Preview
1 STEVEN M. TORIGIANI, ESQ., SBN 166773
E-FILED
BRETT A. STROUD, ESQ., SBN 301777 5/4/2020 8:00 AM
2 THE LAW OFFICES OF YOUNG WOOLDRIDGE, LLP Superior Court of California
3 1800 30th Street, Fourth Floor County of Fresno
Bakersfield, CA 93301 By: Sergio Lopez, Deputy
4 Telephone: (661) 327-9661
Facsimile: (661) 327-0720
5 Email: storigiani@youngwooldridge.com
6 bstroud@youngwooldridge.com
7 Attorneys for Petitioner JAMES EXEMPT FROM FILING
IRRIGATION DISTRICT FEE [GOV. CODE §6103]
8
9 SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 FOR THE COUNTY OF FRESNO
11 JAMES IRRIGATION DISTRICT, a California Case No. 20CECG00688
Irrigation District; Assigned to Hon. Jeffrey Hamilton
Wooldridge, LLP
12
A LIMITED LIABILITY PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS
13 Petitioner,
14 v.
REQUEST FOR HEARING
15 WESTLANDS WATER DISTRICT, a California
The Law Offices Of
16 Water District; [Pub. Resources Code, § 21167.4(a)]
17 Respondent.
18
19
Young
20 MENDOTA POOL GROUP, an unincorporated
association; and DOES 1 through 10, inclusive;
21 Petition Filed: February 20, 2020
Real Parties in Interest Hearing Date: None Set
22
23
24
25
26
27
28
13323-103\00163149.001 1
REQUEST FOR HEARING
1 Public Resources Code section 21167.4(a) requires that Petitioner “shall request a
2 hearing within 90 days from the date of filing the petition or shall be subject to dismissal on the
3 court’s own motion or on the motion of any party interested in the action nor proceeding.” At
4 this time, it is unknown when the parties will be prepared to have the case heard. Petitioner
5 James Irrigation District (“JID”) has not yet received the documents needed to prepare the
6 administrative record, which it requested from Westlands Water District (“Westlands”) under
7 the California Public Records Act and from the Bureau of Reclamation (“USBR”) under the
8 Freedom of Information Act (“FOIA”). Both Westlands and USBR have indicated that, due to
9 restrictions imposed by the COVID-19 pandemic, they need additional time to collect those
10 records. On April 1, 2020, the Court approved the parties’ stipulation to continue deadlines
11 related to the record. Furthermore, Petitioner and Respondent are both public agencies located
Wooldridge, LLP
12 in Fresno County, and pursuant to Code of Civil Procedure section 394 the action is subject to
A LIMITED LIABILITY PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS
13 change of venue to a neutral county. Accordingly, concurrently with this Request for Hearing,
14 JID will file its motion to transfer this action to another county. Due to the COVID-19
15 pandemic and the resulting alterations of court operations (including possible inability to file
The Law Offices Of
16 documents with the court), it is unclear whether the required request for hearing will be able to
17 be filed within said 90 days and whether the change of venue motion will be heard before 90
18 days have elapsed since the filing of the Petition. Therefore, JID files this Request for Hearing
19 out of an abundance of caution.
Young
20 Pursuant to Public Resources Code section 21167.4(a), JID requests a hearing on, and
21 applies for a hearing date for, its claims under the California Environmental Quality Act
22 (“CEQA”) in its Petition for Writ of Mandate and Complaint for Declaratory and Injunctive
23 Relief, filed February 20, 2020.
24
25 Dated: April 28, 2020 THE LAW OFFICES OF YOUNG WOOLDRIDGE, LLP
26
27 By: ____________________________________
STEVEN M. TORIGIANI
28 BRETT A. STROUD
Attorneys for Petitioner James Irrigation District
13323-103\00163149.001 2
REQUEST FOR HEARING
1 PROOF OF SERVICE
2 I, the undersigned, declare that I am over the age of 18 and not a party to the above-captioned
action. My business address is 1800 30th Street, Fourth Floor, Bakersfield, California 93301.
3 My electronic service address is bstroud@youngwooldridge.com.
4
On April 28, 2020, at approximately __________,3:09 p.m. I served document entitled REQUEST FOR
5 HEARING by electronic service on following individuals at the electronic service addresses
indicated, in accordance with the Stipulation and Order filed by the Court on April 1, 2020.
6
7 Westlands Water District Andrea Matarazzo, Esq.
andrea@pioneerlawgroup.net
8
Jean Seaton
9 jean@pioneerlawgroup.net
10
Jon Rubin, Esq.
11 jrubin@wwd.ca.gov
Wooldridge, LLP
12
A LIMITED LIABILITY PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS
Mendota Pool Group Robert G. Kuhs, Esq.
13 rgkuhs@kuhsparkerlaw.com
14 Bernard Barmann, Esq.
bbarmann@kuhsparkerlaw.com
15
The Law Offices Of
16 Valerie Hanners
vhanners@kuhsparkerlaw.com
17
18 I declare under penalty of perjury under the laws of the State of California that the above is
19
Young
true and correct.
