On January 01, 1900 a
Court Notice
was filed
involving a dispute between
James Irrigation District,
and
Burrell Ditch Company,
Clark'S Fork Reclamation District No. 2069,
Corcoran Irrigation Company,
Crescent Canal Company,
Empire West Side Irrigation District,
Haugen, Steve,
John Heinlen Mutual Water Company,
Kings River Water Association,
Laguna Irrigation District,
Last Chance Water Ditch Company,
Lemoore Canal & Irrigation Company,
Liberty Canal Company,
Liberty Mill Race Company,
Lovelace Water Corporation,
Peoples Ditch Company,
Reed Ditch Company,
Riverdale Irrigation District,
Southeast Lake Water Company,
Stinson Canal & Irrigation Company,
Stratford Irrigation District,
Tranquillity Irrigation District,
Tulare Lake Basin Water Storage District,
Tulare Lake Canal Company,
Tulare Lake Reclamation District No. 761,
Upper San Jose Water Company,
for 06 Unlimited - Breach of Contract/Warranty
in the District Court of Fresno County.
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1 Ryan S. Bezerra, #178048
Holly J. Jacobson #281839
2 Brittany N. Brace, #325670
Bartkiewicz Kronick & Shanahan
3 A Professional Corporation
1011 Twenty-Second Street
4 Sacramento, California 95816-4907
Telephone: (916) 446-4254
5 Facsimile: (916) 446-4018
E-Mail: rsb@bkslawfirm.com
6
McCormick, Barstow, Sheppard,
7 Wayte & Carruth LLP
Christopher S. Hall, #203901
8 christopher.hall@mccormickbarstow.com
Ben Nicholson, #239893
9 ben.nicholson@mccormickbarstow.com
7647 North Fresno Street
10 Fresno, California 93720 RECEIVED
Telephone: (559) 433-1300 9/25/2020 5:58 PM
11 Facsimile: (559) 433-2300 FRESNO COUNTY SUPERIOR COURT
By: K. Daves, Deputy
12 Attorneys for Plaintiff JAMES IRRIGATION
DISTRICT
13
SUPERIOR COURT OF THE STATE OF CALIFORNIA
14
COUNTY OF FRESNO
15
16
JAMES IRRIGATION DISTRICT, Case No. 19CECG00769
17
Plaintiff, [PROPOSED] ORDER GRANTING
18 PLAINTIFF’S MOTION FOR LEAVE TO
v. FILE A FIRST AMENDED COMPLAINT
19 AND MOTION TO BIFURCATE
KINGS RIVER WATER ASSOCIATION;
20 STEVE HAUGEN, solely in his official Judge: Hon. Kristi Culver Kapetan
capacity as Kings River Water Master; Date: October 21, 2020
21 BURRELL DITCH COMPANY; Time: 3:30 p.m.
LOVELACE WATER CORPORATION (fka Dept.: 403
22 CIRCLE “L” FARMS); CLARK’S FORK
RECLAMATION DISTRICT NO. 2069;
23 TULARE LAKE RECLAMATION
DISTRICT NO. 761 (aka COHN CENTRAL
24 CONSOLIDATED DISTRICT NO. 761);
CORCORAN IRRIGATION COMPANY; Assigned for All Purposes to:
25 CRESCENT CANAL COMPANY; EMPIRE Hon. Kristi Culver Kapetan
WEST SIDE IRRIGATION DISTRICT;
26 JOHN HEINLEN MUTUAL WATER
COMPANY; LAGUNA IRRIGATION Action Filed: March 1, 2019
27 DISTRICT; LAST CHANCE WATER Trial Date: December 7, 2020
DITCH COMPANY; LEMOORE CANAL &
28 IRRIGATION COMPANY; LIBERTY
CANAL COMPANY; LIBERTY MILL
MCCORMICK, BARSTOW ,
SHEPPARD, W AYTE &
1
CARRUTH LLP [PROPOSED] ORDER GRANTING PLAINTIFF’S MOTION FOR LEAVE TO FILE A FIRST AMENDED
7647 NORTH FRESNO STREET
FRESNO, CA 93720 COMPLAINT AND MOTION TO BIFURCATE
1 RACE COMPANY; PEOPLES DITCH
COMPANY; REED DITCH COMPANY;
2 RIVERDALE IRRIGATION DISTRICT;
SOUTHEAST LAKE WATER COMPANY;
3 STINSON CANAL & IRRIGATION
COMPANY; STRATFORD IRRIGATION
4 DISTRICT; TRANQUILLITY IRRIGATION
DISTRICT; TULARE LAKE BASIN
5 WATER STORAGE DISTRICT; TULARE
LAKE CANAL COMPANY; UPPER SAN
6 JOSE WATER COMPANY; and DOES 1 to
100, inclusive,
7
Defendants.
