may appear in the courtroom or remotely. A retained reporter must be a California certified court reporter (CSR), for only a CSR's transcript may be used in California courts. If a CSR is being retained, include in your email all of the following: their name, CSR and telephone numbers, and their individual work email address. =(302/RBU)
Preview
1 KEKER, VAN NEST & PETERS LLP JOHN W. KEKER - # 49092 2 jkeker@keker.com DAN JACKSON - # 216091 ELECTRONICALLY 3 djackson@keker.com WARREN A. BRAUNIG - # 243884 F I L E D Superior Court of California, 4 wbraunig@keker.com County of San Francisco NICHOLAS S. GOLDBERG - # 273614 5 ngoldberg@keker.com 02/22/2022 633 Battery Street Clerk of the Court BY: RONNIE OTERO 6 San Francisco, CA 94111-1809 Deputy Clerk 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 18 AUTHORITY, Consolidated with Case Nos. CPF-16-515282 19 Petitioner, Plaintiff, and Cross- & CPF-18-516389 Defendant, 20 DECLARATION OF DAN JACKSON IN v. SUPPORT OF SAN DIEGO COUNTY 21 WATER AUTHORITY’S MOTIONS FOR METROPOLITAN WATER DISTRICT OF SUMMARY ADJUDICATION; EXHIBITS 22 SOUTHERN CALIFORNIA; ALL 1-49 PERSONS INTERESTED IN THE 23 VALIDITY OF THE RATES ADOPTED Date: April 13, 2022 BY THE METROPOLITAN WATER Time: 2:00 p.m. 24 DISTRICT OF SOUTHERN CALIFORNIA Dept.: 306 ON APRIL 8, 2014 TO BE EFFECTIVE Judge: Hon. Anne-Christine Massullo 25 JANUARY 1, 2015 AND JANUARY 1, 2016; and DOES 1-10, Date Filed: May 30, 2014 26 Respondents, Defendants, and Trial Date: May 16–27, 2022 27 Cross-Complainant. 28 DECLARATION OF DAN JACKSON IN SUPPORT OF SAN DIEGO COUNTY WATER AUTHORITY’S MOTIONS FOR SUMMARY ADJUDICATION; EXHIBITS 1-49 Lead Case No. CPF-14-514004; Consolidated with CPF-16-515282 & CPF-18-516389 1806303 1 I, Dan Jackson, declare and state that: 2 1. I have personal knowledge of the facts set forth herein, and if called upon as a 3 witness, I could testify to them competently under oath. 4 2. I make this declaration in support of San Diego County Water Authority’s Motions 5 for Summary Adjudication. 6 3. Attached as Exhibit 1 is a true and correct copy of this Court’s Statement of 7 Decision on Rate Setting Challenges in San Diego County Water Authority v. Metropolitan Water 8 District of Southern California, Lead Case No. CPF-10-510830 (consolidated with Case No. 9 CPF-12-512466), issued on April 24, 2014. 10 4. Attached as Exhibit 2 is a true and correct copy of this Court’s Statement of 11 Decision in San Diego County Water Authority v. Metropolitan Water District of Southern 12 California, Lead Case No. CPF-10-510830 (consolidated with Case No. CPF-12-512466), issued 13 on August 28, 2015. 14 5. Attached as Exhibit 3 is a true and correct copy of the October 10, 2003 Amended 15 and Restated Agreement Between the Metropolitan Water District of Southern California and the 16 San Diego County Water Authority for the Exchange of Water (Exchange Agreement), executed 17 by the Water Authority and Metropolitan. This document was produced by Metropolitan and is 18 Bates-stamped MWD2010-00190698–00190732. A copy of this agreement was previously 19 admitted as trial exhibit PTX-065. 20 6. Attached as Exhibit 4 is a true and correct copy of Metropolitan’s Opening Brief 21 on Appeal, filed on May 5, 2016, in San Diego County Water Authority v. Metropolitan Water 22 District of Southern California, No. A146901. 23 7. Attached as Exhibit 5 is a true and correct copy of the Court of Appeal decision in 24 San Diego County Water Authority v. Metropolitan Water District of Southern California (2017) 25 12 Cal.App.5th 1124 (SDCWA I), issued on June 21, 2017, and modified on denial of rehearing 26 on July 18, 2017. 