Preview
CM-110
ATTORNEY OR PARTYWITHOUT ATTORNEY (Name, State Barnumber, and address): FOR COURT USE ONLY
Ryan S. Bezerra, #178048 Christopher 8. Hall, #203901; Ben Nicholson, #239893
Bartkiewicz Kronick & Shanahan McCormick Barstow LLP
E-FILED
1011 Twenty-Second Street 7647 N. Fresno Street
6/18/2019 4:05 PM
Sacramento, California 95816-4907 Fresno, OA 93720
Superior Court of California
TELEPHONE NO.: (916) 446-4254 FAX NO. (Optional): (916) 446-4018
County of Fresno
E-MAIL ADDRESS (Optional): RSB@bkslawfirm.eom
ATTORNEY FOR (Name): Plaintiff JAMESiRRIGATION DISTRiCT
By: K. Daves, Deputy
SUPERIOR COURT OF CALIFORNIA, COUNTY OF FRESNO
STREET ADDRESS: 1130 "O" Street
MAILING ADDRESS
Fresno, OA
CITY AND ZIP CODE 93721
BRANCH NAME
PLAINTIFF/PETITIONER: JAMES IRRIGATiON DISTRiCT
DEFENDANT/RESPONDENT: KINGS RIVER WATER ASSOCIATION, et al.
CASE MANAGEMENT STATEMENT CASE NUMBER:
19CECG00769
(Check one): ^ UNLIMITED CASE • LIMITED CASE
(Amount demanded (Amount demanded is $25,000
exceeds $25.000^ QLlfiSS)
A CASE MANAGEMENT CONFERENCE is scheduled as follows;
Date: July 3,2019 Time: 3:30 p.m. Dept.: 402 Div, Room:
Address of court fif different from the address above):
^ Notice of Intent to Appear by Telephone, by(name): Ben Nicholson
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
Party or parties (answer one):
a. S This statement issubmitted by party (name): JAMES IRRIGATION DISTRICT
b. n This statement issubmitted jointly by parties (names):
Complaint and cross-complaint (tobe answered byplaintiffs and cross-complainants only)
a. The complaint was filed on (date): March 1, 2019
b. O The cross-complaint, if any, was filed on (date):
3. Service (to be answered by plaintiffs and cross-complainants only)
a. ^ All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed.
b. ^ The following parlies named In the complaint orcross-complaint
(1) • have not been served (specify names andexplain why not):
(2) ^ have been served but have not appeared and have not been dismissed (specify names): CLARK'S FORK
RECLAMATION DISTRICT NO, 2069
(3) • have had a default entered against them (specify names):
c. n The following additional parties may be added (specify names, nature ofinvolvement In case, and date by which
thev mav be served):
4. Description of case
a. Type of case in |3 complaint D cross-complaint (Describe, including causes ofaction):
The subject Verified Complaint states causes of action for Breach of the 1963 Lower River Agreement, Breach of
the Implied Covenantof Good Faith And FairDealing, Breach of Fiduciary Duty, Declaratory Relief and
imposition of Physical Solution.
Page 1 of 5
Form Adopted for Mandatory Use Cat. Rules of Court,
Judicial Council of California
CASE MANAGEMENT STATEMENT
rules 3.720-3.730
CM-110 (Rev. July 1,2011] www.courts.ca.gov
American LcgalNet, Inc.
www.FormsWorkFlow.com
CM-110
CASE NUMBER:
PLAINTIFF/PETITIONER: JAMES IRRIGATION DISTRICT
19CECG00769
DEFENDANT/RESPONDENT: KINGS RIVER WATER ASSOCIATION, et al.
Provide a brief statement of the case, including any damages. (Ifpersonal injurydamages are sought, specify the injury and
damages claimed, including medical expenses to date [indicate source and amount], estimated future medical expenses, lost
eamings to date, and estimated future lost eamings. Ifequitable relief is sought, describe the nature of the relief.)
See Attachment 4b, attached hereto and made a part hereof.
S (Ifmore space isneeded, check this box andattach a page designated as Attachment 4b.)
5. Jury or nonjury trial
The party orparties request • a jury trial ^ a nonjury trial. (Ifmore than one party, provide the name ofeach party
requesting a Jury trial):
6. Trial date
a. • The trial has been set for (date):
b. 13 No trial date has been set. This case will be ready for trial within 12 months of the date of the filing of the complaint (if
not,explain):
c. Dates on which parties or attorneys will not be available fortrial (specify dates and explain reasons forunavailability):
Due to priortrials the following dates are not available: 8/12/19 to 8/20/19; 9/30/19 to 10/5/19,11/12/19 to 11/15/19; 1/21/20to
1/30/20; 3/2/20 to 3/20/20; 4/20/20 to 4/30/20; 5/4/20 to 5/8/20; 6/8/20 to 6/20/20 and 11/18/20 to 11/23/20
7. Estimated length of trial
The party or parties estimate that the trialwill take (check one):
a. 3 days (specify number): 15 days
b. • hours (short causes) (specify):
8. Trial representation (to be answered for each party)
The party orparties will berepresented at trial 3 by the attorney orparty listed in the caption O by the following:
a. Attomey:
b. Firm:
c. Address:
d. Telephone number: f. Fax number:
e. E-mail address: g. Party represented:
• Additional representation is described in Attachment 8.
