This case was last updated from San Francisco County Superior Courts on 04/13/2016 at 05:31:29 (UTC).

CALIFORNIA-AMERICAN WATER COMPANY, A CALIFORNIA CO VS. MARINA COAST WATER DISTRICT et al

Case Summary

On 01/29/2013 CALIFORNIA-AMERICAN WATER COMPANY, A CALIFORNIA CO filed an Other lawsuit against MARINA COAST WATER DISTRICT. This case was filed in San Francisco County Superior Courts, Civic Center Courthouse located in San Francisco, California. The case status is Not Classified By Court.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******8312

  • Filing Date:

    01/29/2013

  • Case Status:

    Not Classified By Court

  • Case Type:

    Other

  • Court:

    San Francisco County Superior Courts

  • Courthouse:

    Civic Center Courthouse

  • County, State:

    San Francisco, California

 

Party Details

Plaintiffs, Respondents and Cross Defendants

CALIFORNIA-AMERICAN WATER COMPANY, A CALIFORNIA CORPORATION

MONTEREY COUNTY WATER RESOURCES AGENCY

ROES 1 THROUGH 50, INCLUSIVE

ZOES 1 THROUGH 10, INCLUSIVE

Defendants, Appellants and Cross Plaintiffs

MARINA COAST WATER DISTRICT

MONTEREY COUNTY WATER RESOURCES AGENCY

DOES 1 THROUGH 10, INCLUSIVE

Attorney/Law Firm Details

Plaintiff, Respondent, Cross Defendant, Defendant, Appellant and Cross Plaintiff Attorneys

MOORE, ROBERT RORY

Attorney at ALLEN MATKINS LECK GAMBLE MALLORY & NATSIS LLP

Three Embarcadero Center, 12Th Floor

San Francisco, CA 94111-4074

WASSER, MARK A

Attorney at LAW OFFICES OF MARK A. WASSER

400 Capitol Mall, Suite 2640

Sacramento, CA 95814

MARKMAN, JAMES L.

Attorney at RICHARDS, WATSON & GERSHON

355 South Grand Avenue, 40Th Floor

Los Angeles, CA 90071-3101

FOGELMAN, MARK

Attorney at FRIEDMAN & SPRINGWATER LLP

350 Sansome Street, Suite 210

San Francisco, CA 94104

MCKEE, CHARLES JOSEPH

Attorney at OFFICE OF THE COUNTY COUNSELCOUNTY OF MONTEREY

168 West Alisal Street, 3Rd Fl

Salinas, CA 93901

FOGELMAN MARK

MCKEE CHARLES J

WASSER MARK A

 

Court Documents

NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT AND SUMMARY ADJUDICATION

MOTION FOR SUMMARY JUDGMENT AND SUMMARY ADJUDICATION (TRANSACTION ID # 54358937) FILED BY DEFENDANT MARINA COAST WATER DISTRICT HEARING SET FOR DEC-27-2013 AT 09:00 AM IN DEPT 304 (Fee:EXEMPT)

MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MARINA COAST WATER DISTRICTS MOTION FOR SUMMARY JUDGMENT AND SUMMARY ADJUDICATION

MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MARINA COAST WATER DISTRICTS MOTION FOR SUMMARY JUDGMENT AND SUMMARY ADJUDICATION (TRANSACTION ID # 54358937) FILED BY DEFENDANT MARINA COAST WATER DISTRICT

MARINA COAST WATER DISTRICTS SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT AND SUMMARY ADJUDICATION

SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT AND SUMMARY ADJUDICATION (TRANSACTION ID # 54358937) FILED BY DEFENDANT MARINA COAST WATER DISTRICT

DECLARATION OF MARK FOGELMAN FILED IN SUPPORT OF MARINA COAST WATER DISTRICTS MOTION FOR SUMMARY JUDGMENT AND SUMMARY ADJUDICATION

DECLARATION OF MARK FOGELMAN FILED IN SUPPORT OF MARINA COAST WATER DISTRICTS MOTION FOR SUMMARY JUDGMENT AND SUMMARY ADJUDICATION (TRANSACTION ID # 54358937) FILED BY DEFENDANT MARINA COAST WATER DISTRICT

DECLARATIONOF BRIAN LEE FILED IN SUPPORT OF MARINA COAST WATER DISTRICTS MOTION FOR SUMMARY JUDGMENT AND SUMMARY ADJUDICATION

DECLARATION OF BRIAN LEE FILED IN SUPPORT OF MARINA COAST WATER DISTRICTS MOTION FOR SUMMARY JUDGMENT AND SUMMARY ADJUDICATION (TRANSACTION ID # 54358937) FILED BY DEFENDANT MARINA COAST WATER DISTRICT

