The above-entitled action comes on for hearing before the Honorable Thomas E. Kuhnle 21 on November 2, 2018, at 9:00 a.m. in Department 5. The Court now issues its tentative ruling as 22 follows:

23 I. INTRODUCTION

24 Plaintiffs Raymond and Michelle Plata (together, “Plaintiffs”) have brought this class 25 action against defendant City of San Jose (“Defendant” or “the City”), which owns and operates 26 the San Jose Municipal Water System (“Muni Water”). (Amended and Supplemental Complaint 27 for Refund, Declaratory Relief, and Injunctive Relief (“FAC”), ¶ 1.) Muni Water is the 28 exclusive water utility for approximately 10 percent of the population of San Jose. (FAC, ¶ 7.)

TENTATIVE RULING RE: MOTION FOR ATTORNEYS’ FEES; MOTION TO STRIKE OR TAX COSTS; MOTION TO STRIKE OR TAX COSTS

1 Plaintiffs allege that, since 1997, the City has used and transferred Muni Water funds for 2 purposes other than those for which the funds were collected, in violation of Proposition 218. 3 (FAC, ¶¶ 10