9. Preference
n This caseisentitled topreference (specify code section):
10. Alternative dispute resolution (ADR)
a. ADRinformation package. Please note that different ADR processes are available in different courts and communities; read
the ADR information package provided bythe courtunderrule 3.221 forinformation aboutthe processes available through the
court and community programs in this case.
(1) For parties represented by counsel: Counsel 13 has O has not provided the ADR information package identified
in rule 3.221 to the client and reviewed ADR options with the client.
(2) For self-represented parties: Party • has • hasnot reviewed the ADR information package identified in rule 3.221.
b. Referral to judicial arbitration or civil action mediation (ifavailable).
(1) • This matter issubject to mandatory judicial arbitration under Code ofCivil Procedure section 1141.11 ortocivil action
mediation under Code of Civil Procedure section 1775.3 because the amount in controversydoes not exceed the
statutory limit.
(2) • Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount specified in Code of
Civil Procedure section 1141.11.
(3) 13 This case is exempt from judicial arbitration under rule 3.811 oftheCalifornia Rules ofCourt orfrom civil action
mediation under Code of Civil Procedure section 1775 et seq. (specify exemption):
Amount in controversy exceeds limits of ORC 3.811 and CCP 1775.
CM-110 (Rev. Jiiiy 1.20111 CASE MANAGEMENT STATEMENT
American LcgalNet, Inc.
www.FormsWorkFlow.com
CM-110
CASE NUMBER:
PLAINTIFF/PETITIONER: JAMES IRRIGATION DISTRICT
19CECG00769
DEFENDANT/RESPONDENT: KINGS RIVER WATER ASSOCIATION, et al.
10. c. Indicate the ADR process or processes that the party or parties are willing to participate in, have agreed to participate in, or
have already participated in (check all that apply and provide the specified information):
The party or parties completing Ifthe party or parties completing this form in the case have agreed to
this form are willing to participate in or have already completed an ADR process or processes,
participate in the following ADR indicate the status of the processes (attach a copy of the parties'ADR
processes (check all that apply): stipulation):
E] Mediation session not yetscheduled
[D Mediation session scheduled for (date):
(1) Mediation
n Agreed to complete mediation by (date):
n Mediation completed on (date):
• Settlement conference not yetscheduled
(2) Settlement • Settlement conference scheduled for (date):
conference •
• Agreed tocomplete settlement conference by (date):
• Settlement conference completed on (date):
n Neutral evaluation not yetscheduled
G Neutral evaluation scheduled for (date):
(3) Neutral evaluation •
Q Agreed tocomplete neutral evaluation by (date):
D Neutral evaluation completed on (date):
G Judicial arbitration not yet scheduled
(4) Nonbinding judicial G Judicial arbitration scheduled for (date):
arbitration •
G Agreed tocomplete judicial arbitration by (date):
G Judicial arbitration completed on(date):
G Private arbitration not yet scheduled
(5) Binding private G Private arbitration scheduled for (date):
arbitration •
G Agreed tocomplete private arbitration by (date):
G Private arbitration completed on (date):
G ADR session not yet scheduled
(6) Other (specify): G ADR session scheduled for (date):
•
G Agreed tocomplete ADR session by (date):
G ADR completed on(date):
CM-110(Rev. July 1,2011) Pago 3 of 5
CASE MANAGEMENT STATEMENT
American LegatNcl, Inc.
www. FofmsWorkFlow com
CM-110
CASE NUMBER:
PLAINTIFF/PETITIONER: JAMES IRRIGATION DISTRICT
19CECG00769
DEFENDANT/RESPONDENT: KINGS RIVER WATER ASSOCIATION, et al.
11. Insurance
a. C] Insurance carrier, ifany, for party filing this statement (name):
b. Reservation ofrights: • Yes • No
c. O Coverage issues will significantly affect resolution ofthis case (explain):
12. Jurisdiction
Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status.
CD Bankruptcy O Other fspec/'/y/'
Status:
13. Related cases, consolidation, and coordination
a. O There are companion, underlying, or related cases.
