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  • TRANSFERRED TO SUPERIOR COURT COUNTY OF SACRAMENTO JCCP511702 Unlimited - Writ of Mandate document preview
  • TRANSFERRED TO SUPERIOR COURT COUNTY OF SACRAMENTO JCCP511702 Unlimited - Writ of Mandate document preview
  • TRANSFERRED TO SUPERIOR COURT COUNTY OF SACRAMENTO JCCP511702 Unlimited - Writ of Mandate document preview
  • TRANSFERRED TO SUPERIOR COURT COUNTY OF SACRAMENTO JCCP511702 Unlimited - Writ of Mandate document preview
  • TRANSFERRED TO SUPERIOR COURT COUNTY OF SACRAMENTO JCCP511702 Unlimited - Writ of Mandate document preview
  • TRANSFERRED TO SUPERIOR COURT COUNTY OF SACRAMENTO JCCP511702 Unlimited - Writ of Mandate document preview
  • TRANSFERRED TO SUPERIOR COURT COUNTY OF SACRAMENTO JCCP511702 Unlimited - Writ of Mandate document preview
  • TRANSFERRED TO SUPERIOR COURT COUNTY OF SACRAMENTO JCCP511702 Unlimited - Writ of Mandate document preview
						
                                

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JOSEPH P. BY RNE, GENERAL COUNSEL, Bar No. 190365 Exempt from filing fees J Byme@bbklaw.com to Gov. Code§ CHRISTOPHER M. PISANO, Bar No. 192831 6103 Christopher. Pisano@bbklaw.com CHARITY SCHILLER, Bar No. 234291 E-FILED Charity.Schiller@bbklaw.com. 9/4/2020 12:14 PM AMY HOYT, Bar No. 149789 Superior Court of California -Hoyt@bbklaw.com. County of Fresno Best Best & Kri LLP By: Louana Peterson, Deputy 3390 University Avenue, 5th Floor P.O. Box 1028 Riverside, Califomia 92502 Telephone: (951) 686-1450 Facsimile: (951) 686-3083 Attomeys for Petitioners/Plaintiffs STATE WATER CONTRACTORS and. SANTA CLARITA VALLEY WATER AGENCY 10 [Additional Counsel on Next Page] 11 SUPERIOR COURT OF CALIFORNIA 12 COUNTY OF FRESNO 13 14 STATE WATER CONTRACTORS, Case No. 20CECG01302 15 KERN COUNTY WATER AGENCY, Filed under Califomia Environmental Quality ANTELOPE VALLEY-EAST KERN Act (CEQA) 16 WATER AGENCY, CENTRAL COAST WATER AUTHORITY, DUDLEY ASSIGNED FOR ALL PURPOSES TO: 17 RIDGE WATER DISTRICT, COUNTY JUDGEJEFFREY Y. HAMILTON OF KINGS, OAK FLAT WATER, DEPARTMENT 54 18 DISTRICT, PALMDALE WATER DISTRICT, SANTA CLARITA VALLEY CASE MANAGEMENT CONFERENCE 19 WATER AGENCY, SAN GABRIEL STATEMENT VALLEY MUNICIPAL WATER 20 DISTRICT, and TULARE LAKE BASIN Date: 1st CMC September 16, 2020 WATER STORAGE DISTRICT; Time: 1:30pm 21 Dept. Conference Room 305 Petitioners/Plaintiffs, Location: B.F. Sisk Courthouse 22 Vv. Petition electronically filed: Apuil 28, 2020 23 STATE OF CALIFORNIA File-stamped date of Petition: May 4, 2020 First Amended Petition & 24. DEPARTMENT OF FISH AND Complaint filed: Aug. 7, 2020 WILDLIFE, STATE OF CALIFORNIA 25 DEPARTMENT OF WATER RESOURCES, and DOES 1 through 100, 26 Respondents/Defendants/ 27 Real Partiesin Interest. 28 27881.00029\33205091.2 CASE MANAGEMENT CONFERENCE STATEMENT ROES 1 through 100, Real Parties in Interest. at 10 wan 11 OBuieZ nu2ge weZzao0 OGUx 12 rw2oe2 Or Eos 30 gngea 13 bo nS ws Be 14 15 16 17 18 19 20 21 22 23 24. 25 26 27 28 27881.00029\33205091.2 -2- CASE MANAGEMENT CONFERENCE STATEMENT ADDITIONAL COUNSEL WILLIAM M. SLOAN, Bar No. 203583 WMsSloan@V enable.com CHELSEA E. O'SULLIVAN, Bar No. 308369 ceosullivan@V enable.com Venable LLP 101 Califomia Street, Suite 3800 San Francisco, CA 94111 Telephone: (415) 343-4490 Attomeys for PetitioneyPlaintiff STATE WATER CONTRACTORS AMELIA T. MINABERRIGARAI, GENERAL COUNSEL, Bar No. 192359 ameliam@kcwa.com KERN COUNTY WATER AGENCY at 10 3200 Rio Mirada Drive Bakersfield, CA 93308 wan OBuieZ 11 Telephone: (661) 634-1409 nu2ge weZzao0 OGUx 12 PAUL S. WEILAND, Bar No. 237058 rw2oe2 nossaman.com Or tog saaeoa 13 BENJAMIN Z. RUBIN, Bar No. 249630 bo nS brubin@nossaman.com ws Be 14 Nossaman LLP 18101 Von Karman Ave., Suite 1800 15 Irvine, CA 92612-0177 Telephone: (949) 833-7800 16 Attomeys for Plaintiff/Petitioner 17 KERN COUNTY WATER AGENCY 18 RICHARDS, WATSON & GERSHON 19 A Professional Corporation JAMES L. MARKMAN, Bar No. 43536 20 J aw.com B, TILDEN KIM, Bar No. 143937 21 tki aw.com, 350 South Grand Avenue, 37th Floor 22 Los A: les, Califomia 90071-3101 Telephone: (213) 626-8484. 