DORIGINAL 8 S157,0 S6. 26-,!...:,~. 2 2g- r -_ FILED JUL SUPERIOR COURT OF THE STATE OF CALIFORNIA, COUNTY OF LOS ANGELES, CENTRAL DISTRICT

Transcription

1 DORIGINAL MICHAEL N. FEUER, City Attorney (SBN x RICHARD M. BROWN, General Counsel for Water & Power (SBN RICHARD TOM, Assistant General Counsel (SBN JULIE RILEY, Deputy City Attorney (SBN 0 TINA SHIM, Deputy City Attorney (SBN 0 North Hope Street P.O.Box-Room0 A~ Los Angeles, California 00 ~ood ~ Telephone Number ( -..r- 0 Facsimile ( - {ep JJ.. 0 FILED Superior Court or California COllDty Of Los Angeles JUL 0 Shem \.~evoicer/clerk By'.,Deputy tina.shim@ladwp.com ~ C" NO FEE-0 GOV'T CODE C/~ Attorneys for Plaintiff, CITY OF LOS ANGELES, 0 acting by and through the LOS ANGELES DEPARTMENTOFWATERANDPOWER SUPERIOR COURT OF THE STATE OF CALIFORNIA, METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA, COUNTY OF LOS ANGELES, CENTRAL DISTRICT CITY OF LOS ANGELES, acting by and through the LOS ANGELES DEPARTMENTOFWATERAND POWER, Petitioner, vs. ~ '.:.-, _, -,!...:,~. g- r -_ Respondent Case No. S,0 S VERIFIED COMPLAINT AND PETITION FOR WRIT OF MANDATE FOR DECLARATORY AND INJUNCTIVE RELIEF (Cal. Const., art. I, ; Code Civ. Proc. 0, 0; Gov. Code et seq., ' ~- I,I VERIFIED COMPLAINT AND PETITION FOR WRIT OF MANDATE FOR DECLARATORY AND INJUNCTIVE RELIEF

2 ' 0 I. INTRODUCTION. The City oflos Angeles, acting by and through the Los Angeles Department of Water and Power (LADWP files this complaint and petitions this court for writ ofmandate to prevent the release of its customers' confidential personal information by the Metropolitan Water District of Southern California (MWD to the San Diego Union- Tribune, LLC (Requestor, pursuant to a California Public Records Act (CPRA, Gov. Code et seq., request. MWD intends to release the names and home addresses of LADWP customers that participated in MWD's TurfRemoval Rebate Program (Turf Program to Requestor, a major metropolitan newspaper, for potential publication. None ofladwp's customers were told that they had waived their constitutional right to privacy by accepting this government-funded rebate money to help conserve water. Not only that, but LADWP customers were not given notice that their information might be disclosed, and did not consent to this disclosure. The LADWP brings this "Reverse- CPRA" action pursuant to Marken v. Santa Monica-Malibu Unified School Dist. ( Cal.App.th 0. II. PARTIES,. '. Petitioner is and was, at all relevant times, a municipal utility that purchases water from Respondent, who funds Respondent's water conservation programs, and whose customers participated in Respondent's water conservation programs, including the Turf Program, which paid money to Petitioner's customers to replace lawn with artificial l " c grass or drought-friendly landscaping. VERIFIED COMPLAINT AND PETITION FOR WRIT OF MANDATE FOR DECLARATORY AND INJUNCTIVE RELIEF