(1) Name of case:
(2) Name of court:
(3) Case number:
(4) Status:
E] Additional cases are described inAttachment 13a.
b. O Amotion to Cl consolidate C] coordinate will befiled by (name party):
14. Bifurcation
• The party or parties intend to file a motion for an order bifurcating, severing, or coordinating the following issues or causes of
action (specify moving party, type of motion, and reasons):
15. Other motions
[H The party orparties expect to file the following motions before trial (specify moving party, type ofmotion, and issues):
16. Discovery
a. • The party orparties have completed all discovery.
b [3 The following discovery will be completed by the date specified (describe ail anticipated discovery):
Partv Description Date
Plaintiff Written discovery November, 2020
Plaintiff Depositions November, 2020
Plaintiff Expertdiscovery November, 2020
c. n The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
cM-110 [Rev July 1.2011] CASE MANAGEMENT STATEMENT Page 4of 5
American LegalNel, Inc.
ttAvwrormsWorkFlowcom
CM-110
CASE NUMBER:
PLAINTIFF/PETITIONER: JAMES IRRIGATION DISTRICT
19CECG00769
"defendant/respondent: KINGS RIVER WATER ASSOCIATION, et al.
17. Economic litigation
a. CH This Is a limited civil case (i.e., the amount demanded is $25,000 orless) and the economic litigation procedures in Code
of Civil Procedure sections 90-98 will apply to this case.
b. O This isa limited civil case and a motion to withdraw the casefrom the economic litigation procedures or for additional
discoverywill be filed (ifchecked, explainspecifically whyeconomiclitigah'on procedures relatingto discoveryor trial
should not apply to this case):
18. Other Issues
• The party or parties request that the following additional matters be considered or determined at the case management
conference (specify):
19. Meet and confer
a. ^ The party or parties have met and conferred with all parties on all subjects required by rule 3.724 of the Califomia Rules of
Court (ifnot, explain):
b. After meeting and conferring as required by rule 3.724 ofthe California Rules ofCourt, the parties agree onthefollowing
(specify):
20. Total number of pages attached (ifanv): 1
Iam completely familiar with thiscase and will be fully prepared to discussthe status of discovery and alternative dispute resolution,
as well as otherissues raised bythisstatement, and will possess the authority to enter Into stipulations on these issues at the time of
the case management conference, including the written authority ofthe party where required.
Date: June 18, 2019
Ben Nicholson
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
G Additional signatures are attached.
CM-110(Rev julyl.20111 Qy^SE MANAGEMENT STATEMENT PageSolS
American LegalNet, Inc.
www.FonnsWorkFlovv.com
Case Name Case No.
JAMES IRRIGATION DISTRICT v. 19CECG00769
KINGS RIVER WATER ASSOCIATION, et al.
ATTACHMENT 4b
Provide a briefstatement ofthe case, includingany damages.(Ifpersonal injurydamages are sought,
specify the injury and damages claimed, including medical expenses to date [indicate source and
amount], estimated future medical expenses, lost earnings to date, and estimated future lost
earnings. Ifequitable reliefis sought, describe the nature ofthe relief)
(continued)
The defendantsbreachedthe 1963 LowerRiverAgreement, which(amongotherthings) govems the
calculation of so-called "conveyance losses" on the Kings River (i.e., losses associated with
deliveries of the users' respective Kings Riverwater supplies and the allocation and use of Kings
Riverwaterstored behind PineFlatDamamong thosewater users ascompensation forthose losses).
Specifically, Paragraph 10 and Exhibit A of the 1963 Lower River Agreement require that James
ID'S compensation for "conveyance losses" be calculated pursuant to a particular formula. Rather
than applying such formula, defendants applied a wholly different calculation for the 2016-2017
wateryearthatresulted in JamesIDreceiving lesscompensation for its"conveyance losses" thanit
isentitled to under theagreement anditsstorage account receiving approximately 4,205 acre feet of
water less than it should have.
James ID filed the subject actionto recover damages forthiswrongful denial ofwater andto confirm
that defendants are required to follow Paragraph 10 and Exhibit A of the 1963 Lower River
Agreement in the future.
037795-000000 6116930.1
PROOF OF SERVICE
2 STATE OF CALIFORNIA, COUNTY OF FRESNO
3 At the time of service, I was over 18 years of age and not a party to this action. I am
employed in the County of Fresno, State of California. My business address is 7647 North Fresno
4 Street, Fresno, CA 93720.
5 On June 18, 2019, I served true copies of the following document(s) described as CASE
MANAGEMENT STATEMENT on the interested parties in this action as follows:
6
SEE ATTACHED SERVICE LIST
7
BY MAIL: I enclosed the document(s) in a sealed envelope or package addressed to the
8 persons at the addresses listed in the Service Listand placed the envelope for collection and mailing,
following our ordinary business practices. I am readily familiar with this business's practice for
9 collecting and processing correspondence for mailing. On the same day that the correspondence is
placed for collection and mailing, it is deposited in the ordinary course of business with the United
10 States Postal Service, in a sealed envelope with postage fully prepaid.
11 I declare under penalty of perjury under the laws ofthe State of California that theforegoing is
true and correct.