MARINA COAST WATER DISTRICTS REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT AND SUMMARY ADJUDICATIN

REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT AND SUMMARY ADJUDICATIN (TRANSACTION ID # 54358937) FILED BY DEFENDANT MARINA COAST WATER DISTRICT

BOOK OF EXHIBITS IN SUPPORT OF MARINA COAST WATER DISTRICTS MOTION FOR SUMMARY JUDGMENT AND SUMMARY ADJUDICATION (VOLUME II OF IV)

BOOK OF EXHIBITS IN SUPPORT OF MARINA COAST WATER DISTRICTS MOTION FOR SUMMARY JUDGMENT AND SUMMARY ADJUDICATION (VOLUME II OF IV) (TRANSACTION ID # 54358937) FILED BY DEFENDANT MARINA COAST WATER DISTRICT

BOOK OF EXHIBITS IN SUPPORT OF MARINA COAST WATER DISTRICTS MOTION FOR SUMMARY JUDGMENT AND SUMMARY ADJUDICATION (VOLUME III OF IV)

BOOK OF EXHIBITS IN SUPPORT OF MARINA COAST WATER DISTRICTS MOTION FOR SUMMARY JUDGMENT AND SUMMARY ADJUDICATION (VOLUME III OF IV) (TRANSACTION ID # 54358937) FILED BY DEFENDANT MARINA COAST WATER DISTRICT

BOOK OF EXHIBITS IN SUPPORT OF MARINA COAST WATER DISTRICTS MOTION FOR SUMMARY JUDGMENT AND SUMMARY ADJUDICATION (VOLUME IV OF IV

BOOK OF EXHIBITS IN SUPPORT OF MARINA COAST WATER DISTRICTS MOTION FOR SUMMARY JUDGMENT AND SUMMARY ADJUDICATION (VOLUME IV OF IV (TRANSACTION ID # 54358937) FILED BY DEFENDANT MARINA COAST WATER DISTRICT

Marina Coast Water Districts Errata Separate Statement of Undisputed Material Facts in Support of Motion for Summary Judgment and Summary Adjudication

MARINA COAST WATER DISTRICTS ERRATA SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT AND SUMMARY ADJUDICATION (TRANSACTION ID # 54760334) FILED BY DEFENDANT MARINA COAST WATER DISTRICT

Marina Coast Water Districts Errata Re Book Of Exhibits In Support Of Motion For Summary Judgment And Summary Adjudication

MARINA COAST WATER DISTRICTS ERRATA RE BOOK OF EXHIBITS IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT AND SUMMARY ADJUDICATION (TRANSACTION ID # 54763587) FILED BY DEFENDANT MARINA COAST WATER DISTRICT

California-American Water Companys Memorandum of Points and Authorities in Opposition to Defendant Marina Coast Water Districts Motion for Summary Judgment or Summary Adjudication

CALIFORNIA-AMERICAN WATER COMPANYS MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION TO DEFENDANT MARINA COAST WATER DISTRICTS MOTION FOR SUMMARY JUDGMENT OR SUMMARY ADJUDICATION (TRANSACTION ID # 54829401) FILED BY PLAINTIFF CALIFORNIA-AMERICAN WATER COMPANY, A CALIFORNIA CORPORATION

California American Water Company & Monterey County Water Resources Agencys Joint Response to Marina Coasts Separate Statement of Allegedly Undisputed Material Facts, Submitted in Opposition to Motion for Summary Judgment or Summary Adjudication

CALIFORNIA AMERICAN WATER COMPANY MONTEREY COUNTY WATER RESOURCES AGENCYS JOINT RESPONSE TO MARINA COASTS SEPARATE STATEMENT OF ALLEGEDLY UNDISPUTED MATERIAL FACTS, SUBMITTED IN OPPOSITION TO MOTION FOR SUMMARY JUDGMENT OR SUMMARY ADJUDICATION (TRANSACTION ID # 54829401) FILED BY PLAINTIFF CALIFORNIA-AMERICAN WATER COMPANY, A CALIFORNIA CORPORATION

California-American Water Company and Monterey County Water Resources Agencys Joint Statement of Undisputed Facts, Submitted in Opposition to Motion for Summary Judgment or Summary Adjudication

CALIFORNIA-AMERICAN WATER COMPANY AND MONTEREY COUNTY WATER RESOURCES AGENCYS JOINT STATEMENT OF UNDISPUTED FACTS, SUBMITTED IN OPPOSITION TO MOTION FOR SUMMARY JUDGMENT OR SUMMARY ADJUDICATION (TRANSACTION ID # 54829401) FILED BY PLAINTIFF CALIFORNIA-AMERICAN WATER COMPANY, A CALIFORNIA CORPORATION

Declaration of Robert R. Moore, Esq., in Support of California-American Water Companys Opposition to Defendant Marina Coast Water Districts Motion for Summary Judgment or Summary Adjudication