27 28 2 DECLARATION OF DAN JACKSON IN SUPPORT OF SAN DIEGO COUNTY WATER AUTHORITY’S MOTIONS FOR SUMMARY ADJUDICATION; EXHIBITS 1-49 Lead Case No. CPF-14-514004; Consolidated with CPF-16-515282 & CPF-18-516389 1806303 1 8. Attached as Exhibit 6 is a true and correct copy of this Court’s judgment in San 2 Diego County Water Authority v. Metropolitan Water District of Southern California, Lead Case 3 No. CPF-10-510830 (consolidated with Case No. CPF-12-512466). 4 9. Attached as Exhibit 7 is a true and correct copy of this Court’s peremptory writ of 5 mandate in San Diego County Water Authority v. Metropolitan Water District of Southern 6 California, Lead Case No. CPF-10-510830 (consolidated with Case No. CPF-12-512466). 7 10. Attached as Exhibit 8 is a true and correct copy of the Court of Appeal decision in 8 San Diego County Water Authority v. Metropolitan Water District of Southern California (Cal. 9 Ct. App., Sept. 21, 2021, No. A161144) 2021 WL 4272331 (SDCWA II). 10 11. Attached as Exhibit 9 is a true and correct copy of this Court’s Order Re 11 Metropolitan Water District of Southern California’s Demurrer and Motion to Strike the First 12 Amended Complaint in San Diego County Water Authority v. Metropolitan Water District of 13 Southern California, Case No. CPF-14-514004, issued on February 16, 2021. 14 12. Attached as Exhibit 10 is a true and correct copy of the November 10, 1998 15 Agreement Between the Metropolitan Water District of Southern California and the San Diego 16 County Water Authority for the Exchange of Water (1998 Exchange Agreement), executed by the 17 Water Authority and Metropolitan. This document was previously produced by the Water 18 Authority and is Bates-stamped SDCWA2010-2012_00180121–00180182. A copy of this 19 agreement was previously admitted as trial exhibit PTX-033. 20 13. Attached as Exhibit 11 is a true and correct copy of Metropolitan’s Resolution 21 8520, produced as part of Metropolitan’s Administrative Record and Bates-stamped 22 MWDRECORD2014_0085583–0085626. 23 14. Attached as Exhibit 12 is a true and correct copy of 1997 Cal. Legis. Serv. Ch. 24 874 (S.B. 1082), approved by the Governor of California on October 11, 1997 and filed with the 25 California Secretary of State on October 12, 1997. 26 15. Attached as Exhibit 13 is a true and correct copy of a letter, signed by David 27 Kennedy and addressed to Chris Frahm and Jack Foley, dated January 5, 1998. This letter was 28 3 DECLARATION OF DAN JACKSON IN SUPPORT OF SAN DIEGO COUNTY WATER AUTHORITY’S MOTIONS FOR SUMMARY ADJUDICATION; EXHIBITS 1-49 Lead Case No. CPF-14-514004; Consolidated with CPF-16-515282 & CPF-18-516389 1806303 1 produced by Metropolitan and is Bates-stamped MWD2010-00264717–00264720. A copy of this 2 letter was previously admitted as trial exhibit PTX-0481. 3 16. Attached as Exhibit 14 is a true and correct copy of Metropolitan’s Board Meeting 4 Minutes for January 13, 1998, produced as part of Metropolitan’s Administrative Record and 5 Bates-stamped MWDRECORD2014_0009344–0009357. 6 17. Attached as Exhibit 15 is a true and correct copy of the Court of Appeal decision 7 in Quantification Settlement Agreement Cases (2011) 201 Cal.App.4th 758 (QSA), issued on 8 December 7, 2011, certiorari denied October 1, 2012. 9 18. Attached as Exhibit 16 is a true and correct copy of the Court of Appeal decision 10 in Quantification Settlement Agreement Cases (2015) 237 Cal.App.4th 72, issued on May 26, 11 2015. 12 19. Attached as Exhibit 17 is a true and correct copy of this Court’s minute order in 13 San Diego County Water Authority v. Metropolitan Water District of Southern California, Case 14 No. CPF-10-510830, issued on January 4, 2012. 15 20. Attached as Exhibit 18 is a true and correct copy of Metropolitan’s Resolution 16 9172, produced as part of Metropolitan’s Administrative Record and Bates-stamped 17 MWDRECORD2014_0000089–0000096. 18 21. Attached as Exhibit 19 is a true and correct copy of a letter, signed by Maureen 19 Stapleton and addressed to Jeff Kightlinger, dated May 2, 2014. 