8
9
10 Plaintiff JAMES IRRIGATION DISTRICT’s Motion for Leave to File a First Amended
11 Complaint and Motion to Bifurcate (“the Motions”) came on for hearing on October 21, 2020 at
12 3:30 p.m. in Department 403 of this Court. All appearances were stated on the record.
13 Upon review of the papers and declarations in support of said Motions, as well as oral
14 argument presented at the hearing, and any oppositions, the Court finds as follows:
15 Motion to File First Amended Complaint
16 1. Plaintiff’s Motion to File a First Amended Complaint if GRANTED.
17 2. The First Amended Complaint is deemed filed this date and served on all parties.
18
19 Motion to Bifurcate
20 1. Plaintiff’s Motion to Bifurcate is GRANTED.
21 2. A bench trial will be heard on the following issues:
22 (a) The proper interpretation of Paragraph 10 and Exhibit A to the 1963 Lower
23 River Agreement;
24 (b) Plaintiff’s declaratory relief cause of action.
25 The bench trial on the above issues will be held on ______ at _____ a.m. The anticipated
26 length of the trial is no longer than _____ court days.
27 Trial briefs and exhibits for the first phase of trial will be filed and exchange by
28 _____________________.
MCCORMICK, BARSTOW ,
SHEPPARD, W AYTE &
2
CARRUTH LLP [PROPOSED] ORDER GRANTING PLAINTIFF’S MOTION FOR LEAVE TO FILE A FIRST AMENDED
7647 NORTH FRESNO STREET
FRESNO, CA 93720 COMPLAINT AND MOTION TO BIFURCATE
1 To allow the parties sufficient time to subpoena witnesses, prepare and file motions in limine
2 as necessary, and otherwise prepare for the jury trial after receipt of the Court’s ruling on the above
3 issues, the jury trial phase of this action, if necessary following the Court’s ruling in the Bench trial,
4 will commence on _______________________ at _______ a.m.
5 IT IS SO ORDERED.
6
7
8
9
Dated: _____________, 2020 By:
10 Judge of the Superior Court
037795-000000 7120083.1
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20
21
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25
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27
28
MCCORMICK, BARSTOW ,
SHEPPARD, W AYTE &
3
CARRUTH LLP [PROPOSED] ORDER GRANTING PLAINTIFF’S MOTION FOR LEAVE TO FILE A FIRST AMENDED
7647 NORTH FRESNO STREET
FRESNO, CA 93720 COMPLAINT AND MOTION TO BIFURCATE
Document Filed Date
September 25, 2020
Case Filing Date
January 01, 1900
Category
06 Unlimited - Breach of Contract/Warranty
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1 Ryan S. Bezerra, #178048 Holly J. Jacobson #281839 2 Brittany N. Brace, #325670 Bartkiewicz Kronick & Shanahan 3 A Professional Corporation 1011 Twenty-Second Street 4 Sacramento, California 95816-4907 Telephone: (916) 446-4254 5 Facsimile: (916) 446-4018 E-Mail: rsb@bkslawfirm.com 6 McCormick, Barstow, Sheppard, 7 Wayte & Carruth LLP Christopher S. Hall, #203901 8 christopher.hall@mccormickbarstow.com Ben Nicholson, #239893 9 ben.nicholson@mccormickbarstow.com 7647 North Fresno Street 10 Fresno, California 93720 RECEIVED Telephone: (559) 433-1300 9/25/2020 5:58 PM 11 Facsimile: (559) 433-2300 FRESNO COUNTY SUPERIOR COURT By: K. Daves, Deputy 12 Attorneys for Plaintiff JAMES IRRIGATION DISTRICT 13 SUPERIOR COURT OF THE STATE OF CALIFORNIA 14 COUNTY OF FRESNO 15 16 JAMES IRRIGATION DISTRICT, Case No. 19CECG00769 17 Plaintiff, [PROPOSED] ORDER GRANTING 18 PLAINTIFF’S MOTION FOR LEAVE TO v. FILE A FIRST AMENDED COMPLAINT 19 AND MOTION TO BIFURCATE KINGS RIVER WATER ASSOCIATION; 20 STEVE HAUGEN, solely in his