3 0 c,::.! '" c.:. "-..' r....~ - r-. Respondent is and was, at all relevant times, a regional water wholesaler that delivers water to twenty-six cities and water agencies serving nineteen million people in six counties. Respondent is funded by water purchases from its member agencies. Respondent helps its member agencies to develop increased water conservation, recycling, storage, and other resource-management programs.. Requestor is and was, at all relevant times, a media company that submitted a CPRA request to Respondent for information, including names and addresses, ofall individuals that received money from the TurfProgram. III. JURISDICTION AND VENUE. Jurisdiction and venue are proper in this court because this action arises under California state law, Respondent resides in the County oflos Angeles, and. Respondent's actions occurred and continue to occur in thecounty oflos Angeles. IV. FIRST CAUSE OF ACTION (Violation ofcal. Const., art. I,. MWD funded, created, and operated its TurfProgram in part as a response to Governor Jerry Brown's April, executive order that California is in a drought and 0 million square feet of lawn and ornamental turfmust be replaced with drought tolerant landscapes. (Ex. A. The Tur.fProgram was the largest ofits kind in the nation, and has been so successful that MWD has stated it had achieved its program goal ofstimulating interest in turfremoval to the point that government incentives were no longer necessary for the long term. (Ex. B. The program totaled $0 million in funds, will remove over 0 million square feet ofturf in Southern California, and will save 0,000 VERIFIED COMPLAINT AND PETITION FOR WRIT OF MANDATE FOR DECLARATORY AND INJUNCTIVE RELIEF

4 0 acre-feetofwater per year. That is equal to the amountofwater used by 0,000 households in one year. (Id. All funds were exhausted on July,. (Id.. City oflos Angeles residents alone reached halfofgovernor Jerry Brown's statewide turfreplacement goal. With only 0% ofthe state's population, Los Angeles residents will successfully remove almost million square feet ofturfby the end ofsummer. (Ex. C. Approximately,00+ Los Angeles residents participated in the TurfProgram, with the assistance ofan estimated 0 private landscaping companies that were able to directly receive the rebate for their work. (Decl. ofdavid Wright, p. ; Ex. C. Petitioner is informed and believes, and thereon alleges, that approximately % of Respondent's TurfProgram recipients were LADWP customers. (Decl. ofdavid. Wright, p.. Respondent was created by an Act ofthe California Legislature in to build and operate the Colorado River Aqueduct, and is the largest wholesale water agency in the nation. (< Respondent is a government,agency because it is a cooperative oftwenty-six member agencies including cities and water agencies that purchase varying amounts ofwater each year that will eventually sold to a normal -. -, i --,_ -.~ 'j person, or retail customer. (Id. All retail customers belonging to one ofrespondent's twenty-six member agencies were eligible for the TurfProgram. (Id. Each member agency had a contract with MWD that governed the ability ofthat member agency's I customers to participate in the TurfProgram. (Decl. ofdavid Wright, p.. Petitioner and Respondent's contract regarding the Turf Program stated that Petitioner's confidential customer information could not be released by Respondent. (Ex. D. _ VERIFIED COMPLAINT AND PETITION FOR WRIT OF MANDATE FOR DECLARATORY AND INJUNCTIVE RELIEF

5 ' 0. Petitioner is informed and believes, and thereon alleges, that Respondent's Turf Program issued rebates on a first-come, first-served basis until funding was exhausted. (Ex. E. Rebates were capped to a maximum amount for some addresses and some applicants, later in the TurfProgram. and $,000 per residential address. (Ex. F. Respondent reserved the right to verify and inspect the removal ofturf grass, and required recipients to adhere to their water agency's rebate terms and conditions, as well as their local and city landscape ordinances. (Ex. E. Applicants were able to submit the application online, and were required to provide proofthey were customers ofa member agency with a utility bill. (< Ex. F. Rebates were mailed after proofofinstallation and documentation, including numerous photos, was submitted and approved. (Ex. E. 0. Petitioner is informed and believes~ and thereon alleges, that only some applicants were to make a five-year commitment for the turfto be removed, because not all application materials required the five-year commitment. (Decl. ofdavid Wright, p. ; Ex. G... '. :,I Petitioner is informed and believes, and thereon alleges, that online applicants were not required to make a five-year ~ommitment, but some applicants that submitted a paper application received notice that a five-year commitment was required. (Id. Further, Petitioner is informed and believes, and thereon alleges, that early applicants may have been required to make a five-year commitment, but later applicants were not required to make a five:..year commitment. (Id. No applicant was asked to make the installation,~ permanent to the property or alter their utility bills in any way. (Ex. E, F, and G. ' _ VERIFIED COMPLAINT AND PETITION FOR WRIT OF MANDATE FOR DECLARATORY AND INJUNCTIVE RELIEF