20 22. Attached as Exhibit 20 is a true and correct copy of a letter, signed by Maureen 21 Stapleton and addressed to Dawn Chin, dated May 6, 2014. 22 23. Attached as Exhibit 21 is a true and correct copy of the Water Authority’s Petition 23 for Writ of Mandate and Complaint for Determination of Invalidity, Damages, and Declaratory 24 Relief, Case No. BC547139 (now Case No. CPF-14-514004), filed on May 30, 2014 (exhibits 25 excluded). 26 24. Attached as Exhibit 22 is a true and correct copy of the Water Authority’s First 27 Amended Petition for Writ of Mandate and Complaint for Determination of Invalidity, Damages, 28 and Declaratory Relief, Case No. CPF-14-514004, filed on August 28, 2020 (exhibits excluded). 4 DECLARATION OF DAN JACKSON IN SUPPORT OF SAN DIEGO COUNTY WATER AUTHORITY’S MOTIONS FOR SUMMARY ADJUDICATION; EXHIBITS 1-49 Lead Case No. CPF-14-514004; Consolidated with CPF-16-515282 & CPF-18-516389 1806303 1 25. Attached as Exhibit 23 is a true and correct copy of Metropolitan’s Answer, Case 2 No. CPF-14-514004, filed March 22, 2021. 3 26. Attached as Exhibit 24 is a true and correct copy of Metropolitan’s Cross- 4 Complaint, Case No. CPF-14-514004, filed March 22, 2021. 5 27. Attached as Exhibit 25 is a true and correct copy of Metropolitan’s Resolution 6 9203, produced as part of Metropolitan’s Administrative Record and Bates-stamped 7 MWDRECORD2016_0000075–0000082. 8 28. Attached as Exhibit 26 is a true and correct copy of the Water Authority’s Petition 9 for Writ of Mandate and Complaint for Determination of Invalidity and Declaratory Relief, Case 10 No. BS161729 (now Case No. CPF-16-515282), filed on April 13, 2016 (exhibits excluded). 11 29. Attached as Exhibit 27 is a true and correct copy of a letter, signed by Maureen 12 Stapleton and addressed to Dawn Chin, dated May 2, 2016, produced as part of Metropolitan’s 13 Administrative Record and Bates-stamped MWDRECORD2018_0028072–0028077. 14 30. Attached as Exhibit 28 is a true and correct copy of a letter, signed by Maureen 15 Stapleton and addressed to Jeff Kightlinger, dated May 2, 2016, produced as part of 16 Metropolitan’s Administrative Record and Bates-stamped MWDRECORD2018_0030062– 17 0030063. 18 31. Attached as Exhibit 29 is a true and correct copy of a letter, signed by Marcia 19 Scully and addressed to Maureen Stapleton and Mark Hattam, dated June 16, 2016. 20 32. Attached as Exhibit 30 is a true and correct copy of the Water Authority’s First 21 Amended Petition for Writ of Mandate and Complaint for Determination of Invalidity, Damages, 22 and Declaratory Relief, Case No. CPF-16-515282, filed on November 14, 2016 (exhibits 23 excluded). 24 33. Attached as Exhibit 31 is a true and correct copy of the Water Authority’s Second 25 Amended Petition for Writ of Mandate and Complaint for Determination of Invalidity, Damages, 26 and Declaratory Relief, Case No. CPF-16-515282, filed on August 28, 2020 (exhibits excluded). 27 34. Attached as Exhibit 32 is a true and correct copy of Metropolitan’s Answer, Case 28 No. CPF-16-515282, filed March 22, 2021. 5 DECLARATION OF DAN JACKSON IN SUPPORT OF SAN DIEGO COUNTY WATER AUTHORITY’S MOTIONS FOR SUMMARY ADJUDICATION; EXHIBITS 1-49 Lead Case No. CPF-14-514004; Consolidated with CPF-16-515282 & CPF-18-516389 1806303 1 35. Attached as Exhibit 33 is a true and correct copy of Metropolitan’s Cross- 2 Complaint, Case No. CPF-16-515282, filed March 22, 2021. 3 36. Attached as Exhibit 34 is a true and correct copy of Metropolitan’s Resolution 4 9234, produced as part of Metropolitan’s Administrative Record and Bates-stamped 5 MWDRECORD2018_0000069–0000076. 6 37. Attached as Exhibit 35 is a true and correct copy of a letter, signed by Mark 7 Hattam and addressed to Marcia Scully, dated April 27, 2018. 