12
Executed on Jime 18,2019, at Fresno, California.
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Mccormick. Barstow,
SHEPPARD, WAtTE &
Carruth LLP
7S47 NORTH FRESNO STREET
FRESNO. CA 93730
SERVICE LIST
Joseph D. Hughes, Esq. Aubrey A. Mauritson, Esq.
John V. Komar, Esq. Ruddell, Stanton, Bixler,
Klein, DeNatale, Goldner, Cooper, Rosenlieb & Mauritson & Evans, LLP
Kimball, LLP 1102 N. Chinowth Street
4550 California Avenue, Second Floor Visalia, Califomia 93291
Bakersfield, CA 93309 Ph: (559) 733-5770
Ph: (661)485-2100 Fax: (559) 733-4922
Fax:(661)326-0418 E-mail: amauritson@visalialaw.com
E-mail: ihughes@kleinlaw.com
ikomar@kleinlaw.com Attomeys for Defendants TULARE LAKE
BASIN WATER STORAGE DISTRICT,
Attorneys for Defendants KINGS RIVER TULARE LAKE CANAL COMPANY,
WATER ASSOCIATION and STEVEN SOUTHEAST LAKE WATER COMPANY,
HAUGEN LEMOORE CANAL & IRRIGATION
10 COMPANY, CORCORAN IRRIGATION
COMPANY, CRESCENT CANAL COMPANY,
11 STINSON CANAL & IRRIGATION
COMPANY, REED DITCH COMPANY, JOHN
12 HEINLEN MUTUAL WATER COMPANY, and
LOVELACE WATER CORPORATION (fka
13 CIRCLE "L" FARMS)
14 Michael N. Nordstrom, Esq. Kenneth J. Richardson, Esq.
Law Offices of Michael N. Nordstrom Peltzer & Richardson Law Corp.
15 222 W. Lacey Boulevard 3746 W. Mineral King Avenue
Hanford, California 93230 Visalia, CA 93291
16 Ph: (559)584-3131 Ph: (559) 372-2400
Fax: (559) 584-3132 Fax: (559) 372-2407
17 E-mail: nordlaw@nordstrom5.com E-mail: la-ichardson@.DrlawcorD.com
18 Attomeys for Defendants BURRELL DITCH Attomeys for Defendants LAST CHANCE
COMPANY, LIBERTY CANAL COMPANY, WATER DITCH COMPANY and PEOPLES
19 LIBERTY MILL RACE COMPANY, UPPER DITCH COMPANY
SAN JOSE WATER COMPANY, EMPIRE
20 WEST SIDE IRRIGATION DISTRICT and
LAGUNA IRRIGATION DISTRICT
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David W. Kahn, Esq. Joseph Marchini, Esq.
22 Kahn, Soares & Conway, LLP Lauren D. Layne, Esq.
219 N. Douty Street Baker, Manock & Jensen, PC
23 Hanford, California 93230 5260 N. Palm Avenue, Suite 421
Fax: (559) 584-3348 Fresno, Califomia 93704
24 E-mail: dkahn@kschanford.com Ph: (559) 432-5400
Fax: (559) 432-5260
25 Attomeys for Defendants STRATFORD E-mail: imarchini@bakermanock.com
IRRIGATION DISTRICT and RIVERDALE Ilavne@bakermanock.com
26 IRRIGATION DISTRICT
Attomeys for Defendant TRANQUILITY
27 IRRIGATION DISTRICT
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McCormick, BARSTOW,
Sheppard, Wayte &
Carruth LLP
7847 NORTH FRESNO STREET
FRESNO, CAS3720
Marshall C. Whitney, Esq. Via Service by Mail
Whitney, Thompson & Jeffcoach LLP Ron Allvin, Board President
8050 N. Palm Avenue, Suite 110 Clark's Fork Reclamation District No. 2069
Fresno, California 93711 P.O. Box 874
Ph: (559) 753-2550 Lemoore, CA 93245
Fax: (559) 753-2560
E-mail: mwhitnev@wti law.com
Attorneys for Defendant TULARE LAKE
RECLAMATION DISTRICT NO. 761 (aka
COHN CENTRAL CONSOLIDATED
DISTRICT NO. 761)
Ryan S. Bezerra, Esq. Leonard C. Herr, Esq.
Andrew J. Ramos, Esq. Rhea Ikemiya, Esq.
