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CM-020
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
Maggie W. Stern, SBN 266041
| KRONICK, MOSKOVITZ, TIEDEMANN & GIRARD
FILED
400 Capitol Mall, 27th Floor
Sacramento, California 95814
TELEPHONE NO. (916) 321-4500 FAX NO. (Optionay: (916) 321-4555
EMAIL ADDRESS (Opiionay: MStern@kmtg.com
ATTORNEY FOR (Name): Respondent WESTLANDS WATER DISTRICT
SUPERIOR COURT OF CALIFORNIA, COUNTY OF FRESNO
JUL 19 2919
street aporess: 1130 O Street FRESNO COUNTY SU
PERIOR COURT
MAILING ADDRESS:
city ANO zip cove: Fresno, CA 93721
RECEIVED
DEPT. 50
arance name: B.F. Sisk Courthouse
PLAINTIFF/PETITIONER: WESTERN VALUES PROJECT
7/15/2019 10:42 AM
FRESNO COUNTY SUPERIOR COURT
DEFENDANT/RESPONDENT: WESTLANDS WATER DISTRICT By: |. Herrera, Deputy
‘CASE NUMBER:
EX PARTE APPLICATION FOR EXTENSION OF TIME TO SERVE
19CECG01307
PLEADING AND [x] ORDER EXTENDING TIME TO SERVE AND
(7 ORDER CONTINUING CASE MANAGEMENT CONFERENCE
Note: This ex parte application will be considered without a personal appearance. HEARING DATE:
(See Cal. Rules of Court, rule 3.1207(2).) DEPT.: TIME:
1 Applicant (name): WESTLANDS WATER DISTRICT
is
plaintiff
cross-complainant
petitioner
defendant
cross-defendant
tespondent
other (describe):
The complaint or other initial pleading in this action was filed on (date): April 16, 2019
Applicant requests that the court grant an order extending time for service of the following pleading:
Complaint
Cross-complaint
Petition
Answer or other responsive pleading
Other (describe):
Service and filing of the pleading listed in item 3 is presently required to be completed by (date): June 6, 2019
Previous applications, orders, or stipulations for an extension of time to serve and file in this action are:
a. (1 None
b. IX] The following (describe all, including the length of any previous extensions): The parties previously stipulated to a 15-
day extension to respond to the Petition pursuant to California Rules of Court, rule 3.110(d), and the Court also
granted a 45-day extension to respond to the Petition on June 4, 2019.
Applicant requests an extension of time to serve and file the pleading listed in item 3 on the following parties (name each):
WESTERN VALUES PROJECT
, Page 1 of 2
Form Approved for Optional Use EX PARTE APPLICATION FOR EXTENSION OF TIME Cal. Rules of Court,
Judicial Council of California cules 3.110, 3.1200-3.1207
(CM-020 (Rev. January 1, 2008} TO SERVE PLEADING AND ORDERS. Wow courtinto ca.gav
“American LegaiNet, inc.
\ www. Forms Workllow.com
CM-020
CASE NAME: CASE NUMBER:
WESTERN VALUES PROJECT v. WESTLANDS WATER DISTRICT 19CECG01307
7. The pleading has not yet been filed and served on the parties listed in item 6 for the following reasons (describe the efforts that have
been made to serve the pleading and why service has not been completed):
Please see attachment.
Xl Continued on Attachment 7.
8. An extension of time to serve and file the pleading should be granted for the following reasons:
Please see attachment.
Continued on Attachment 8.
9. Ifan extension of time is granted, filing and service on the parties listed in item 6 will be completed by (date):
August 22, 2019
10. Notice of this application under rules 3.1200-3.1207 [X] has been provided as required (describe all parties or counsel to whom
notice was given; the date, time, and manner of giving notice; what the parties or counsel were told and their responses; and
whether opposition is expected) or [_] is not required (state reasons):
Notice of this application has been provided to WESTERN VALUES PROJECT, on July 12, 2017 via email at
bchisholm@altshulerberzon.com. BJ Chisholm, counsel for Petitioner, has indicated that Petitioner consents to the
extention and will not oppose this application.
(Continued on Attachment 10.
