Preview
CM-110
"ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar numbar, end adaressy
Michael G. Colantuono (SBN: 143551) Pamela K. Graham (SBN: 216309}
Liliane M. Wyckoff (SBN: 293919)
Colantuono, Highsmith & Whatley, PC
420 Sierra College Drive, Suite 140
Grass Valley, CA 95945-5091
TELEPHONE NO: (530) 432-7357 FaxNo.(Ontonen (530) 432-7356
E-MAIL ADDRESS (Optiona): MColantuono@chwlaw.us; PGraham@chwlaw.us
ATTORNEY FOR (Name. City of Half Moon Bay
SUPERIOR COURT OF CALIFORNIA, COUNTY OF Santa Clara
sTREETApoREss: 191 North First Street
MAILING ADORESS ‘
eryanozpcope San Jose, CA 95113
BRANCH Nave: Downtown,
PLAINTIFF/PETITIONER:City of Half Moon Bay
DEFENDANT/RESPONDENT:Granada Community Services District,
et al
FOR COURT USE ONLY
CASE MANAGEMENT STATEMENT CASE NUMBER:
(] UNLIMITED CASE (=) Limite CASE 17CV316927
{Check one):
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: January 24, 2019 Time: 10:30 a.m. Dept: 13 Div.:
Address of court (if different from the address above):
N/A
{3c ] Notice of Intent to Appear by Telephone, by (name): Pamela K. Graham
Room:
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
41. Party or parties (answer one):
. [“"} This statement is submitted jointly by parties (names):
2. Complaint and cross-complaint (fo be answered by plaintiffs and eross-complainants only)
a. The complaint was filed on (date)) July 11, 2017
3. Service (fo be answered by plaintiffs and cross-compiainants only)
The cross-complaint, if any, was filed on (date): (1) Mortara: Aug. 24, 2017
This statement is submitted by party (name): Plaintiff City of Half Moon Bay
(2) Granada: Sept. 5, 2017
a, All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed.
b. [__] The following parties named in the compiaint or cross-complaint
(1) [7] have not been served (specify names and explain why not):
(2) have been served but have not appeared and have not been dismissed (specify names):
(3) [_] have had a default entered against them (specify names):
c. [-_] The following additional parties may be added (specify names, nature of involvement in case, and date by which
they may be served):
4. Description of case
a. Type of case in
complaint [4 cross-complaint (Describe, including causes of action):
Declaratory relief claims regarding the interpretation of a Joint Exercise
of Powers Agreement, entered pursuant to the Joint Exercise of Powers Act
{Cal. Gov't Code, section 6500, et seq.), and the member agencies' resulting
rights and obligations.
Fotrda Oarcla Calorie CASE MANAGEMENT STATEMENT
‘CM-110 (Rev. July 4, Z0¢1]
Page 4 of 5
Gat Rules of Cour,
ules 3.720-3.730
S iN SsCM-110
PLAINTIFF/PETITIONER: City of Half Moon Bay ‘CASE NUMBER:
[DEFENDANT/RESPONDENT:Granada Community Services 17€V316927
District, et al.
4, b. Provide a brief statement of the case, including any damages. (If personal injury damages 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. if equitable relief is sought, describe the nature of the relief.)
The parties seek this Court's assistance to interpret a Joint Exercise of
Powers Agreement (JPA) and to declare the parties' rights and obligations
under the JPA.
[_] (if more space is needed, check this box and attach a page designated as Attachment 4b.)
5. Jury or nonjury trial
The party or parties request [__] a jury trial a nonjury trial. (if more than one party, provide the name of each party
requesting a jury trial):
6. Trial date
a. [~] The trial has been set for (date):
b, [x] 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): The parties anticipate the case will be ready for trial within 24 months of
the date of the complaint due to recent mediation efforts and ongoing discovery.
c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability):
7. Estimated length of trial
The party or parties estimate that the trial will take (check one):
a days (specify number): Between 2 to 4 days, depending on the issues ultimately tried.
b. [__] hours (short causes) (specify):
8. Trial representation (to be enswered for each party)
The party or parties will be represented at trial [__] by the attorney or party listed in the caption by the following:
a. Attomey:Michael G. Colantuono
b. Fim: Colantuono, Highsmith & Whatley, PC
ce Address:420 Sierra College Drive, Grass Valley, CA 95945-5091
d, Telephone number: (530) 432-7357 f. Faxnumber: (530) 432-7356
e, E-mail address: MColantuono@chwlaw.us g. Party represented: City of Half Moon Bay
[J Additional representation is described in Attachment 8,
9. Preference
This case is entitled to preference (specify code section): Code of Civil Procedure 1062.3
(declaratory relief action)
10. Alternative dispute resolution (ADR)
a. ADR information package. Piease note that different ADR processes are available in different courts and communities; read
the ADR information package provided by the court under rule 3,221 far information about the processes available through the
court and community programs in this case.