6 0 ' - '". Petitioner is informed and believes, and thereon alleges, that nowhere in Respondent's Turf Program materials, application, fact sheet, or web site did Respondent indicate that the applicant's name and address would be released to the public. Respondent did not give any notice or obtain consent from any applicant that in exchange for this go,:,ernment-funded money, the applicants agreeing to waive their right to privacy.. Petitioner is informed and believes, and thereon alleges, that on or a~ound May,, MWD received a CPRA request regarding its TurfProgram from Morgan Cook, a reporter for Requestor (Ex. H. Requestor asked for electronic records regardin'g the TurfProgram, including at least fifteen data fields such as the name ofthe recipient; date ofaward; street address ofrecipient; city ofrecipient;, zip code ofrecipient; county ofrecipient; name ofcontact person/applicant; type ofrecipient (bus'iness, single-family residential, etc.; description ofrecipient; amount ofaward; and description ofturf removal project approved for incentive (square footage to be removed, etc.. (Id.. Petitioner is informed and believes, and thereon alleges, that Respondent did not provide any notice to TurfProgram applicants that their information would be disclosed to a third party, or that their information'would be disclosed to a newspaper for potential publication pursuant to a CPRA request. (< Ex. E, F, and G. Petitioner is informed and believes, and thereon alleges, that Respondent did not provide any notice to TurfProgram rebate recipients that as a result ofparticipation in (, the TurfProgram, Petitioner's customer's confidential information would be disclosed ' j. : i..'! VERIFIED COMPLAINT AND PETITION FOR WRIT OF MANDATE FOR DECLARATORY AND INJUNCTIVE RELIEF

7 ". 0. (.:.:,. i ~.! ' (..=. ;: '.. l ~..:: to a third party, or that their information would be disclosed to a newspaper for potential publication pursuant to a CPRA request. (Id.. Petitioner inadvertently became aware ofthis CPRA request on or about June,. (Decl. ofdavid Wright, p.. Respondent informed Petitioner ofthe request. (Id. Petitioner determined that the names and addresses ofits customers are confidential in combination with rebate amounts, and did not disclose its customer names and address in response to a separate and different CPRA request. (Id.. Petitioner is informed and believes, and thereon alleges, that on or around June,, MWD provided approximately sixteen data fields to Requestor. (Ex. I. Petitioner is informed and believes, and thereon alleges, that MWD redacted all ofthe data with the names ofthe applicant (as opposed to recipient ofthe rebate. (Id. Petitioner is informed and believes, and thereon alleges that MWD disclosed street addresses at the general city block number level. (Id. Petitioner is informed and believes, and thereon alleges, that MWD also redacted the names ofrecipients (as opposed to applicant from the responsive records, except for where a third-party contractor, such as Turf., Terminators, was paid directly. (Id. Petitioner is informed and believes, and thereon alleges, that the names ofthird-party contractors and their full contact information was disclosed. (Id.. Petitioner is informed and believes, and thereon alleges, that on or about July,, Requestor responded that the records provided on or about June, were insufficient. (Ex. J. Petitioner is informed and believes, and thereon alleges, that I VERIFIED COMPLAINT AND PETITION FOR WRIT OF MANDATE FOR DECLARATORY AND INJUNCTIVE RELIEF