23 Facsimile: (213) 626-0078 24. Attomeys for PetitionePlaintiff ANTELOPE VALLEY - EAST KERN WATER AGENCY 25 26 27 28 27881.00029\33205091.2 -3- CASE MANAGEMENT CONFERENCE STATEMENT STEPHANIE OSLER HASTINGS, Bar No. 186716 Email: bhfs.com BROWNSTEIN HYATT FARBER SCHRECK 1021 Anacapa Street, 2nd Floor Santa Barbara, Califomia 93101-2711 Telephone: (805) 963-7000 Facsimile: (805) 965-4333 Attomeys for Petitioner Plaintiff CENTRAL COAST WATER AUTHORITY Teese HUGHES, Bar No. 169375 kleinlaw.com JOHN. KOMAR, Bar No. 169662 jkomar@kleinlaw.com KLEIN DeNATALE GOLDNER 4550 Califomia Avenue, Second Floor at 10 Bakersfield, Califomia 93309 wan Telephone: (661) 485-2100 OBuieZ 11 nu2ge weZzao0 Attomeys for PetitioneyPlaintiff OGUx 12 DUDLEY RIDGE WATER DISTRICT rw2oe2 Or tog saaeoa 13 bo nS LEE BURDICK, COUNTY COUNSEL, Bar No. 157423 ws Be 14 Lee.Burdick@co.ki COUNTY OF KING OFFICE OF THE COUNTY COUNSEL 15 1400 W. Blvd., Law Building No. 4 Hanford, 13230 16 Telephone: (559) 852-2445 17 Attomeys for PetitioneyPlaintiff COUNTY OF KINGS 18 19 STEVEN M. TORIGIANIL, Bar No. 166773 storigiani@yor dri 20 ALANF. DOUD, Bar No. AG969 adoud@youngwooldridge.com 21 BREIT A. STROUD, Bar No. 301777 bstroud@yot dridge.com. 22 THE LAW OFFICES OF YOUNG WOOLDRIDGE, LLP 1800 30th Street, 4th Floor 23 Bakersfield, CA 93301 Te me: (661) 327-9661 24. Facsimile: (661) 327-0720 25 Attomeys for PetitioneyPlaintiff OAK FLAT WATER DISTRICT 26 27 28 27881.00029\33205091.2 -4- CASE MANAGEMENT CONFERENCE STATEMENT ERIC L. DUNN, Bar No. 176851 awattomeys.com. ALONDRA ESPINOSA, Bar No. 315095 aespinosa@awattol com, ALESHIRE & WY NDER, LLP 3880 Lemon Street, Suite 520 Riverside, CA 92501 Email: awatto! COM Telephone: (951) 241-7338 Facsimile: (951) 300-0985 Attomeys for PetitioneyPlaintiff PALMDALE WATER DISTRICT JAMES D. CIAMPA, Bar No. 162280 jciampa@l: lof.com LAGERLOF, LLP at 10 301 No. Lake Avenue, Suite 1000 Pasadena, CA 91101 wan OBuieZ 11 Telephone: (626) 793-9400 nu2ge weZzao0 Facsimile: (626) 793-5900 OGUx 12 rw2oe2 Attomeys for PetitioneyPlaintiff Or tog saaeoa 13 SAN GABRIEL VALLEY MUNICIPAL WATER DISTRICT bo nS ws Be 14 AUBREY A. MAURITSON, Bar No. 272055 15 amauritson@visalialaw.com MATTHEW T. AMARO, Bar No. 277777 16 isalialaw.com RUDDELL, STANTON, BIXLER, MAURITSON& EVANS, LLP 17 1102 N. Chinowth Street Visalia, CA 93291 18 Telephone: (559) 733-5770 19 Attomeys for PetitioneyPlaintiff TULARE LAKE BASIN WATER STORAGE DISTRICT 20 21 22 23 24. 25 26 27 28 27881.00029\33205091.2 -5- CASE MANAGEMENT CONFERENCE STATEMENT Petitioners and Plaintiffs State Water Contractors, Kem County Water Agency, Antelope Valley-East Kem Water Agency, Central Coast Water Authority, Dudley Ridge Water District, County of Kings, Oak Flat Water District, Palmdale Water District, Santa Clarita Valley Water Agency, San Gabriel Valley Municipal Water District, and Tulare Lake Basin Water Storage District (collectively, “Petitioners’) and Respondents, Defendants and Real Parties in Interest State of Califomia Department of Fish and Wildlife (“CDFW”) and State