(1) For parties represented by counsel: Counsel has [_] hasnot 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 [__]| has not reviewed the ADR information package identified in rule 3.221.
b. Referral to judicial arbitration or civil action mediation (if available).
(1) [[7] This matter is subject to mandatory judicial arbitration under Code of Civil Procedure section 1144.11 or to civil action
mediation under Code of Civil Procedure section 1775.3 because the amount in controversy does 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) {] This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Court or from civil action
mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): Case includes
prayers for equitable relief that are not frivolous or insubstantial
CM AO Row. ly 1 258°] CASE MANAGEMENT STATEMENT Page 20f8CM-110
PLAINTIFF/PETITIONER: City of Half Moon Bay
DEFENDANT/RESPONDENT: Granada Community Services
District, et al.
CASE NUMBER:
17C0V316927
10. c. Indicate the ADR process or processes that the party ar parties are willing to participate in, have agreed to participate in, or
have already participated in (check aff that apply and provide the specified information):
processes (check all that apply): | stipulation):
The party or parties completing | if the 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 (affach a copy of the parties' ADR
[1 Mediation session not yet scheduled
Mediation session scheduled for (date): Jan. 17, 2019
(1) Mediation
[_] Agreed to complete mediation by (date):
Mediation completed on (date): sep. 6, 2018; Oct. 17, 2018
(_] Settlement conference not yet scheduled
(2) Settlement cS [__] Settlement conference scheduled for (date):
conference Agreed to complete settlement conference by (date):
[1] Settlement conference completed on (date):
Neutral evaiuation not yet scheduled
(2) Neutral evaluation scheduled for (date):
(3) Neutral evaluation E32
["] Agreed to complete neutral evaluation by (date):
{__] Neutral evaluation completed on (date):
[] Judicial arbitration not yet scheduled
(4) Nonbinding judicial J [*"] Judicial arbitration scheduled for (date):
arbitration [] Agreed to complete judicial arbitration by (date):
[) Judicial arbitration completed on (date):
[7] Private arbitration not yet scheduled
["] Private arbitration scheduled for (date):
(8) Binding private C4
arbitration ["] Agreed to complete private arbitration by (date):
[_] Private arbitration completed on (date):
[<7] ADR session not yet scheduled
[7] ADR session scheduled for (date):
(6) Other (specify): Co
[_] Agreed to complete ADR session by (date):
[J ADR compieted on (date):
OMeTHOTRev My 4, 2044] CASE MANAGEMENT STATEMENT
Page 3 of 5CM-140
PLAINTIFF/PETITIONER: City of Half Moon Bay CASE NUMBER:
| DEFENDANT/RESPONDENT: Granada Community Services District, |17c¢v316927
et al.
11. Insurance
a. [__] Insurance carrier, if any, for party filing this statement (name): N/A
b. Reservation of rights; []Yes [_] No
c. [__] Coverage issues will significantly affect resolution of this case (explain): N/A
12. Jurisdiction
Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status.
(_] Bankruptcy [_] other (specify): N/A.
Status:
13. Related cases, consolidation, and coordination
a. [_] There are companion, underlying, or related cases.
(1) Name of case: N/A
(2) Name of court: N/A
(3) Case number: N/A
(4) Status: N/A
[“] Additional cases are described in Attachment 13a.
b, [-] Amotionto [_] consolidate [__] coordinate will be filed by (name party):
14. Bifurcation
{2<_] 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): Montara or Granada may seek to
bifurcate the issue of whether the City of Half Moon Bay benefits from
the Intertie Pipeline System.
15. Other motions
The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): The
City of Half Moon Bay or other parties may seek to file: (1) a dispositive
motion and (2} motions in limine
16. Discovery
a. [__] The party or parties have completed ail discovery.
b. [2] The following discovery will be completed by the date specified (describe all anticipated discovery):
Party Description Date
Half Moon Bay An informal exchange of documents Ongoing
Half Moon Bay Written deposition questions, if Ongoing
necessary
Half Moon Bay Depositions, interrogatories, RFAs, Ongoing
if needed after informal discovery
c. L_] The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify): N/A
HATO Rov, say 1, 2074 CASE MANAGEMENT STATEMENT Page dorsCM-110
PLAINTIFF/PETITIONER: City of Half Moon Bay CASE NUMBER:
[ DEFENDANT/RESPONDENT: Granada Community Services District, |17CV316927
et al.