Patrick K. Fitzgerald, Esq. Herr Pedersen & Berglund LLP
Bartkiewicz Kronick & Shanahan 100 Willow Plaza, Suite 300
1011 Twenty-Second Street Visalia,CA 93291
10 Sacramento, California 95816-4907 Ph: (559)636-0200
Ph: (916) 446-4254 Fax: (559)636-9759
11 Fax: (916) 446-4018
E-mail: rsb@bkslawfirm.com Attorneys for Defendants KINGS RIVER
12 AJR@bkslawfirm.com WATER ASSOCIATION and STEVEN
HAUGEN
13 Attorneys for Plaintiff JAMES IRRIGATION
DISTRICT
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McCormick, Barstow,
SHEPPARD.WAY7E&
CARRUTHLLP
nn NORTH FRESNO STREET
FRESKO.CA 03720
Preview
CM-110 ATTORNEY OR PARTYWITHOUT ATTORNEY (Name, State Barnumber, and address): FOR COURT USE ONLY Ryan S. Bezerra, #178048 Christopher 8. Hall, #203901; Ben Nicholson, #239893 Bartkiewicz Kronick & Shanahan McCormick Barstow LLP E-FILED 1011 Twenty-Second Street 7647 N. Fresno Street 6/18/2019 4:05 PM Sacramento, California 95816-4907 Fresno, OA 93720 Superior Court of California TELEPHONE NO.: (916) 446-4254 FAX NO. (Optional): (916) 446-4018 County of Fresno E-MAIL ADDRESS (Optional): RSB@bkslawfirm.eom ATTORNEY FOR (Name): Plaintiff JAMESiRRIGATION DISTRiCT By: K. Daves, Deputy SUPERIOR COURT OF CALIFORNIA, COUNTY OF FRESNO STREET ADDRESS: 1130 "O" Street MAILING ADDRESS Fresno, OA CITY AND ZIP CODE 93721 BRANCH NAME PLAINTIFF/PETITIONER: JAMES IRRIGATiON DISTRiCT DEFENDANT/RESPONDENT: KINGS RIVER WATER ASSOCIATION, et al. CASE MANAGEMENT STATEMENT CASE NUMBER: 19CECG00769 (Check one): ^ UNLIMITED CASE • LIMITED CASE (Amount demanded (Amount demanded is $25,000 exceeds $25.000^ QLlfiSS) A CASE MANAGEMENT CONFERENCE is scheduled as follows; Date: July 3,2019 Time: 3:30 p.m. Dept.: 402 Div, Room: Address of court fif different from the address above): ^ Notice of Intent to Appear by Telephone, by(name): Ben Nicholson INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. Party or parties (answer one): a. S This statement issubmitted by party (name): JAMES IRRIGATION DISTRICT b. n This statement issubmitted jointly by parties (names): Complaint and cross-complaint (tobe answered byplaintiffs and cross-complainants only) a. The complaint was filed on (date): March 1, 2019 b. O The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. ^ All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. ^ The following parlies named In the complaint orcross-complaint (1) • have not been served (specify names andexplain why not): (2) ^ have been served but have not appeared and have not been dismissed (specify names): CLARK'S FORK RECLAMATION DISTRICT NO, 2069 (3) • have had a default entered against them (specify names): c. n The following additional parties may be added (specify names, nature ofinvolvement In case, and date by which thev mav be served): 4. Description of case a. Type of case in |3 complaint D cross-complaint (Describe, including causes ofaction): The subject Verified Complaint states causes of action for Breach of the 1963 Lower River Agreement, Breach of the Implied Covenantof Good Faith And FairDealing, Breach of Fiduciary Duty, Declaratory Relief and imposition of Physical Solution. Page 1 of 5 Form Adopted for Mandatory Use Cat. Rules of Court, Judicial Council of California CASE MANAGEMENT STATEMENT rules 3.720-3.730 CM-110 (Rev. July 1,2011] www.courts.ca.gov American LcgalNet, Inc. www.FormsWorkFlow.com CM-110 CASE NUMBER: PLAINTIFF/PETITIONER: JAMES IRRIGATION DISTRICT 19CECG00769 DEFENDANT/RESPONDENT: KINGS RIVER WATER ASSOCIATION, et al. Provide a brief statement of the case, including any damages. (Ifpersonal injurydamages are sought, specify the injury and damages claimed, including medical expenses to date [indicate source and amount], estimated future medical expenses, lost eamings to date, and estimated future lost eamings. Ifequitable relief is sought, describe the nature of the relief.) See Attachment 4b, attached hereto and made a part hereof. S (Ifmore space isneeded, check this box andattach a page designated as Attachment 4b.) 5. Jury or nonjury trial The party orparties request • a jury trial ^ a nonjury trial. (Ifmore than one party, provide the name ofeach party requesting a Jury trial): 6. Trial date a. • The trial has been set for (date): b. 13 No trial date has been set. This case will be ready for trial within 12 months of the date of the filing of the complaint (if not,explain): c. Dates on which parties or attorneys will not be available fortrial (specify dates and explain reasons forunavailability): Due to priortrials the following dates are not available: 8/12/19 to 8/20/19; 9/30/19 to 10/5/19,11/12/19 to 11/15/19; 1/21/20to 1/30/20; 3/2/20 to 3/20/20; 4/20/20 to 4/30/20; 5/4/20 to 5/8/20; 6/8/20 to 6/20/20 and 11/18/20 to 11/23/20 7. Estimated length of trial The party or parties estimate that the trialwill take (check one): a. 3 days (specify number): 15 days b. • hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party orparties will berepresented at trial 3 by the attorney orparty listed in the caption O by the following: a. Attomey: b. Firm: c. Address: d. Telephone number: f. Fax number: e. E-mail address: g. Party represented: • Additional representation is described in Attachment 8. 