official Judge: Hon. Kristi Culver Kapetan capacity as Kings River Water Master; Date: October 21, 2020 21 BURRELL DITCH COMPANY; Time: 3:30 p.m. LOVELACE WATER CORPORATION (fka Dept.: 403 22 CIRCLE “L” FARMS); CLARK’S FORK RECLAMATION DISTRICT NO. 2069; 23 TULARE LAKE RECLAMATION DISTRICT NO. 761 (aka COHN CENTRAL 24 CONSOLIDATED DISTRICT NO. 761); CORCORAN IRRIGATION COMPANY; Assigned for All Purposes to: 25 CRESCENT CANAL COMPANY; EMPIRE Hon. Kristi Culver Kapetan WEST SIDE IRRIGATION DISTRICT; 26 JOHN HEINLEN MUTUAL WATER COMPANY; LAGUNA IRRIGATION Action Filed: March 1, 2019 27 DISTRICT; LAST CHANCE WATER Trial Date: December 7, 2020 DITCH COMPANY; LEMOORE CANAL & 28 IRRIGATION COMPANY; LIBERTY CANAL COMPANY; LIBERTY MILL MCCORMICK, BARSTOW , SHEPPARD, W AYTE & 1 CARRUTH LLP [PROPOSED] ORDER GRANTING PLAINTIFF’S MOTION FOR LEAVE TO FILE A FIRST AMENDED 7647 NORTH FRESNO STREET FRESNO, CA 93720 COMPLAINT AND MOTION TO BIFURCATE 1 RACE COMPANY; PEOPLES DITCH COMPANY; REED DITCH COMPANY; 2 RIVERDALE IRRIGATION DISTRICT; SOUTHEAST LAKE WATER COMPANY; 3 STINSON CANAL & IRRIGATION COMPANY; STRATFORD IRRIGATION 4 DISTRICT; TRANQUILLITY IRRIGATION DISTRICT; TULARE LAKE BASIN 5 WATER STORAGE DISTRICT; TULARE LAKE CANAL COMPANY; UPPER SAN 6 JOSE WATER COMPANY; and DOES 1 to 100, inclusive, 7 Defendants. 8 9 10 Plaintiff JAMES IRRIGATION DISTRICT’s Motion for Leave to File a First Amended 11 Complaint and Motion to Bifurcate (“the Motions”) came on for hearing on October 21, 2020 at 12 3:30 p.m. in Department 403 of this Court. All appearances were stated on the record. 13 Upon review of the papers and declarations in support of said Motions, as well as oral 14 argument presented at the hearing, and any oppositions, the Court finds as follows: 15 Motion to File First Amended Complaint 16 1. Plaintiff’s Motion to File a First Amended Complaint if GRANTED. 17 2. The First Amended Complaint is deemed filed this date and served on all parties. 18 19 Motion to Bifurcate 20 1. Plaintiff’s Motion to Bifurcate is GRANTED. 21 2. A bench trial will be heard on the following issues: 22 (a) The proper interpretation of Paragraph 10 and Exhibit A to the 1963 Lower 23 River Agreement; 24 (b) Plaintiff’s declaratory relief cause of action. 25 The bench trial on the above issues will be held on ______ at _____ a.m. The anticipated 26 length of the trial is no longer than _____ court days. 27 Trial briefs and exhibits for the first phase of trial will be filed and exchange by 28 _____________________. MCCORMICK, BARSTOW , SHEPPARD, W AYTE & 2 CARRUTH LLP [PROPOSED] ORDER GRANTING PLAINTIFF’S MOTION FOR LEAVE TO FILE A FIRST AMENDED 7647 NORTH FRESNO STREET FRESNO, CA 93720 COMPLAINT AND MOTION TO BIFURCATE 1 To allow the parties sufficient time to subpoena witnesses, prepare and file motions in limine 2 as necessary, and otherwise prepare for the jury trial after receipt of the Court’s ruling on the above 3 issues, the jury trial phase of this action, if necessary following the Court’s ruling in the Bench trial, 4 will commence on _______________________ at _______ a.m. 5 IT IS SO ORDERED. 6 7 8 9 Dated: _____________, 2020 By: 10 Judge of the Superior Court 037795-000000 7120083.1 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MCCORMICK, BARSTOW , SHEPPARD, W AYTE & 3 CARRUTH LLP [PROPOSED] ORDER GRANTING PLAINTIFF’S MOTION FOR LEAVE TO FILE A FIRST AMENDED 7647 NORTH FRESNO STREET FRESNO, CA 93720 COMPLAINT AND MOTION TO BIFURCATE