114, Number of pages attached: 5
| declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date: July 15, 2019
>
Maggie W. Stern
(TYPE OR PRINT NAME OF APPLICANT OR ATTORNEY FOR APPLICANT) (SIGNATUREPE APPLICANT ‘OR ATTORNEY FOR APPLICANT)
Order on Application is []below _[_] ona separate document.
ORDER
1. The application for an order extending time to serve and file the pleading is granted OD denied.
2. The pleading must be served and filed no later than (date):
3.) The case management conference is rescheduled to: 6 22-[Z019
a. Date:
b. Time:
c. Place:
4. Other orders:
5. A copy of this application and order must be served on all parties or their counsel thaf fave appeared in the case.
“ 7/ / 4)
‘CH-020 (Rev. January 1, 2008) EX PARTE APPLICATION FOR-EXTENSIONOF TIME
Lo Ke TT 17” JUDICIAL OFFICER V/
Page
2 of 2
TO SERVE PLEADING AND ORDERS ‘American LegaiNet, Inc
wonw Forms Workllow.com
ATTACHMENT 7
Attachment 7
Petitioner Western Values Project filed a Petition for Writ of Mandate ("Petition") on April 16,
2019, alleging that Respondent Westlands Water District failed to comply with the California
Public Records Act ("CPRA"). In particular, Petitioner alleges that Respondent failed to produce
records in response to a CPRA request. Respondent was served with the Petition on April 22, 2019.
The initial deadline to respond to the Petition was May 22, 2019. On May 16, 2019, the parties
stipulated to extend the deadline by 15 days pursuant to California Rules of Court, rule 3.110(d).
Thereafter, the Court granted a 45-day extension, extending the time for the Respondent to respond
to the Petition until July 22, 2019.
In the interim, and without admitting fault, Respondent has provided records to Petitioner.
Respondent produced a large volume of records, which Petitioner then reviewed. On July 11,
2019, Petitioner informed Respondent that it had completed its review of the records. At this point,
the parties anticipate they will likely be able to resolve this matter without further need for
litigation. However, counsel for Petitioner will be unavailable from July 12, 2019 through July 22,
2019 and so the parties will be unable to memorialize an agreement until after that date.
Accordingly, Respondent requests 30-day extension for Westland’s Water District to file its
response pursuant to California Rules of Court, rule 3.110(e). The new deadline would be
August 22, 2019.
The extension could save the time and resources of the court as well as the parties. Therefore,
Respondent respectfully requests that the court grant this request for an extension of time for
Westlands Water District to file and serve a response to the Petition for Writ of Mandate.
1850836.2 2010-094
ATTACHMENT 8
1836.2 201
-
-
Attachment 8
As indicated above, the parties anticipate that the extension will save the time and resources of the
court as well as the parties, since the parties expect they will likely be able to resolve this matter
shortly after July 22, 2019. Therefore, Respondent respectfully requests that the court grant this
request for an extension of time for Westlands Water District to file and serve a response to the
Petition for Writ of Mandate,
1850836.2 2010-094
PROOF OF SERVICE
Case No. 19CECG01307
STATE OF CALIFORNIA, COUNTY OF SACRAMENTO
At the time of service, I was over 18 years of age and not a party to this action. | am
employed in the County of Sacramento, State of California. My business address is 400 Capitol
Mall, 27th Floor, Sacramento, CA 95814.
On July 15, 2019, I served true copies of the following document(s) described as EX
PARTE APPLICATION FOR EXTENSION OF TIME TO SERVE PLEADING AND
ORDER EXTENDING TIME TO SERVE on the interested parties in this action as follows:
HAMILTON CANDEE
hcandee@altshulerberzon.com
BARBARA J. CHISHOLM
bchisholm@altshulerberzon.com
10 ERIC P. BROWN
ebrown@altshulerberzon.com
11 ALTSHULER BERZON LLP
177 Post Street, Suite 300
12 San Francisco. CA 94108
13 BY FEDEX: | enclosed said document(s) in an envelope or package provided by FedEx
and addressed to the persons at the addresses listed above. I placed the envelope or package for
14 collection and overnight delivery at an office or a regularly utilized drop box of FedEx or
delivered such document(s) to a courier or driver authorized by FedEx to receive documents.
15
I declare under penalty of perjury under the laws of the State of California that the
16 foregoing is true and correct.