of Califomia Department of Water Resources (“DWR”) (together, “Respondents” and collectively with Petitioners, “Parties”) have met and conferred in combination with the petitioners and plaintiffs in two other related cases, and Petitioners submit the following Case Management Conference 10 Statement in accordance with the Fresno County Superior Court Local Rules, rule 2.11.2 and the 11 Califomia Rules of Court, rules 3.724 and 3.727. wussgs 12 Topics related to the First, Second and Third Causes of Action asserting violations of the ol 2oZ wea-6 oee Te 13 California Environmental Quality Act and the Califormia Endangered Species Act bwio5 Sere EwGo <0 Gag 14 1 Status of service upon or appearance by respondents and real parties in interest be Bz as 15 CDFW and DWR are named as Respondents, Defendants and Real Parties in Interest. 16 Because of the COVID-19 pandemic, Respondents were unable to accept personal service. 17 Instead, at Respondents’ request, Petitioners served Respondents with the original Verified 18 Petition for Writ of Mandate under the Notice of Acknowledgement procedure established in 19 Code of Civil Procedure section 415.30. Counsel for DWR and counsel for CDFW signed the 20 respective Notices of Acknowledgment on June 8, 2020. Subsequently, Petitioners also served 21 DWR and CDFW with the First Amended Petition for Writ of Mandate and Complaint (“First 22 Amended Petition’). Respondents agree that service is complete, and at this time Petitioners do 23 24. 1 Petitioners and Plaintiffs in the related cases The Metropolitan Water District of Southern California v. California Dept. of Fish and Wildlife, et al., Case No. 20CECG01347 and San 25 Bemardino Valley Municipal Water District v. California Dept. of Fish and Wildlife, et al., Case 26 No. 20CECG01556 simultaneously met and conferred with the Parties above. Thus, the issues and positions presented in this CMC Statement are substantially identical to those presented in the 27 CMC Statements that are being concurrently filed in those other two actions. Petitioners suggested the Parties file one or more joint statements, but Respondents declined. 28 27881.00029\33205091.2 -6- CASE MANAGEMENT CONFERENCE STATEMENT not anticipate naming any additional parties. The Parties have also entered into a stipulation agreeing to electronic service. 2. Status of the administrative records The three writ causes of action in the First Amended Petition relate to DWR and CDFW’s analysis of and approval of the State Water Project long term operations Refined Altemative 2b Project, and CDFW’s approval of an Incidental Take Permit goveming the potential take of listed species. Specifically, Petitioners allege that DWR violated the Califomia Environmental Quality Act (“CEQA”) when it approved the Refined Altemative 2b Project, and certified an Environmental Impact Report (“EIR”) without properly analyzing and mitigating environmental 10 impacts. Petitioners also assert that, acting as a CEQA “responsible agency,” CDFW then 11 violated CEQA by relying on that defective EIR and issuing an Incidental Take Permit under the wussgs 12 Califomia Endangered Species Act (“CESA”) that, itself, involved even further impacts that were ol 2oZ wea-6 oee Te 13 not analyzed. Petitioners also assert that CDFW’s issuance of the ITP violated the statutory bwio5 Sere EwGo <0 Gag 14 mandates of CESA. Because these three writ causes of action challenge separate approvals, by be Bz as 15 separate agencies, under separate laws, Petitioners anticipate that there will be at least three 16 administrative