DECLARATION OF ROBERT R. MOORE, ESQ., IN SUPPORT OF CALIFORNIA-AMERICAN WATER COMPANYS OPPOSITION TO DEFENDANT MARINA COAST WATER DISTRICTS MOTION FOR SUMMARY JUDGMENT OR SUMMARY ADJUDICATION (TRANSACTION ID # 54829401) FILED BY PLAINTIFF CALIFORNIA-AMERICAN WATER COMPANY, A CALIFORNIA CORPORATION

California-American Water Companys Request for Judicial Notice, Submitted in Opposition to Motion for Summary Judgment or Summary Adjudication

CALIFORNIA-AMERICAN WATER COMPANYS REQUEST FOR JUDICIAL NOTICE, SUBMITTED IN OPPOSITION TO MOTION FOR SUMMARY JUDGMENT OR SUMMARY ADJUDICATION (TRANSACTION ID # 54829401) FILED BY PLAINTIFF CALIFORNIA-AMERICAN WATER COMPANY, A CALIFORNIA CORPORATION

California American Water Company and Monterey County Water Resources Agencys Joint Appendix of Evidence, Submitted in Opposition to Motion for Summary Judgment, Volume 1 of 3

CALIFORNIA AMERICAN WATER COMPANY AND MONTEREY COUNTY WATER RESOURCES AGENCYS JOINT APPENDIX OF EVIDENCE, SUBMITTED IN OPPOSITION TO MOTION FOR SUMMARY JUDGMENT, VOLUME 1 OF 3 (TRANSACTION ID # 54829401) FILED BY PLAINTIFF CALIFORNIA-AMERICAN WATER COMPANY, A CALIFORNIA CORPORATION

California American Water Company and Monterey County Water Resources Agencys Joint Appendix of Evidence, Submitted in Opposition to Motion for Summary Judgment, Volume 2 of 3

CALIFORNIA AMERICAN WATER COMPANY AND MONTEREY COUNTY WATER RESOURCES AGENCYS JOINT APPENDIX OF EVIDENCE, SUBMITTED IN OPPOSITION TO MOTION FOR SUMMARY JUDGMENT, VOLUME 2 OF 3 (TRANSACTION ID # 54829401) FILED BY PLAINTIFF CALIFORNIA-AMERICAN WATER COMPANY, A CALIFORNIA CORPORATION

367 More Documents Available

 

Docket Entries

  • 11/04/2015
  • View Court Documents
  • NOTICE OF CHANGE OF ADDRESS (TRANSACTION ID # 58114886) FILED BY ATTORNEY FOGELMAN, MARK

    Read MoreRead Less
  • 11/03/2015
  • View Court Documents
  • CERTIFICATION NOTICE

    Read MoreRead Less
  • 11/03/2015
  • APPEAL RECORD CERTIFIED TO THE COURT OF APPEAL - 8.124, 4 VOLS RT (APPEAL FILED 8/20/15 BY MARINA COAST WATER DISTRICT, A146166 DIV 1)

    Read MoreRead Less
  • 10/27/2015
  • View Court Documents
  • CERTIFICATION NOTICE

    Read MoreRead Less
  • 10/27/2015
  • APPEAL RECORD CERTIFIED TO THE COURT OF APPEAL - 8.124, 2 VOLS RT (APPEAL FILED 9/23/15, A146405 DIV 1)

    Read MoreRead Less
  • 10/07/2015
  • View Court Documents
  • NOTICE TO REPORTER TO PREPARE TRANSCRIPT -DEPOSIT (ANGELA POURTABIB/PEGGY TSUJIMOTO)(APPEAL FILED 9.23/2015)

    Read MoreRead Less
  • 10/05/2015
  • View Court Documents
  • FEE TO COVER TRIAL COURT COSTS ASSOCIATED WITH ADMINISTERING TRUST ACCOUNTS FOR PAYMENT OF REPORTER'S TRANSCRIPT COSTS IN CIVIL APPEALS (CRC 8.130(B)(1); GC 70632) (Fee:50.00)

    Read MoreRead Less
  • 10/05/2015
  • View Court Documents
  • REQUEST FOR CLERK'S/REPORTER'S TRANSCRIPT, TRAN # B8215A06A003, TAG # 033610 (8.124)(TRANSACTION ID # 57965519) FILED BY APPELLANT MARINA COAST WATER DISTRICT (Fee:160.00)

    Read MoreRead Less
  • 09/29/2015
  • View Court Documents
  • CLERK'S NOTICE OF FILING OF NOTICE OF APPEAL (APPEAL FILED 9-23-15)

    Read MoreRead Less
  • 09/28/2015
  • View Court Documents
  • NOTICE TO REPORTER TO PREPARE TRANSCRIPT - DEPOSIT (C. PARCHMAN, V. HAINES & P. SHI)[APPEAL FILED 8/20/15]