8 0 Requestor reiterated its request for installation street addresses numbers; first and last,. names ofall applicants; and first and last names ofall recipients ofthe award. (Id.. Petitioner is informed and believes, and thereon alleges, that on or around July,, Petitioner met with Respondent and objected to the disclosure of its customer's name and address, and cited various federal and state laws to support its claim ofcustomer privacy. (Decl. ofdavid Wright, p.. MWD disagreed with LADWP's understanding ofthe law. (Id.. On July,, Respondent informed Petitioner that it intended to release all responsive records on August,. (Ex. K.. The California Constitution gives each citizen an "inalienable right" to pursue and obtain privacy in article I, : "All people are by nature free and independent and have inalienable rights. Among these are enjoying and defending life and liberty, acquiring,. possessing, and protecting property, and pursuing and obtaining safety, happiness, and privacy." (Cal. Const., art.,.,.., i -' ".... Petitioner is informed and believes, and thereon alleges, that Respondent has an obligation to comply with the California Constitution and protect all persons from disclosure ofinformation that would invade their privacy or compromise their personal. safety. Respondent's intended disclosure ofpetitioner's customer's names and addresses violates these laws because Respondent did not provide any notice to Petitioner's customers regarding the potential or intended disclosure oftheir information at the time ofapplication to the program. Petitioner's customers may never have VI VERIFIED COMPLAINT AND PETITION FOR WRIT OF MANDATE FOR DECLARATORY AND INJUNCTIVE RELIEF

9 0 " " participated in the TurfProgram ifthey had known their names and addresses could be published in a newspaper.. Petitioner is informed and believes, and thereon alleges, that Respon'dent also failed to provide notice to Petitioner's customers after their applications were accepted to the TurfProgram. Respondent should have provided notice to all participants regarding their determination that their program and rebate information is not protected from disclosure, including details about how much rebate money they were given, how much square footage was replaced, and which third-party contractor that they may have hired.. Petitioner is informed and believes, and thereon alleges, that Respondent also failed to obtain consent from Petitioner's customers regarding the release oftheir information to this specific CPRA request, or give them an opportunity to object to the release oftheir information.. Furthermore, Petitioner is informed and believes, and thereon alleges, that Respondent failed to provide Petitioner any advance notice that Petitioner's customers' information would be disclosed. Petitioners encouraged Petitioner's customers to participate in both turfreplacement programs offered by Respondent and Petitioner. Petitioner basically had a contractual relationship with Respondent in regards to the execution ofthe Turf Program. Petitioner is obliged to maintain the confidentiality ofits customers' information and Respondent owes Petitioner's Customers the same duty in this instance.. Allowing Respondent's disclosure ofthis information would deny Petitioner and (, Petitioner's customers the opportunity to object to this release or obtain a judicial ' I J " determination regarding their private interests in non-disclosure. The disclosure ofthis (: I VERIFIED COMPLAINT AND PETITION FOR WRIT OF MANDATE FOR DECLARATORY AND INJUNCTIVE RELIEF

10 0 information and may cause Petitioner's customers to suffer irreparable harm and possible great injury.. Petitioner has performed all conditions precedent to the filing ofthis petition by objecting to Respondent and demanding that the names and addresses of its customers remain redacted.. At all times mentioned, Respondent has been able to exercise the discretion to withhold these records. Notwithstanding such ability, and despite Petitioner's demand for Respondent to withhold the records, Respondent continues to fail and refuse to redact the names and addresses ofpetitioner's customers.. Petitioner has no plain, speedy, and adequate remedy in the ordinary course oflaw, other than the relief sought in this petition, because pursuant to the CPRA, no other judicial, administrative, or contractual remedy is available to Petitioner. Furthermore, release ofthe names and addresses would render any subsequent judicial, administrative, or contractual remedy moot. '.,j ".-" I.,.; ", t,.: v. SECOND CAUSE OF ACTION (Violation ofgov. Code, et seq.. Petitioner re-alleges and incorporates by this reference all ofthe allegations in paragraphs through inclus~ve, ofthis Petition as iffully set forth herein... The CPRA was enacted in to promote government accountability, but expressly recognized that every individual's right to privacy: "In enacting this chapter, the Legislature, mindful ofthe right ofindividuals to privacy, finds and declares that access to information concerning the conduct ofthe people's business is a fundamental and,", i... I- " 0 i" VERIFIED COMPLAINT AND PETITION FOR WRIT OF MANDATE FOR DECLARATORY AND INJUNCTIVE RELIEF