records necessary for the case. 17 Pursuant to Public Resources Code section 21167.6, subdivision (b)(2), Petitioners have 18 elected to prepare the CEQA administrative records, and the State Water Contractors in one of the 19 related cases has submitted requests under the Public Records Act to CDFW and DWR for the 20 records that comprise the administrative records. Respondents have informed State Water 21 Contractors that it will take until approximately March of 2021 to provide all of the 22 administrative record documents. Pursuant to this Court’s July 29, 2020 order, the current 23 deadline for the CEQA record's certification in this case is October 6, 2020, which is identical to 24. the deadline in the related The Metropolitan Water District of Southern California, et al. case. 25 However, given Respondents’ current assertions that more time will be needed for record 26 document production, the Parties may agree to extend this deadline further. 27 In addition to this action, seven other related cases have been filed in four different 28 superior courts, including three other cases in Fresno County Superior Court, two in San 27881.00029\33205091.2 -7- CASE MANAGEMENT CONFERENCE STATEMENT Francisco County Superior Court, one in Alameda County Superior Court, and one in Sacramento County Superior Court: e The Metropolitan Water District of Southern California, et al. v. Dept. of Fish & Wildlife, et al. - Fresno County Superior Court, Case No. 20CECG01347 e San Bernardino Valley Municipal Water District v. Dept. of Water Resources, et al. - Fresno County Superior Court, Case No. 20CECG01556 e Tehanw-Colusa Canal Authority, et al. v. Dept. of Water Resources, et al. - Fresno County Superior Court, Case No. 20CECG01303 e Central Delta Water Agency, et al. v. Dept. of Fish & Wildlife, et al. - Sacramento 10 County Superior Court, Case No. 34-2020-80003368-CU-WM-GDS 11 e North Coast Rivers Alliance, et al. v. Dept. of Water Resources, et al. - San wussgs 12 Francisco County Superior Court, Case No. CPF20517078 ol 2oZ wea-6 oee Te 13 e Sierra Club, et al. v. Dept. of Water Resources, et al. - San Francisco County bwio5 Sere EwGo <0 Gag 14 Superior Court, Case No. CPF20517120 be Bz as 15 e San Francisco Baykeeper, et al. v. DWR, et al- Alameda County Superior Court, 16 Case No. RG20063682 17 The petitioners in those other actions have similarly elected to prepare the administrative 18 records. Two Petitions for Coordination are currently pending before the Judicial Council to 19 coordinate the eight cases and have been assigned the following names and proceeding numbers: 20 (1) Tehama-Colusa Water Project Cases, JCCP 5116, and (2) CDWR Water Operations Cases, 21 JCCP 5117. No opposition to the coordination petitions have been filed, but the question of the 22 coordination venue is outstanding, with all four petitioner groups that filed in Fresno seeking 23 venue there, the respondent state agencies seeking venue in Sacramento, where one of the related 24. cases was filed, and the petitioners in San Francisco Baykpeper, et al. seeking coordination in 25 Alameda County Superior Court. At this time, no coordination motion judge has been assigned 26 and. no stay orders have been issued, 27 Petitioners anticipate that the eight actions will be coordinated, and that the collective 28 parties to those actions will meet and confer regarding the preparation of the records in order to 27881.00029\33205091.2 -8- CASE MANAGEMENT CONFERENCE STATEMENT avoid duplication of effort and to facilitate efficiency. 