    Read MoreRead Less
414 More Docket Entries
  • 02/21/2013
  • COMPLEX DESIGNATION FEES FILED BY PLAINTIFF CALIFORNIA-AMERICAN WATER COMPANY, A CALIFORNIA CORPORATION (Fee:1000.00)

    Read MoreRead Less
  • 02/21/2013
  • APPLICATION FOR APPROVAL OF COMPLEX LITIGATION DESIGNATION MEMO OF P&A POS FILED BY PLAINTIFF CALIFORNIA-AMERICAN WATER COMPANY, A CALIFORNIA CORPORATION (Fee:60.00)

    Read MoreRead Less
  • 01/29/2013
  • View Court Documents
  • NOTICE OF FILING AND TRANSMITTAL (TRANSFERRED FROM MONTEREY COUNTY - CASE NO. M120053)

    Read MoreRead Less
  • 01/29/2013
  • View Court Documents
  • ANSWER TO COMPLAINT (EXEMPT FROM FILING FEES) FILED BY DEFENDANT MONTEREY COUNTY WATER RESOURCES AGENCY

    Read MoreRead Less
  • 01/29/2013
  • View Court Documents
  • CROSS COMPLAINT FILED BY CROSS COMPLAINANT MARINA COAST WATER DISTRICT AS TO CROSS DEFENDANT CALIFORNIA-AMERICAN WATER COMPANY, A CALIFORNIA CORPORATION MONTEREY COUNTY WATER RESOURCES AGENCY ROES 1 THROUGH 50, INCLUSIVE

    Read MoreRead Less
  • 01/29/2013
  • View Court Documents
  • ANSWER TO COMPLAINT (EXEMPT FROM FILING FEES) FILED BY DEFENDANT MARINA COAST WATER DISTRICT

    Read MoreRead Less
  • 01/29/2013
  • View Court Documents
  • REGISTER OF ACTIONS - TRANSFERRED FROM MONTEREY COUNTY SUPERIOR COURT (CASE NO. M120053) - FILINGS FROM OCTOBER 4, 2012 THROUGH JANUARY 18, 2013 - SEE SCANNED DOCUMENTS

    Read MoreRead Less
  • 01/29/2013
  • DEFENDANT, MARINA COAST WATER DISTRICT IS EXEMPT FROM FILING FEES

    Read MoreRead Less
  • 01/29/2013
  • View Court Documents
  • NOTICE TO PLAINTIFF

    Read MoreRead Less
  • 01/29/2013
  • View Court Documents
  • OTHER NON EXEMPT COMPLAINTS, COMPLAINT TRANSFERRED FROM MONTEREY COUNTY (PLAINTIFF IS NOT EXEMPT FROM FILING FEES) FILED BY PLAINTIFF CALIFORNIA-AMERICAN WATER COMPANY, A CALIFORNIA CORPORATION AS TO DEFENDANT MARINA COAST WATER DISTRICT MONTEREY COUNTY WATER RESOURCES AGENCY DOES 1 THROUGH 10, INCLUSIVE NO SUMMONS ISSUED, JUDICIAL COUNCIL CIVIL CASE COVER SHEET FILED CASE MANAGEMENT CONFERENCE SCHEDULED FOR JUL-03-2013 PROOF OF SERVICE DUE ON APR-02-2013 CASE MANAGEMENT STATEMENT DUE ON JUN-18-2013 (Fee:EXEMPT)

    Read MoreRead Less

Complaint Information

Ltbh A~ W N =

v e 3 N

fi f"ff!fo‘r(" 3 i, O A flf anUCI' hOU;'T

SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO

ORDER DENYING MONTEREY’S MOTION FOR SUMMARY ADJUDICATION OR JUDGMENT ON ITS CROSS-COMPLAINT AND DENYING IN PART AND GRANTING IN PART MONTEREY’S MOTION FOR SUMMARY ADJUDICATION OF MARINA’S CROSS-COMPLAINT

MARINA COAST WATER DISTRICT, ET AL.,

Defendants.

AND RELATED CROSS ACTIONS

The three parties here are California-American Water Company (Cal-Am), Marina Coast Water District (Marina), and Monterey County Water Resources Agency (Monterey). Before the Court is Monterey’s motion for summary adjudication on the single cause of action in its cross- complaint and on all seven causes of action in Marina’s cross-complaint. Cal-Am joins in the motion. At issue is the validity of certain contracts (Agreements) entered into respecting a Regional Desalination Project (Project).

I heard extended argument October 23, 2014. The precise holding of this Order is narrow: It is that the motion for summary adjudication on Marina’s cross complaint is granted in part and denied in part, and the motion as to Monterey’s cross-complaint must be denied,

because given the inferences I must make in Marina’s favor at this stage, I am unable to conclude