17. Economic litigation
a. [__] This is a limited civil case (i.e., the amount demanded is $25,000 or less) and the economic litigation procedures in Code
of Civil Procedure sections 90-98 will apply to this case.
b. This is a limited civil case and a motion to withdraw the case from the economic litigation procedures or for additional
discovery will be filed (if checked, explain specifically why economic litigation procedures relating to discovery or trial
should not apply to this case): N/A
18. Other issues
___| The party or parties request that the following additional matters be considered or determined at the case management
conference (specify): N/A
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 California Rules
of Court (if not, explain):
b. After meeting and conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the following
(specify):
20. Total number of pages attached (if any): O
| am completely familiar with this case and will be fully prepared to discuss the status of discovery and alternative dispute resolution,
as well as other issues raised by this statement, and will possess the authority to enter into stipulations on these issues at the time of
the case management conference, including the written authority of the party where required.
Date: \IS/ 19
Liliane H. waceoll > AL:
(TYPE OR RRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
>
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
_] Additional signatures are attached.
STR hy 4 2] CASE MANAGEMENT STATEMENT Page BotPROOF OF SERVICE
City of Half Moon Bay v. Granada Community Services District, et al.
Santa Clara County Superior Court Case No. 17CV316927
(formerly San Mateo County Superior Court Case No. 17CIV03092)
I, Ashley A. Lloyd, declare:
Tam employed in the County of Nevada, State of California. I am over the age of 18 and
not a party to the within action. My business address is 420 Sierra College Drive, Suite 140,
Grass Valley, California 95945-5091. On January 9, 2019, I served the document(s) described as
CASE MANAGEMENT STATMENT on the interested parties in this action addressed as
follows:
SEE ATTACHED LIST
BY MAIL: By placing a true copy thereof enclosed in a sealed envelope. The
envelope was mailed with postage thereon fully prepaid. I am readily familiar with the firm’s
practice of collection and processing correspondence for mailing. Under that practice it would
be deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid at
Grass Valley, California, in the ordinary course of business. I am aware that on motion of the
party served, service is presumed invalid if the postal cancellation date or postage meter date is
more than one day after service of deposit for mailing in affidavit.
I declare under penalty of perjury under the laws of the State of California that the above
is true and correct.
Executed on January 9, 2019, at Grass Valley, California.
Ashley A. Lloy.
195920.1SERVICE LIST
City of Half Moon Bay v. Granada Community Services District, et al.
Santa Clara County Superior Court Case No. 17CV316927
(formerly San Mateo County Superior Court Case No. 17CIV03092)
Jonathan Wittwer
William P. Parkin
Nicholas Whipps
Wittwer Parkin LLP
147 River Street South, Suite 221
Santa Cruz, CA 95060
Telephone: (831) 429-4055
Facsimile: (831) 429-4057
il: jonathan@wittwerparkin.com
Email: wparkin@wittwerparkin.com
Email: nwhipps@wittwerparkin.com
Attorneys for Defendant
Granada Community Services District
Christine C. Fitzgerald
Fitzgerald Law Offices
345 Lorton Avenue, Suite 301
Burlingame, CA 94010
Telephone: (650) 348-5195
Facsimile: (650) 239-1207
Email: fitzgeraldlaw@sbcglobal.net
Attorneys for Defendant
Montara Water and Sanitary District
Courtesy Copy:
Catherine C. Engberg
Shute, Mihaly & Weinberger, LLP
396 Hayes Street
San Francisco, CA 94102-4421
Telephone: (415) 552-7272 x250
Facsimile: (415) 552-5816
Email: cengberg@smwlaw.com
Attorneys for Plaintiff
City of Half Moon Bay
195920.1
David E. Schricker
Law Office of David E. Schricker
563 South Murphy Avenue
Sunnyvale, CA 94086
Telephone: (408) 517-9923
Facsimile: (408) 900-8225
Email: dschricker@schrickerlaw.com
Attorneys for Defendant
Montara Water and Sanitary District
Charles P.A. Nelson
Bold, Polisner, Maddow, Nelson & Judson
2125 Oak Grove Road, Suite 210
Walnut Creek, CA 94598
Telephone: (925) 933-7777
Facsimile: (925) 933-7804
Email: cnelson@bpmnj.com
Email: tryan@bpmnj.com
Email: cjudson@bpmnj.com
Email: snagle@bpmnj.com
Attorneys for Real Party in Interest
Sewer Authority Mid-Coastline