17 Executed on July 1 5, 2019, at Sacramento, California.
18
19 DeteotO._
Deborah Clark
Clase
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CM-020 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Maggie W. Stern, SBN 266041 | KRONICK, MOSKOVITZ, TIEDEMANN & GIRARD FILED 400 Capitol Mall, 27th Floor Sacramento, California 95814 TELEPHONE NO. (916) 321-4500 FAX NO. (Optionay: (916) 321-4555 EMAIL ADDRESS (Opiionay: MStern@kmtg.com ATTORNEY FOR (Name): Respondent WESTLANDS WATER DISTRICT SUPERIOR COURT OF CALIFORNIA, COUNTY OF FRESNO JUL 19 2919 street aporess: 1130 O Street FRESNO COUNTY SU PERIOR COURT MAILING ADDRESS: city ANO zip cove: Fresno, CA 93721 RECEIVED DEPT. 50 arance name: B.F. Sisk Courthouse PLAINTIFF/PETITIONER: WESTERN VALUES PROJECT 7/15/2019 10:42 AM FRESNO COUNTY SUPERIOR COURT DEFENDANT/RESPONDENT: WESTLANDS WATER DISTRICT By: |. Herrera, Deputy ‘CASE NUMBER: EX PARTE APPLICATION FOR EXTENSION OF TIME TO SERVE 19CECG01307 PLEADING AND [x] ORDER EXTENDING TIME TO SERVE AND (7 ORDER CONTINUING CASE MANAGEMENT CONFERENCE Note: This ex parte application will be considered without a personal appearance. HEARING DATE: (See Cal. Rules of Court, rule 3.1207(2).) DEPT.: TIME: 1 Applicant (name): WESTLANDS WATER DISTRICT is plaintiff cross-complainant petitioner defendant cross-defendant tespondent other (describe): The complaint or other initial pleading in this action was filed on (date): April 16, 2019 Applicant requests that the court grant an order extending time for service of the following pleading: Complaint Cross-complaint Petition Answer or other responsive pleading Other (describe): Service and filing of the pleading listed in item 3 is presently required to be completed by (date): June 6, 2019 Previous applications, orders, or stipulations for an extension of time to serve and file in this action are: a. (1 None b. IX] The following (describe all, including the length of any previous extensions): The parties previously stipulated to a 15- day extension to respond to the Petition pursuant to California Rules of Court, rule 3.110(d), and the Court also granted a 45-day extension to respond to the Petition on June 4, 2019. Applicant requests an extension of time to serve and file the pleading listed in item 3 on the following parties (name each): WESTERN VALUES PROJECT , Page 1 of 2 Form Approved for Optional Use EX PARTE APPLICATION FOR EXTENSION OF TIME Cal. Rules of Court, Judicial Council of California cules 3.110, 3.1200-3.1207 (CM-020 (Rev. January 1, 2008} TO SERVE PLEADING AND ORDERS. Wow courtinto ca.gav “American LegaiNet, inc. \ www. Forms Workllow.com CM-020 CASE NAME: CASE NUMBER: WESTERN VALUES PROJECT v. WESTLANDS WATER DISTRICT 19CECG01307 7. The pleading has not yet been filed and served on the parties listed in item 6 for the following reasons (describe the efforts that have been made to serve the pleading and why service has not been completed): Please see attachment. Xl Continued on Attachment 7. 8. An extension of time to serve and file the pleading should be granted for the following reasons: Please see attachment. Continued on Attachment 8. 9. Ifan extension of time is granted, filing and service on the parties listed in item 6 will be completed by (date): August 22, 2019 10. Notice of this application under rules 3.1200-3.1207 [X] has been provided as required (describe all parties or counsel to whom notice was given; the date, time, and manner of giving notice; what the parties or counsel were told and their responses; and whether opposition is expected) or [_] is not required (state reasons): Notice of this application has been provided to WESTERN VALUES PROJECT, on July 12, 2017 via email at bchisholm@altshulerberzon.com. BJ Chisholm, counsel for Petitioner, has indicated that Petitioner consents to the extention and will not oppose this application. (Continued on Attachment 10. 114, Number of pages attached: 5 | declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: July 15, 2019 > Maggie W. Stern (TYPE OR PRINT NAME OF APPLICANT OR ATTORNEY FOR APPLICANT) (SIGNATUREPE APPLICANT ‘OR ATTORNEY FOR APPLICANT) Order on Application is []below _[_] ona separate document. ORDER 1. The application for an order extending time to serve and file the pleading is granted OD denied. 