9. Preference n This caseisentitled topreference (specify code section): 10. Alternative dispute resolution (ADR) a. ADRinformation package. Please note that different ADR processes are available in different courts and communities; read the ADR information package provided bythe courtunderrule 3.221 forinformation aboutthe processes available through the court and community programs in this case. (1) For parties represented by counsel: Counsel 13 has O has not provided the ADR information package identified in rule 3.221 to the client and reviewed ADR options with the client. (2) For self-represented parties: Party • has • hasnot reviewed the ADR information package identified in rule 3.221. b. Referral to judicial arbitration or civil action mediation (ifavailable). (1) • This matter issubject to mandatory judicial arbitration under Code ofCivil Procedure section 1141.11 ortocivil action mediation under Code of Civil Procedure section 1775.3 because the amount in controversydoes not exceed the statutory limit. (2) • Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount specified in Code of Civil Procedure section 1141.11. (3) 13 This case is exempt from judicial arbitration under rule 3.811 oftheCalifornia Rules ofCourt orfrom civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): Amount in controversy exceeds limits of ORC 3.811 and CCP 1775. CM-110 (Rev. Jiiiy 1.20111 CASE MANAGEMENT STATEMENT American LcgalNet, Inc. www.FormsWorkFlow.com CM-110 CASE NUMBER: PLAINTIFF/PETITIONER: JAMES IRRIGATION DISTRICT 19CECG00769 DEFENDANT/RESPONDENT: KINGS RIVER WATER ASSOCIATION, et al. 10. c. Indicate the ADR process or processes that the party or parties are willing to participate in, have agreed to participate in, or have already participated in (check all that apply and provide the specified information): The party or parties completing Ifthe party or parties completing this form in the case have agreed to this form are willing to participate in or have already completed an ADR process or processes, participate in the following ADR indicate the status of the processes (attach a copy of the parties'ADR processes (check all that apply): stipulation): E] Mediation session not yetscheduled [D Mediation session scheduled for (date): (1) Mediation n Agreed to complete mediation by (date): n Mediation completed on (date): • Settlement conference not yetscheduled (2) Settlement • Settlement conference scheduled for (date): conference • • Agreed tocomplete settlement conference by (date): • Settlement conference completed on (date): n Neutral evaluation not yetscheduled G Neutral evaluation scheduled for (date): (3) Neutral evaluation • Q Agreed tocomplete neutral evaluation by (date): D Neutral evaluation completed on (date): G Judicial arbitration not yet scheduled (4) Nonbinding judicial G Judicial arbitration scheduled for (date): arbitration • G Agreed tocomplete judicial arbitration by (date): G Judicial arbitration completed on(date): G Private arbitration not yet scheduled (5) Binding private G Private arbitration scheduled for (date): arbitration • G Agreed tocomplete private arbitration by (date): G Private arbitration completed on (date): G ADR session not yet scheduled (6) Other (specify): G ADR session scheduled for (date): • G Agreed tocomplete ADR session by (date): G ADR completed on(date): CM-110(Rev. July 1,2011) Pago 3 of 5 CASE MANAGEMENT STATEMENT American LegatNcl, Inc. www. FofmsWorkFlow com CM-110 CASE NUMBER: PLAINTIFF/PETITIONER: JAMES IRRIGATION DISTRICT 19CECG00769 DEFENDANT/RESPONDENT: KINGS RIVER WATER ASSOCIATION, et al. 11. Insurance a. C] Insurance carrier, ifany, for party filing this statement (name): b. Reservation ofrights: • Yes • No c. O Coverage issues will significantly affect resolution ofthis case (explain): 12. Jurisdiction Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status. CD