3. Status of settlement conference, and whether early settlement conference before assigned judge would be beneficial Pursuant to CEQA’s statutory mandate under Public Resources Code section 21167.8, the Parties participated in a settlement conference on July 23, 2020 in a good faith attempt to resolve the litigation. The Parties were unable to achieve settlement at that time, but are continuing to discuss potential settlement options. Given the statewide nature of the claims asserted in the lawsuit, the number of public agencies involved in this action, and the number of related actions that challenge DWR and. 10 CDFW’s approvals, the Parties do not believe that an early settlement conference before the 11 assigned judge would be beneficial. wussgs 12 4. Anticipated motions, including briefing schedule and proposed hearing dates ol 2oZ wea-6 oee Te 13 As noted above, two Petitions for Coordination are currently pending before the Judicial bwio5 Sere EwGo <0 Gag 14 Council. The Parties have also discussed the potential bifurcation of trial on the First, Second and. be Bz as 15 Third Causes of Action, which are writ claims, from the Fourth and Fifth Causes of Action, which 16 are not writ claims. However, at this early stage of the action, the Parties are still evaluating this 17 option. 18 The Parties do not currently anticipate filing any other early motions regarding the CESA 19 and CEQA claims, but Petitioners may consider bringing a motion for preliminary injunction if 20 circumstances warrant. 21 The Parties believe it is premature to set a briefing schedule on the merits of the CEQA and 22 CESA causes of action. The Parties propose that they meet and confer regarding a briefing 23 schedule once the administrative records have been certified. 24. 5, Setting of hearing/trial on the merits 25 Petitioners timely filed, and served notice of, a written request for a hearing on the CEQA 26 claims pursuant to Public Resources Code section 21167.4, subdivisions (a)-(b). However, the 27 Parties believe it is premature to set a hearing date on the merits of the CEQA and CESA causes 28 of action, given that the administrative records are not complete. 27881.00029\33205091.2 -9- CASE MANAGEMENT CONFERENCE STATEMENT 6. Necessity of further status If it pleases the Court, the Parties suggest that a further status hearing be scheduled in approximately 60 days. Topics related to all daims, induding the Fourth and Fifth Causes of Action asserting breach of contract and breach of the inplied covenant of good faith and fair dealing 1 Nature of the claims Plaintiffs Kem County Water Agency, Antelope Valley-East Kem Water Agency, Central Coast Water Authority, Dudley Ridge Water District, County of Kings, Oak Flat Water District, Palmdale Water District, Santa Clarita Valley Water Agency, San Gabriel Valley Municipal 10 Water District, and Tulare Lake Basin Water Storage District allege that DWR breached the long- 11 term weter supply contracts each entered with DWR to participate in the State Water Project, one wussgs 12 of the largest water supply projects in the United States. The Califomia State Water Project ol 2oZ wea-6 oee Te 13 (SWP) is a water storage and delivery system of reservoirs, aqueducts, power plants and pumping bwio5 Sere EwGo <0 Gag 14 Plants extending more than 700 miles—two-thirds the length of Califomia. Planned, constructed, be Bz as 15 and operated by DWR, the SWP is the nation’s largest state-built, multi-purpose, user-financed. 