8 38. Attached as Exhibit 36 is a true and correct copy of the Water Authority’s Petition 9 for Writ of Mandate and Complaint for Determination of Invalidity and Declaratory Relief, Case 10 No. BS173868 (now Case No. CPF-18-516389), filed on June 8, 2018 (exhibits excluded). 11 39. Attached as Exhibit 37 is a true and correct copy of a letter, signed by Maureen 12 Stapleton and addressed to Marca Scully and Rosa Castro, dated November 9, 2018. 13 40. Attached as Exhibit 38 is a true and correct copy of a letter, signed by Marcia 14 Scully and addressed to Maureen Stapleton and Mark Hattam, dated December 3, 2018. 15 41. Attached as Exhibit 39 is a true and correct copy of the Water Authority’s First 16 Amended Petition for Writ of Mandate and Complaint for Determination of Invalidity and 17 Declaratory Relief, Case No. CPF-18-516389, filed on January 31, 2019 (exhibits excluded). 18 42. Attached as Exhibit 40 is a true and correct copy of the Water Authority’s Second 19 Amended Petition for Writ of Mandate and Complaint for Determination of Invalidity, Damages, 20 and Declaratory Relief, Case No. CPF-18-516389, filed on April 21, 2021 (exhibits excluded). 21 43. Attached as Exhibit 41 is a true and correct copy of Metropolitan’s Answer, Case 22 No. CPF-18-516389, filed July 29, 2021. 23 44. Attached as Exhibit 42 is a true and correct copy of Metropolitan’s Cross- 24 Complaint, Case No. CPF-18-516389, filed July 29, 2021. 25 45. Attached as Exhibit 43 is a true and correct copy of this Court’s Order Denying 26 Metropolitan Water District of Southern California’s Motion for Judgment on the Pleadings in 27 San Diego County Water Authority v. Metropolitan Water District of Southern California, Case 28 No. CPF-10-510830, issued on September 19, 2013. 6 DECLARATION OF DAN JACKSON IN SUPPORT OF SAN DIEGO COUNTY WATER AUTHORITY’S MOTIONS FOR SUMMARY ADJUDICATION; EXHIBITS 1-49 Lead Case No. CPF-14-514004; Consolidated with CPF-16-515282 & CPF-18-516389 1806303 1 46. Attached as Exhibit 44 is a true and correct copy of Metropolitan’s Resolution 2 8796, produced as part of Metropolitan’s Administrative Record and Bates-stamped 3 MWDRECORD2014_0012543–0012546. 4 47. Attached as Exhibit 45 is a true and correct copy of Metropolitan’s Board Meeting 5 Action document for January 8, 2002, produced as part of Metropolitan’s Administrative Record 6 and Bates-stamped MWDRECORD2014_0012150–0012206. 7 48. Attached as Exhibit 46 is a true and correct copy of Metropolitan’s Board Meeting 8 Minutes for January 8, 2002, produced as part of Metropolitan’s Administrative Record and 9 Bates-stamped MWDRECORD2014_0012607–0012623. 10 49. Attached as Exhibit 47 is a true and correct copy of Metropolitan’s Board Meeting 11 Action document for January 14, 2003, produced as part of Metropolitan’s Administrative Record 12 and Bates-stamped MWDRECORD2014_0013331–0013415. 13 50. Attached as Exhibit 48 is a true and correct copy of excerpts from Metropolitan’s 14 Board Meeting Action document for April 10, 2012, produced as part of Metropolitan’s 15 Administrative Record and Bates-stamped MWDRECORD2014_0022848–0022851, 0022928, 16 0022992. 17 51. Attached as Exhibit 49 is a true and correct copy of excerpts from the American 18 Water Works Association (AWWA) Manual, produced as part of Metropolitan’s Administrative 19 Record and Bates-stamped MWDRECORD2014_0010241–0010242, 0010561–0010562. 20 I declare under penalty of perjury under the laws of the State of California that the 21 foregoing is true and correct. Executed on February 22, 2022, in San Francisco, California. 22 23 24 DAN JACKSON 25 26 27 28 7 DECLARATION OF DAN JACKSON IN SUPPORT OF SAN DIEGO COUNTY WATER AUTHORITY’S MOTIONS FOR SUMMARY ADJUDICATION; EXHIBITS 1-49 Lead Case No. CPF-14-514004; Consolidated with CPF-16-515282 & CPF-18-516389 1806303