SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN FRANCISCO. Respondents and Defendants.

Size: px

Start display at page:

Download "SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN FRANCISCO. Respondents and Defendants."

Arleen Mason
8 years ago
Views:

1 MORGAN LEWIS & BOCKIUS LLP Colin C. West (Bar No. 4095) Thomas S. Hixson (Bar No. 3033) Three Embarcadero Center San Francisco, California Telephone: (415) Facsimile: (415) QUINN EMANUEL URQUHART & SULLIVAN, LLP John B. Quinn (Bar No ) Eric J. Emanuel (Bar No. 1027) 865 South Figueroa Street, 10 th Floor Los Angeles, California Telephone: (213) Facsimile: (213) THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA Marcia Scully (Bar No ) Heather C. Beatty (Bar No. 07) Joseph Vanderhorst (Bar No ) John D. Schottlerbeck (Bar No. 93) 700 North Alameda Street Los Angeles, California Telephone: (213) Facsimile: (213) Attorneys for Respondent and Defendant Metropolitan Water District of Southern California SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN FRANCISCO SAN DIEGO COUNTY WATER AUTHORITY, vs. Petitioner and Plaintiff, METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA; ALL PERSONS INTERESTED IN THE VALIDITY OF THE RATES ADOPTED BY THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA ON APRIL 10, TO BE EFFECTIVE JANUARY 1, 13 AND JANUARY 1, 14; and DOES 1-10, Respondents and Defendants. Case No. CPF Case No. CPF RESPONDENT AND DEFENDANT METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA S NOTICE OF MOTION AND MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION [Memorandum of Points and Authorities filed concurrently herewith] Hon. Curtis E.A. Karnow Dept.: 304 Hearing Date: February 5, 15 Hearing Time: 9:00 a.m. Actions Filed: June, 10; June 8, / NOTICE OF MOTION AND MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION

2 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE THAT on February 5, 15, at 9:00 a.m., or as soon thereafter as the matter may be heard, in Department 304 of the above-entitled Court, located at Civic Center Courthouse, 400 McAllister Street, San Francisco, CA 94102, Respondent and Defendant Metropolitan Water District of Southern California ( MWD ) will and does hereby move to dismiss: (1) The Fourth Cause of Action in Petitioner and Plaintiff San Diego County Water Authority s ( SDCWA ) Third Amended Petition for Writ of Mandate and Complaint for Damages and Declaratory Relief, Case No. CPF ( 10 Complaint ); and (2) The Fourth Cause of Action in SDCWA s Petition for Writ of Mandate and Complaint for Determination of Invalidity, Damages, and Declaratory Relief, Damages, Case No. CPF ( Complaint ). The motion is made on the grounds that an essential element of the causes of action for breach of contract is damage and the determination of damage requires the Court to set a water conveyance rate which courts do not have jurisdiction to do. This motion is based on this Notice of Motion and Motion; the attached Memorandum of Points and Authorities; the record in this action; such matters of which the Court may take judicial notice; and such further argument and other matters as may be presented at or before the hearing DATED: January 9, 15 QUINN EMANUEL URQUHART & SULLIVAN, LLP By/s/ John B. Quinn John B. Quinn Attorneys for Respondent and Defendant Metropolitan Water District of Southern California / NOTICE OF MOTION AND MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION N

Defendant Metropolitan Water District of Southern California ( MWD ) will and does hereby move to dismiss: (1) The Fourth Cause of Action in Petitioner and Plaintiff San Diego County Water Authority

3 2 I am employed in the County of Los Angeles, State of California. I am over the age of eighteen years and not a party to the within action; my business address is 865 South Figueroa 3 Street, 1Oth Floor, Los Angeles, California On January 9, 15, I served true copies of the following document(s) described as 5 RESPONDENT AND DEFENDANT METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA'S NOTICE OF MOTION AND MOTION TO DISMISS FOR 6 LACK OF SUBJECT MATTER JURISDICTION 7 on the interested parties in this action as follows: 8 SEE ATTACHED LIST 9 BY FILE & SERVEXPRESS: by causing a true and correct copy of the documents(s) listed 10 above to be sent via electronic transmission through File & ServeXpress to the person(s) at the address(es) set forth below. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 13 Executed on January 9, 15, at Los Angeles, California Pamela S. Davis l/

4 On January 9, 15, I served true copies of the following document(s) described as 5 RESPONDENT AND DEFENDANT METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA'S NOTICE OF MOTION AND MOTION TO