20 Executed on April 28, 2020, at Bakersfield, California.
21
22 ______________________________
23 BRETT A. STROUD
24
25
26
27
28
Proof of Service
Preview
1 STEVEN M. TORIGIANI, ESQ., SBN 166773 E-FILED BRETT A. STROUD, ESQ., SBN 301777 5/4/2020 8:00 AM 2 THE LAW OFFICES OF YOUNG WOOLDRIDGE, LLP Superior Court of California 3 1800 30th Street, Fourth Floor County of Fresno Bakersfield, CA 93301 By: Sergio Lopez, Deputy 4 Telephone: (661) 327-9661 Facsimile: (661) 327-0720 5 Email: storigiani@youngwooldridge.com 6 bstroud@youngwooldridge.com 7 Attorneys for Petitioner JAMES EXEMPT FROM FILING IRRIGATION DISTRICT FEE [GOV. CODE §6103] 8 9 SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 FOR THE COUNTY OF FRESNO 11 JAMES IRRIGATION DISTRICT, a California Case No. 20CECG00688 Irrigation District; Assigned to Hon. Jeffrey Hamilton Wooldridge, LLP 12 A LIMITED LIABILITY PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS 13 Petitioner, 14 v. REQUEST FOR HEARING 15 WESTLANDS WATER DISTRICT, a California The Law Offices Of 16 Water District; [Pub. Resources Code, § 21167.4(a)] 17 Respondent. 18 19 Young 20 MENDOTA POOL GROUP, an unincorporated association; and DOES 1 through 10, inclusive; 21 Petition Filed: February 20, 2020 Real Parties in Interest Hearing Date: None Set 22 23 24 25 26 27 28 13323-103\00163149.001 1 REQUEST FOR HEARING 1 Public Resources Code section 21167.4(a) requires that Petitioner “shall request a 2 hearing within 90 days from the date of filing the petition or shall be subject to dismissal on the 3 court’s own motion or on the motion of any party interested in the action nor proceeding.” At 4 this time, it is unknown when the parties will be prepared to have the case heard. Petitioner 5 James Irrigation District (“JID”) has not yet received the documents needed to prepare the 6 administrative record, which it requested from Westlands Water District (“Westlands”) under 7 the California Public Records Act and from the Bureau of Reclamation (“USBR”) under the 8 Freedom of Information Act (“FOIA”). Both Westlands and USBR have indicated that, due to 9 restrictions imposed by the COVID-19 pandemic, they need additional time to collect those 10 records. On April 1, 2020, the Court approved the parties’ stipulation to continue deadlines 11 related to the record. Furthermore, Petitioner and Respondent are both public agencies located Wooldridge, LLP 12 in Fresno County, and pursuant to Code of Civil Procedure section 394 the action is subject to A LIMITED LIABILITY PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS 13 change of venue to a neutral county. Accordingly, concurrently with this Request for Hearing, 14 JID will file its motion to transfer this action to another county. Due to the COVID-19 15 pandemic and the resulting alterations of court operations (including possible inability to file The Law Offices Of 16 documents with the court), it is unclear whether the required request for hearing will be able to 17 be filed within said 90 days and whether the change of venue motion will be heard before 90 18 days have elapsed since the filing of the Petition. Therefore, JID files this Request for Hearing 19 out of an abundance of caution. Young 20 Pursuant to Public Resources Code section 21167.4(a), JID requests a hearing on, and 21 applies for a hearing date for, its claims under the California Environmental Quality Act 22 (“CEQA”) in its Petition for Writ of Mandate and Complaint for Declaratory and Injunctive 23 Relief, filed February 20, 2020. 24 25 Dated: April 28, 2020 THE LAW OFFICES OF YOUNG WOOLDRIDGE, LLP 26 27 By: ____________________________________ STEVEN M. TORIGIANI 28 BRETT A. STROUD Attorneys for Petitioner James Irrigation District 13323-103\00163149.001 2 REQUEST FOR HEARING 1 PROOF OF SERVICE 2 I, the undersigned, declare that I am over the age of 18 and not a party to the above-captioned action. My business address is 1800 30th Street, Fourth Floor, Bakersfield, California 93301. 3 My electronic service address is bstroud@youngwooldridge.com. 4 On April 28, 2020, at approximately __________,3:09 p.m. I served document entitled REQUEST FOR 5 HEARING by electronic service on following individuals at the electronic service addresses indicated, in accordance with the Stipulation and Order filed by the Court on April 1, 2020. 6 7 Westlands Water District Andrea Matarazzo, Esq. andrea@pioneerlawgroup.net 8 Jean Seaton 9 jean@pioneerlawgroup.net 10 Jon Rubin, Esq. 11 jrubin@wwd.ca.gov Wooldridge, LLP 12 A LIMITED LIABILITY PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS Mendota Pool Group Robert G. Kuhs, Esq. 13 rgkuhs@kuhsparkerlaw.com 14 Bernard Barmann, Esq. bbarmann@kuhsparkerlaw.com 15 The Law Offices Of 16 Valerie Hanners vhanners@kuhsparkerlaw.com 17 18 I declare under penalty of perjury under the laws of the State of California that the above is 19 Young true and correct. 20 Executed on April 28, 2020, at Bakersfield, California. 21 22 ______________________________ 23 BRETT A. STROUD 24 25 26 27 28 Proof of Service