Motion,Ex Parte: CALIFORNIA SPORTFISHING PROTECTION ALLIANCE vs SAN LUIS & DELTAMENDOTA WATER AUTHORITY

• 
• 
• 
• 

						
                                
Preview
                                SUPERIOR       COURT     0F   CALIFORNIA,         COUNTY     OF   STANISLAUS

                        CALIFORNIA        SPORTFISHING                                   SAN    LUIS    &   DELTA    MENDOTA
                           PROTECTION        ALLIANCE                     vs              WAIER     AUTHORITY,         et   a1.
                                  Petitioner                                                         Defendant
             NATURE     0F  HEARING:      a)  PLAINTIFF'S       MOTION     FOR   LEAVE    TO  FILE    SECOND    AMENDED      COMPLAINT
             FOR   REVERSE     VALIDATION;       b)   PLAINTIFF'S       MOTION    FOR   STAY    OF  PROCEEDINGS;        C)   DEFENDANTS
             MOTION     TO  SEVER    GRASSLAND      GROUNDWATER       SUSTAINABILITY         PLAN   CLAIMS;      d)  DEFENDANTS'
             MOTION     FOR   SEPARATE     TRIAL;     E)  DEFENDANT      ALISO    WATER    DISTRICT      GROUNDWATER
             SUSTAINABILITY         AGENCY’S     MOTION     TO  CHANGE     VENUE;      f)  DEFENDANT       FARMERS     WATER    DISTRICT
             GROUNDWATER       SUSTAINABILITY         AGENCY'S     JOINT    MOTION     TO  SEVER    AND/0R     TO  TRANSFER      AND
             CHANGE     VENUE;    g)   DEFENDANT      COUNTY    OF   FRESNO’S     MOTION     TO  SEVER    AND   TRANSFER      ACTION
             INVOLVING      THE   VALIDITY      OF  THE   GROUNDWATER       SUSTAINABILITY         FOR   FRESNO    COUNTY     MANAGEMENT
             AREA   A  AND   MANAGEMENT       AREA    B  (CODE    CIV.   PROC.    1048(3),      396(A);     h)   DEFENDANT'S      MOTION
             TO   TRANSFER     OF  VENUE;     and   i)   DEFENDANTS'       JOINT    MOTION    TO   TRANSFER     ACTION     TO   MERCED
             COUNTY     PURSUANT     TO  WATER     CODE   10726.6     AND   3963    OR  IN   THE   ALTERNATIVE,        TO  NEUTRAL
             COUNTY     PURSUANT     TO   CCP   394

                                                                                              CASE    NO.:        CV-20-001748
             JUDGE:        STACY     SPEILLER                    Bailiff:       J.   Mendoza                  Date:     09/24/2020
             Clerk:        P.   Teixeira                         Reporter:        S.   Eastman                Modesto,       California

             All   parties     appearing      via   CourtCall      as   follows:
             Plaintiff:
             CALIFORNIA       SPORTFISHING       PROTECTION       ALLIANCE     is   present     by  Thomas     Lippe,     Esq.

              Defendant(s):
             ALISO    WATER    DISTRICT     GROUNDWATER        SUSTAINABILITY        AGENCY     and   WIDREN    WATER     DISTRICT
             GROUNDWATER       SUSTAINABILITY        AGENCY     are   present     by   Valerie     Kincaid,     Esq.;
             CENTRAL     DELTA    MENDOTA     GROUNDWATER       SUSTAINABILITY         AGENCY    is   present     by
             Joseph    Marchini,      Esq.;
             CITY   OF   DOS   PALOS    and   TURNER     ISLAND    WATER    DISTRICT      GROUNDWATER       SUSTAINABILITY        AGENCY
             2  are   present     by  Edward     Amaral,     Esq.;
             CITY   OF   FIREBAUGH      GROUNDWATER       SUSTAINABILITY         AGENCY    is   present     by  Wesley     Carlson,      Esq.;
             CITY   OF   CUSTINE     GROUNDWATER       SUSTAINABILITY        AGENCY     is   present     by  Gene    Tanaka,     Esq.;
             CITY   OF   LOST   BANOS    GROUNDWATER        SUSTAINABILITY        AGENCY     is  present     by   William     Vaughn,     Esq.;
             CITY    OF  NEWMAN    GROUNDWATER        SUSTAINABILITY        AGENCY     and   CITY   OF   PATTERSON      GROUNDWATER
             SUSTAINABILITY        AGENCY     are   present     by   Barbara     Brenner,     Esq.;
             COUTY    OF   FRESNO    is  present      by  Kyle    Roberson,      Esq.;
             COUNTY    OF   MADERA    GROUNDWATER        SUSTAINABILITY        AGENCY     is  present     by   Michael     Linden,     Esq.;
             COUNTY    OF   MERCED     is  present      by  Jeanie     Highiet,     Esq.;
             GRASSLAND      GROUNDWATER       SUSTAINABILITY         AGENCY,     GRASSLAND      RESOURCE     CONSERVATION
             DISTRICT      and  GRASSLAND      WATER     DISTRICT     are   present     by   Ellen    Wehr,    Esq.;
              PATTERSON      IRRIGATION       DISTRICT     is  present     by   Stephanie      Sakai,     Esq.;    and


             MINUTE ORDER — CV—20-001748                                                                                            Page 1
             SAN   JOAQUIN     RIVER    EXCHANGE      CONTRACTORS       GROUNDWATER       SUSTAINABILITY         AGENCY    is   present
             by  Andrew     McClure,      Esq.

             There    being    a  request     for   hearing     by   Defendant(s)       SAN   JOAQUIN     RIVER    EXCHANGE
             CONTRACTORS       GROUNDWATER       SUSTAINABILITY         AGENCY    and   ALISO    WATER    DISTRICT      GROUNDWATER
             SUSTAINABILITY        AGENCY     and   upon    conclusion      of   oral   argument,      the   Court    ruled     as
              follows:
             a)   Plaintiff's       Motion    for   Leave    to   File   Second     Amended     Complaint      for   Reverse
             Validation;       b)   Plaintiff’s       Motion    for   Stay    of  Proceedings;        c)   Defendants      Motion     to
             Sever    Grassland.Groundwater            Sustainability         Plan   Claims;     d)   Defendants'       Motion     for
             Separate      Trial;    e)   Defendant      Aliso    Water    District     Groundwater       Sustainability
             Agency’s      Motion    to   Change    Venue;      f)   Defendant      Farmers     Water    District      Groundwater
             Sustainability         Agency’s     Joint    Motion     to  Sever    and/or     to  Transfer      and   Change     Venue;
             g)   Defendant      County    of   Fresno's     Motion     to  Sever    and   Transfer      Action     Involving      the
             Validity      of  the   Groundwater       Sustainability         for   Fresno    County     Management       Area   A  and
             Management       Area   B   (Code   Civ.    Proc.    1048(3),     396(A);     h)   Defendant's       Motion     to
             Transfer      of  Venue;     and   i)  Defendants'       Joint    Motion     to  Transfer      Action     to  Merced
             County     Pursuant     to   Water    Code   10726.6     and   396B    or  in   the   Alternative,        to  Neutral
             County     Pursuant     to   CCP   394   —
                                                         a)  —
                                                                i)   are   CONTINUED,      on   the   Court’s     own   motion,     to
             October     8,   2020,    at  8:30    a.m.   in   Department      22.




              MINUTE ORDER - CV—20-001748                                                                                            Page 2