16 water project. It supplies water to more than 27 million people in northem Califomia, the Bay 17 Area, the San Joaquin Valley, the Central Coast and southem Califomia. SWP water also irrigates 18 about 750,000 acres of farmland, mainly in the San Joaquin Valley. Under their respective long- 19 tem contracts, the Plaintiffs (among a total of 29 public entities) fund all State Water Project 20 capital and operating costs associated with water storage and conveyance. Each Plaintiff is 21 obligated to pay capital and operations costs whether or not there is an allocation of State Water 22 Project Water in any given year. The long-term contracts require DWR to make all reasonable 23 efforts to perfect and protect water rights necessary for the system and for the satisfaction of 24. water supply commitments, and further require that DWR do so in a manner that is not “arbitrary, 25 capricious or unreasonable.” 26 Here, DWR breached these contractual obligations and the implied covenant of good faith 27 and fair dealing by agreeing to project modifications and mitigation in excess of that required by 28 law. Specifically, DWR modified its proposed project to sacrifice State Water Project water 27881.00029\33205091.2 -10- CASE MANAGEMENT CONFERENCE STATEMENT supplies and increase mitigation costs, first in its application for an Incidental Take Penmit, then again in the project it ultimately approved. Worse, it accepted an Incidental Take Permit issued by Respondent Califomia Department of Fish and Wildlife for the long-term operations of the State Water Project that violates or is otherwise inconsistent with the Califomia Endangered Species Act because it includes costly mitigation and other measures that, among other things, are umnecessary, disproportionate and/or infeasible to address potential environmental and species impacts associated with operation of the State Water Project, and will result in even lower State Water Project supplies. By breaching, DWR has unnecessarily and unreasonably increased State Water Project costs bome by Plaintiffs and other State Water Contractors while lowering its long- 10 term average supplies. 11 2. Related cases wussgs 12 ‘There are seven cases related to this action previously listed. ol 2oZ wea-6 oee Te 13 3. Service issues bwio5 Sere EwGo <0 Gag 14 As set forth above, service of the lawsuit is complete as to all parties. be Bz as 15 4. Additional parties or amendment of pleadings 16 At this time, the Petitioners do not anticipate further amending their First Amended 17 Petition or naming additional parties. 18 5, Any issues that may affect the court’s jurisdiction 19 As set forth above, there are two Petitions for Coordination currently pending before the 20 Judicial Council. At this time, no coordination motion judge has been assigned and no stay order 21 has been issued. 22 6. ‘Whether an early settlement conference would be beneficial 23 Asset forth above, the Parties participated in a settlement meeting in an attempt to resolve 24. the litigation, and will continue to discuss settlement. However, for the reasons set forth above, 25 Petitioners do not believe that an additional early settlement conference would be beneficial. 26 7. Date discovery will be completed 27 Unknown at present. This cannot be known until the pending coordination petitions have 28 been resolved. 27881.00029\33205091.2 -11- CASE MANAGEMENT CONFERENCE STATEMENT 8. Anticipated discovery issues Plaintiffs will conduct discovery and will work to make sure that all discovery is timely conducted. Defendant DWR has requested a stay in conjunction with its petition to coordinate the eight related cases. Plaintiffs have opposed in part, asking that any stay not apply to discovery or to filing of amended pleadings. In addition, Defendant DWR has indicated that it will demur to the fourth and fifth causes of action for breach of contract and breach of the implied covenant of good faith and fair dealing. 