Bankruptcy O Other fspec/'/y/' Status: 13. Related cases, consolidation, and coordination a. O There are companion, underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: (4) Status: E] Additional cases are described inAttachment 13a. b. O Amotion to Cl consolidate C] coordinate will befiled by (name party): 14. Bifurcation • The party or parties intend to file a motion for an order bifurcating, severing, or coordinating the following issues or causes of action (specify moving party, type of motion, and reasons): 15. Other motions [H The party orparties expect to file the following motions before trial (specify moving party, type ofmotion, and issues): 16. Discovery a. • The party orparties have completed all discovery. b [3 The following discovery will be completed by the date specified (describe ail anticipated discovery): Partv Description Date Plaintiff Written discovery November, 2020 Plaintiff Depositions November, 2020 Plaintiff Expertdiscovery November, 2020 c. n The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): cM-110 [Rev July 1.2011] CASE MANAGEMENT STATEMENT Page 4of 5 American LegalNel, Inc. ttAvwrormsWorkFlowcom CM-110 CASE NUMBER: PLAINTIFF/PETITIONER: JAMES IRRIGATION DISTRICT 19CECG00769 "defendant/respondent: KINGS RIVER WATER ASSOCIATION, et al. 17. Economic litigation a. CH This Is a limited civil case (i.e., the amount demanded is $25,000 orless) and the economic litigation procedures in Code of Civil Procedure sections 90-98 will apply to this case. b. O This isa limited civil case and a motion to withdraw the casefrom the economic litigation procedures or for additional discoverywill be filed (ifchecked, explainspecifically whyeconomiclitigah'on procedures relatingto discoveryor trial should not apply to this case): 18. Other Issues • The party or parties request that the following additional matters be considered or determined at the case management conference (specify): 19. Meet and confer a. ^ The party or parties have met and conferred with all parties on all subjects required by rule 3.724 of the Califomia Rules of Court (ifnot, explain): b. After meeting and conferring as required by rule 3.724 ofthe California Rules ofCourt, the parties agree onthefollowing (specify): 20. Total number of pages attached (ifanv): 1 Iam completely familiar with thiscase and will be fully prepared to discussthe status of discovery and alternative dispute resolution, as well as otherissues raised bythisstatement, and will possess the authority to enter Into stipulations on these issues at the time of the case management conference, including the written authority ofthe party where required. Date: June 18, 2019 Ben Nicholson (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) G Additional signatures are attached. CM-110(Rev julyl.20111 Qy^SE MANAGEMENT STATEMENT PageSolS American LegalNet, Inc. www.FonnsWorkFlovv.com Case Name Case No. JAMES IRRIGATION DISTRICT v. 19CECG00769 KINGS RIVER WATER ASSOCIATION, et al. ATTACHMENT 4b Provide a briefstatement ofthe case, includingany damages.(Ifpersonal injurydamages are sought, specify the injury and damages claimed, including medical expenses to date [indicate source and amount], estimated future medical expenses, lost earnings to date, and estimated future lost earnings. Ifequitable reliefis sought, describe the nature ofthe relief) (continued) The defendantsbreachedthe 1963 LowerRiverAgreement, which(amongotherthings) govems the calculation of so-called "conveyance losses" on the Kings River (i.e., losses associated with deliveries of the users' respective Kings Riverwater supplies and the allocation and use of Kings Riverwaterstored behind PineFlatDamamong thosewater users ascompensation forthose losses). Specifically, Paragraph 10 and Exhibit A of the 1963 Lower River Agreement require that James ID'S compensation for "conveyance losses" be calculated pursuant to a particular formula. Rather than applying such formula, defendants applied a wholly different calculation for the 2016-2017 wateryearthatresulted in JamesIDreceiving lesscompensation for its"conveyance losses" thanit isentitled to under theagreement anditsstorage account receiving approximately 4,205 acre feet of water less than it should have. James ID filed the subject actionto recover damages forthiswrongful denial ofwater andto confirm that defendants are required to follow Paragraph 10 and Exhibit A of the 1963 Lower River Agreement in the future. 