2. The pleading must be served and filed no later than (date): 3.) The case management conference is rescheduled to: 6 22-[Z019 a. Date: b. Time: c. Place: 4. Other orders: 5. A copy of this application and order must be served on all parties or their counsel thaf fave appeared in the case. “ 7/ / 4) ‘CH-020 (Rev. January 1, 2008) EX PARTE APPLICATION FOR-EXTENSIONOF TIME Lo Ke TT 17” JUDICIAL OFFICER V/ Page 2 of 2 TO SERVE PLEADING AND ORDERS ‘American LegaiNet, Inc wonw Forms Workllow.com ATTACHMENT 7 Attachment 7 Petitioner Western Values Project filed a Petition for Writ of Mandate ("Petition") on April 16, 2019, alleging that Respondent Westlands Water District failed to comply with the California Public Records Act ("CPRA"). In particular, Petitioner alleges that Respondent failed to produce records in response to a CPRA request. Respondent was served with the Petition on April 22, 2019. The initial deadline to respond to the Petition was May 22, 2019. On May 16, 2019, the parties stipulated to extend the deadline by 15 days pursuant to California Rules of Court, rule 3.110(d). Thereafter, the Court granted a 45-day extension, extending the time for the Respondent to respond to the Petition until July 22, 2019. In the interim, and without admitting fault, Respondent has provided records to Petitioner. Respondent produced a large volume of records, which Petitioner then reviewed. On July 11, 2019, Petitioner informed Respondent that it had completed its review of the records. At this point, the parties anticipate they will likely be able to resolve this matter without further need for litigation. However, counsel for Petitioner will be unavailable from July 12, 2019 through July 22, 2019 and so the parties will be unable to memorialize an agreement until after that date. Accordingly, Respondent requests 30-day extension for Westland’s Water District to file its response pursuant to California Rules of Court, rule 3.110(e). The new deadline would be August 22, 2019. The extension could save the time and resources of the court as well as the parties. Therefore, Respondent respectfully requests that the court grant this request for an extension of time for Westlands Water District to file and serve a response to the Petition for Writ of Mandate. 1850836.2 2010-094 ATTACHMENT 8 1836.2 201 - - Attachment 8 As indicated above, the parties anticipate that the extension will save the time and resources of the court as well as the parties, since the parties expect they will likely be able to resolve this matter shortly after July 22, 2019. Therefore, Respondent respectfully requests that the court grant this request for an extension of time for Westlands Water District to file and serve a response to the Petition for Writ of Mandate, 1850836.2 2010-094 PROOF OF SERVICE Case No. 19CECG01307 STATE OF CALIFORNIA, COUNTY OF SACRAMENTO At the time of service, I was over 18 years of age and not a party to this action. | am employed in the County of Sacramento, State of California. My business address is 400 Capitol Mall, 27th Floor, Sacramento, CA 95814. On July 15, 2019, I served true copies of the following document(s) described as EX PARTE APPLICATION FOR EXTENSION OF TIME TO SERVE PLEADING AND ORDER EXTENDING TIME TO SERVE on the interested parties in this action as follows: HAMILTON CANDEE hcandee@altshulerberzon.com BARBARA J. CHISHOLM bchisholm@altshulerberzon.com 10 ERIC P. BROWN ebrown@altshulerberzon.com 11 ALTSHULER BERZON LLP 177 Post Street, Suite 300 12 San Francisco. CA 94108 13 BY FEDEX: | enclosed said document(s) in an envelope or package provided by FedEx and addressed to the persons at the addresses listed above. I placed the envelope or package for 14 collection and overnight delivery at an office or a regularly utilized drop box of FedEx or delivered such document(s) to a courier or driver authorized by FedEx to receive documents. 15 I declare under penalty of perjury under the laws of the State of California that the 16 foregoing is true and correct. 17 Executed on July 1 5, 2019, at Sacramento, California. 18 19 DeteotO._ Deborah Clark Clase 20 21 22 23 24 25 26 27 28