9. Bifurcation The Parties have discussed the potential bifurcation of trial on the First, Second and Third 10 Causes of Action, which are writ claims, from the Fourth and Fifth Causes of Action, which are 11 not writ claims. However, at this early stage of the action, the Parties are still evaluating this wussgs 12 option. ol 2oZ wea-6 oee Te 13 10. Cross-ol faints bwio5 Sere EwGo <0 Gag 14 None. be Bz as 15 11. Statutory preference 16 This action involves multiple claims under CEQA, which are given statutory preference 17 pursuant to Public Resources Code section 21167.1. 18 12. ury tial 19 Plaintiffs are demanding a jury and have paid the required fee. 20 13. Date case will be ready for trial 21 Unknown at present. This cannot be known until the pending coordination petitions have 22 been resolved. 23 14. Estimated| of trial 24. Unknown at present. This cannot be known until the pending coordination petitions have 25 been resolved. 26 15. Amount of inch itive 27 Unknown at present. Plaintiffs have not prayed for damages in their First Amended 28 Petition and Complaint, but reserve the right to do so by way of further amendment with leave of 27881.00029\33205091.2 -12- CASE MANAGEMENT CONFERENCE STATEMENT the court. 16. Additional relief sought Declaratory relief, injunctive relief and specific performance. 17. Availability of insurance coverage None. 18. Any other issues to be addressed in a case management order Respondents have indicated that they may be filing a demurrer on the contract causes of action, although they did not identify the basis for the potential demurrer. The Parties have not yet resolved whether any facts can be agreed to by stipulation. 10 Dated: September 3, 2020 BEST BEST & KRIEGER LLP 11 JOSEPHP. BY RNE, G COUNSEL wussgs 0828 gu =9 oee Te bwio5 Sere 12 13 By: OSEPH P. BY ll EwGo <0 Gag 14 CHRISTOP. PISANO be Bz as CHARITY SC 15 AMY HOYT Attomeys for Petitioners/Plaintiffs 16 STATE WATER CONTRACTORS and. SANTA CLARITA VALLEY WATER 17 AGENCY 18 Dated: NOSSAMAN LLP PAUL S. WEILAND 19 20 By: 21 AMELIA T. MINABERRIGARAI PAUL S WEILAND 22 BENJAMIN Z. RUBIN Attomeys for Petitioner/Plaintiff 23 KERN COUNTY WATER AGENCY 24. 25 26 27 28 27881.00029\33205091.2 -13- CASE MANAGEMENT CONFERENCE STATEMENT the court. 16. Additional relief sought Declaratory relief, injunctive relief and specific performance. 17. Availability of insurance coverage None. 18. Any other issues to be addressed in a case management order Respondents have indicated that they may be filing a demurrer on the contract causes of action, although they did not identify the basis for the potential demurrer. The Parties have not yet resolved whether any facts can be agreed to by stipulation. 10 Dated: BEST BEST & KRIEGER LLP 11 JOSEPH P. BYRNE, GENERAL COUNSEL wussgs 12 ol 2oZ wea-6 oee Te 13 By: bwio5 Sere OSEPH P. BY RNE EwGo <0 Gag 14 CHRISTOPHER M. PISANO be Bz as CHARITY SCHILLER 15 AMY HOYT Attomeys for Petitioners/Plaintiffs 16 STATE WATER CONTRACTORS and. SANTA CLARITA VALLEY WATER 17 AGENCY 18 Dated: September3, 2020 NOSSAMAN LLP PAUL S. WEILAND 19 20 . Fol L We “ff 21 AMELIA T. MINABERRIGARAI PAUL S WEILAND 22 BENJAMIN Z. RUBIN Attomeys for Petitioner/Plaintiff 23 KERN COUNTY WATER AGENCY 24. 