4 2 VIA E-SERVICE 3 John W. Keker, Esq. Daniel Purcell, Esq. 4 Dan Jackson, Esq. Warren A. Braunig, Esq. 5 Keker & Van Nest LLP 633 Battery Street 6 San Francisco, CA Telephone: (415) Facsimile: (415) jkeker@kvn.com 8 dpurcell@kvn.com djackson@kvn.com 9 wbraunig@kvn.com SERVICE LIST DanielS. Hentschke, Esq. San Diego County Water Authority 4677 Overland A venue San Diego, CA 9-33 Telephone: (858) Facsimile: (858) dhentschke@sdcwa.org Counsel for Petitioner and Plaintiff San Diego County Water Authority 10 Counsel for Petitioner and Plaintiff San Diego Countv Water Authoritv Dorine Martirosian, Deputy City Attorney 13 Glendale City Attorney's Office 613 E. Broadway, Suite 2 14 Glendale, CA 906 Telephone: (8) Facsimile: (8) DMartirosian@ci.glendale.ca.us Counsel for City of Glendale Steven M. Kennedy, Esq. Brunick, McElhaney & Kennedy, Professional Law Corporation 21 P.O. Box San Bernardino, CA Telephone: (909) Facsimile: (909) skennedy@bmblawoffice.com Counsel for Three Valleys Municipal Water District John L. Fellows III, City Attorney Patrick Q. Sullivan, Assistant City Attorney Office of the City Attorney 3031 Torrance Blvd. Torrance, CA Telephone: (31 0) 6-58 Facsimile: (310) PSullivan@TorranceCA.Gov JF ellows@torranceca. Gov Counsel for the Citv of Torrance VIA E-SERVICE Patricia J. Quilizapa, Esq. Aleshire & Wynder, LLP 881 Von Karman Avenue, Suite 00 Irvine, CA 9 Telephone: (949) 2-10 Facsimile: (949) pquilizapa@awattorneys.com Counsel for Municipal Water District of Orange County ] /

com SERVICE LIST DanielS. Hentschke, Esq. San Diego County Water Authority 4677 Overland A venue San Diego, CA 9-33 Telephone: (858) 522-6790 Facsimile: (858) 522-6566 Email: dhentschke@sdcwa.

5 SERVICE LIST (Continued) 2 3 VIA E-SERVICE 4 Michael N. Feuer, City Attorney Richard M. Brown, General Counsel 5 Julie Conboy Riley, Deputy City Attorney Tina P. Shim, Deputy City Attorney 6 City of Los Angeles Ill North Hope Street, Room Los Angeles, CA 900 Telephone: (213) Facsimile: (213) tina. shim@ladwp.com 9 julie.riley@lawp.com 10 Counsel for The City of Los Angeles, Acting by and Through The Los Angeles Department of Water and Power 13 VIA E-SERVICE 14 Steven P. O'Neill, Esq. Michael Silander, Esq. 15 Christine M. Carson, Esq. Lemieux and O'Neill 45 E. Thousand Oaks Blvd., Suite 350 Westlake Village, CA Telephone: (805) Facsimile: (805) steve@lemieux-oneill.com michael@lemieux -oneill. com christine@lemieux-oneill.com kathi@lemieux-oneill.com Counsel for Eastern Municipal Water District, 21 Foothill Municipal Water District, Las Virgenes Municipal Water District, West Basin 22 Municipal Water District, and Western Municival Water District Amrit S. Kulkarni, Esq. Julia L. Bond, Esq. Dawn A. Mcintosh, Esq. Edward Grutzmacher, Esq. Meyers, Nave, Riback, Silver & Wilson 555 th Street, Suite 1500 Oakland, CA Telephone: (51 0) Facsimile: (510) akulkarni@meyersnave.com jbond@meyersnave,com dmcintosh@meyersnave.com egrutzmacher@meyersnave.com Counsel for The City of Los Angeles, Acting by and Through The Los Angeles Department of Water and Power (Case No only) Donald Kelly, Esq. Utility Consumers' Action Network 3405 Kenyon Street, Suite 401 San Diego, CA 9 Telephone: (6) Facsimile: (6) dkelly@ucan.org Counsel for Utility Consumers' Action Network /

riley@lawp.com 10 Counsel for The City of Los Angeles, Acting by and Through The Los Angeles Department of Water and Power 13 VIA E-SERVICE 14 Steven P. O'Neill, Esq. Michael Silander, Esq.

Case 3:08-cv-01406-JM-CAB Document 9 Filed 08/25/2008 Page 1 of 7

Case 3:08-cv-01406-JM-CAB Document 9 Filed 08/25/2008 Page 1 of 7 Case :0-cv-00-JM-CAB Document Filed 0//0 Page of 0 JOHN J. SANSONE, County Counsel County of San Diego By THOMAS D. BUNTON, Senior Deputy (State Bar No. 0 00 Pacific Highway, Room San Diego, California