037795-000000 6116930.1 PROOF OF SERVICE 2 STATE OF CALIFORNIA, COUNTY OF FRESNO 3 At the time of service, I was over 18 years of age and not a party to this action. I am employed in the County of Fresno, State of California. My business address is 7647 North Fresno 4 Street, Fresno, CA 93720. 5 On June 18, 2019, I served true copies of the following document(s) described as CASE MANAGEMENT STATEMENT on the interested parties in this action as follows: 6 SEE ATTACHED SERVICE LIST 7 BY MAIL: I enclosed the document(s) in a sealed envelope or package addressed to the 8 persons at the addresses listed in the Service Listand placed the envelope for collection and mailing, following our ordinary business practices. I am readily familiar with this business's practice for 9 collecting and processing correspondence for mailing. On the same day that the correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United 10 States Postal Service, in a sealed envelope with postage fully prepaid. 11 I declare under penalty of perjury under the laws ofthe State of California that theforegoing is true and correct. 12 Executed on Jime 18,2019, at Fresno, California. 13 14 15 amirez 16 17 18 19 20 21 22 23 24 25 26 27 28 Mccormick. Barstow, SHEPPARD, WAtTE & Carruth LLP 7S47 NORTH FRESNO STREET FRESNO. CA 93730 SERVICE LIST Joseph D. Hughes, Esq. Aubrey A. Mauritson, Esq. John V. Komar, Esq. Ruddell, Stanton, Bixler, Klein, DeNatale, Goldner, Cooper, Rosenlieb & Mauritson & Evans, LLP Kimball, LLP 1102 N. Chinowth Street 4550 California Avenue, Second Floor Visalia, Califomia 93291 Bakersfield, CA 93309 Ph: (559) 733-5770 Ph: (661)485-2100 Fax: (559) 733-4922 Fax:(661)326-0418 E-mail: amauritson@visalialaw.com E-mail: ihughes@kleinlaw.com ikomar@kleinlaw.com Attomeys for Defendants TULARE LAKE BASIN WATER STORAGE DISTRICT, Attorneys for Defendants KINGS RIVER TULARE LAKE CANAL COMPANY, WATER ASSOCIATION and STEVEN SOUTHEAST LAKE WATER COMPANY, HAUGEN LEMOORE CANAL & IRRIGATION 10 COMPANY, CORCORAN IRRIGATION COMPANY, CRESCENT CANAL COMPANY, 11 STINSON CANAL & IRRIGATION COMPANY, REED DITCH COMPANY, JOHN 12 HEINLEN MUTUAL WATER COMPANY, and LOVELACE WATER CORPORATION (fka 13 CIRCLE "L" FARMS) 14 Michael N. Nordstrom, Esq. Kenneth J. Richardson, Esq. Law Offices of Michael N. Nordstrom Peltzer & Richardson Law Corp. 15 222 W. Lacey Boulevard 3746 W. Mineral King Avenue Hanford, California 93230 Visalia, CA 93291 16 Ph: (559)584-3131 Ph: (559) 372-2400 Fax: (559) 584-3132 Fax: (559) 372-2407 17 E-mail: nordlaw@nordstrom5.com E-mail: la-ichardson@.DrlawcorD.com 18 Attomeys for Defendants BURRELL DITCH Attomeys for Defendants LAST CHANCE COMPANY, LIBERTY CANAL COMPANY, WATER DITCH COMPANY and PEOPLES 19 LIBERTY MILL RACE COMPANY, UPPER DITCH COMPANY SAN JOSE WATER COMPANY, EMPIRE 20 WEST SIDE IRRIGATION DISTRICT and LAGUNA IRRIGATION DISTRICT 21 David W. Kahn, Esq. Joseph Marchini, Esq. 22 Kahn, Soares & Conway, LLP Lauren D. Layne, Esq. 219 N. Douty Street Baker, Manock & Jensen, PC 23 Hanford, California 93230 5260 N. Palm Avenue, Suite 421 Fax: (559) 584-3348 Fresno, Califomia 93704 24 E-mail: dkahn@kschanford.com Ph: (559) 432-5400 Fax: (559) 432-5260 25 Attomeys for Defendants STRATFORD E-mail: imarchini@bakermanock.com IRRIGATION DISTRICT and RIVERDALE Ilavne@bakermanock.com 26 IRRIGATION DISTRICT Attomeys for Defendant TRANQUILITY 27 IRRIGATION DISTRICT 28 McCormick, BARSTOW, Sheppard, Wayte & Carruth LLP 7847 NORTH FRESNO STREET FRESNO, CAS3720 Marshall C. Whitney, Esq. Via Service by Mail Whitney, Thompson & Jeffcoach LLP Ron Allvin, Board President 8050 N. Palm Avenue, Suite 110 Clark's Fork Reclamation District No. 2069 Fresno, California 93711 P.O. Box 874 Ph: (559) 753-2550 Lemoore, CA 93245 Fax: (559) 753-2560 E-mail: mwhitnev@wti law.com Attorneys for Defendant TULARE LAKE RECLAMATION DISTRICT NO. 761 (aka COHN CENTRAL CONSOLIDATED DISTRICT NO. 761) Ryan S. Bezerra, Esq. Leonard C. Herr, Esq. Andrew J. Ramos, Esq. Rhea Ikemiya, Esq. Patrick K. Fitzgerald, Esq. Herr Pedersen & Berglund LLP Bartkiewicz Kronick & Shanahan 100 Willow Plaza, Suite 300 1011 Twenty-Second Street Visalia,CA 93291 10 Sacramento, California 95816-4907 Ph: (559)636-0200 Ph: (916) 446-4254 Fax: (559)636-9759 11 Fax: (916) 446-4018 E-mail: rsb@bkslawfirm.com Attorneys for Defendants KINGS RIVER 12 AJR@bkslawfirm.com WATER ASSOCIATION and STEVEN HAUGEN 13 Attorneys for Plaintiff JAMES IRRIGATION DISTRICT 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 McCormick, Barstow, SHEPPARD.WAY7E& CARRUTHLLP nn NORTH FRESNO STREET FRESKO.CA 03720