25 26 27 28 27881.00029\33205091.2 -13- CASE MANAGEMENT CONFERENCE STATEMENT Dated: THE LAW OFFICES OF YOUNG WOOLDRIDGE, LLP B ‘STEVEN M. TORIGIANI ALAN F. DOUD BRETT A. STROUD Attomeys for Petitioner/Plaintiff OAK FLAT WATER DISTRICT Dated: September 3, 2020 ALESHIRE & WY NDER, LLP py oOo eh ERIC L. DUNN ALONDRA ESPINOSA 10 Attomeys for Petitioner/Plaintiff PALMDALE WATER DISTRICT oe 1 az ae Dated: LAGERLOF, LLP wei OR sod 12 AGIA BEZSO Bae ESS 13 52sas aad B REO 14 "AMES D. CIAMPA 22 Baa Hee Attomeys for Petitioner/Plaintiff Be 15 SAN GABRIEL VALLEY MUNICIPAL °3 WATER DISTRICT 16 17 Dated: RUDDELL, STANTON, BIXLER, MAURITSON & EVANS, LLP 18 AUBREY A. MAURITSON, GENERAL COUNSEL 19 20 B 21 “AUBREY A. MAURITSON MATTHEW T. AMARO 22 Attorneys for Petitioner/Plaintiff TULARE LAKE BASIN WATER 23 STORAGE DISTRICT 24 25 26 27 28 27881.00029\33205091.2 -15- CASE MANAGEMENT CONFERENCE STATEMENT Dated: Cepia 52020 RICHARDS, WATSON & GERSHON B. TILDEN KIM Attorneys for Petitioner/Plaintiff ANTELOPE VALLEY — EAST KERN WATER AGENCY Dated: BROWNSTEIN HYATT FARBER SCHRECK 10 B ‘STEPHANIE OSLER HASTINGS 11 Attorneys for Petitioner/Plaintiff me 35 CENTRAL COAST WATER AUTHORITY OR Bio 12 gp BES Dated: KLEIN DeNATALE GOLDNER geey 13 OnHAO eee 14 ga ga B Be BZ 15 ‘JOSEPH HUGHES JOHN V. KOMAR 16 Attorneys for Petitioner/Plaintiff DUDLEY RIDGE WATER DISTRICT 17 Dated: COUNTY OF KINGS, OFFICE OF THE 18 COUNTY COUNSEL 19 20 B TEE BURDICK 21 Attorneys for Petitioner/Plaintiff COUNTY OF KINGS 22 23 24 25 26 27 28 27881.00029\33205091.2 -14- CASE MANAGEMENT CONFERENCE STATEMENT 27881.00029\33242426.1 Dated: RICHARDS, WATSON & GERSHON By: JAMES L. MARKMAN B. TILDEN KIM Attorneys for Petitioner/Plaintiff ANTELOPE VALLEY - EAST KERN WATER AGENCY Dated: September3, 2020 BROWNSTEIN HYATT FARB oT SCHRECK at AL 10 ll wr STEPHAI plat OSLER HASTINGS Attormeys for Petitioner/Plaintiff CENTRAL COAST WATER AUTHORITY Sg WS DAS yusodg 12 Zuse Dated: KLEIN DeNATALE GOLDNER NSX5 13 O%. XO2 og 3h JOHN V. KOMAR 16 Attorneys for Petitioner/Plaintiff DUDLEY RIDGE WATER DISTRICT 17 Dated. COUNTY OF KINGS, OFFICE OF THE 18 COUNTY COUNSEL 19 20 By: LEE BURDICK 21 Attorneys for Petitioner/Plaintiff COUNTY OF KINGS 22 23 24 25 26 27 28 27881.00029\33205091.2 -14- CASE MANAGEMENT CONFERENCE STATEMENT Dated: RICHARDS, WATSON & GERSHON By: JAMES L. MARKMAN B. TILDEN KIM Attol for Petitioner/Plaintiff ANTELOPE VALLEY - EAST KERN WATER AGENCY Dated: BROWNSTEIN HY ATT FARBER SCHRECK 10 By: STEPHANIE OSLER HASTINGS 11 Attomeys for Petitioner/Plaintiff CENTRAL COAST WATER AUTHORITY wussgs 12 0828 gu Dated: September3, 2020 KLEIN DeNATALE GOLDNER =9 oee Te bwio5 13 Sere EwGo <0 Gag 14 be Bz as 15 By: HUGHES V. KOMAR 16 for Petitioner/Plaintiff DUDLEY RIDGE WATER DISTRICT 17 Dated: COUNTY OF KINGS, OFFICE OF THE 18 COUNTY COUNSEL 19 20 B TEE BURDICK 21 Attomeys for PetitioneyPlaintiff COUNTY OF KINGS 22 23 24. 25 26 27 28 27881.00029\33205091.2 -14- CASE MANAGEMENT CONFERENCE STATEMENT Dated: RICHARDS, WATSON & GERSHON By: JAMES L. MARKMAN B. TILDEN KIM Attorneys for Petitioner/Plaintiff ANTELOPE VALLEY — EAST KERN WATER AGENCY Dated: BROWNSTEIN HYATT FARBER SCHRECK 10 B “STEPHANIE OSLER HASTINGS ao 11 Attorneys for Petitioner/Plaintiff ne in CENTRAL COAST WATER AUTHORITY 95 tok aSDag 12 BEZOS ee Dated: KLEIN DeNATALE GOLDNER, ZSx_R ae JAMES D. CIAMPA 15 me Attorneys for Petitioner/Plaintiff 16 SAN GABRIEL VALLEY MUNICIPAL WATER DISTRICT 17 Dated: RUDDELL, STANTON, BIXLER, 18 MAURITSON & EVANS, LLP 19 AUBREY A. MAURITSON, GENERAL COUNSEL 20 21 By: 22 AUBREY A. MAURITSON MATTHEW T. AMARO 23 Attorneys for Petitioner/Plaintiff TULARE LAKE BASIN WATER 24 STORAGE DISTRICT 25 26