11 0 (,-. --, -'- (I.. (, -, i. I! ~' (: i ~_. necessary right ofevery person in this state." (Gov. Code. Therefore, the CPRA, may permit access to by any member ofthe public to public records created by public employees, but it does not allow for the public to access records pertaining to private individuals. 0. Petitioner is informed and believes, a~d thereon alleges, that Respondent intends to disclose the names'and addresses ofprivate individuals. (Ex. K. Requestor is not seeking records that relate to MWD's conduct as a government agency in creating, operating, or granting funds under the TurfProgram. These are not public records because the names and addresses ofprivate customers to a public utility have nothing to do with the conduct ofthe people's business.. On July,, actress Rebecca Schaeffer was murdered in front ofher West, Hollywood apartment by a man who had been stalking her for three years, as reported by the Los Angeles Times in over seventeen published articles. (Ex. L. After unsuccessfully wandering around Ms. Schaeffer's neighborhood in an effort to locate her, the murderer obtained her home address by paying $ to a detective agency in Tucson. (ld. The murderer represented himself as an old friend that wanted to get back in touch with her. (Id. The detective agent simply went to the California Department of Motor Vehicles, filled out a form, paid approximately $, and was given Ms. Schaeffer's home address. (ld.; Ex. M; Senator Sher, Sen. Judiciary Committee, analysis ofassem. Bill No. (- Reg. Sess. p... The Request does not fit any ofthe exceptions in Government Code., which states as follows (please note, "or" does not mean "and":!,,f! VERIFIED COMPLAINT AND PETITION FOR'WRIT OF MANDATE FOR DECLARATORY AND INJUNCTIVE RELIEF

12 0 Nothing in this chapter shall be construed to require the disclosure ofthe name~ credit history~ utility usage data~ home address~ or telephone number ofutility customers of local agencies~ except that disclosure of name~ utility usage data~ and the home address ofutility customers oflocal agencies shall be made available upon request as follows: (a To an agent or authorized family member ofthe person to whom the information pertains. (b To an officer or employee ofanother governmental agency when necessary for the performance of its official duties. (c Upon court order or the request ofa law enforcement agency relative to an ongoing investigation. (d Upon determination by the local agency that the utility customer who is the subject ofthe request has used utility services in a manner inconsistent with applicable local utility usage policies. (e Upon determination by the local agency that the utility customer who is the subject ofthe request is an elected or appointed official with authority to determine the utility usage policies ofthe local agency~ provided that the home,address ofan appointed official shall not be disclosed without his or her consent. (t Upon determination by the local agency that the public interest in disclosure ofthe information clearly outweighs the public interest in nondisclosure." (Emphasis added. (Gov. Code... Petitioner is informed and believes~ a.nd thereon alleges~ that Respondent has an obligation to comply with the CPRA by withholding the names and address of, Petitioner~s customers. Respondent has an obligation to comply with Government Code '. and protect municipal utility customers from disclosure of information that would invade their privacy or compromise their personal safety.. Petitioner is informed and believes, and thereon alleges, that Respondent~s intended disclosure ofpetitioner's customers' names and address on August, violates Government Code.. ". The CPRA expressly exempts residence addresses from disclosure in numerous -- "-- instances, as follows: ' j',- II ij VERIFIED COMPLAINT AND PETITION FOR WRIT OF MANDATE FOR DECLARATORY AND INJUNCTIVE RELIEF

13 ' 0 ( " i ", C,~:, - i,... ', I' _ (:. Gov. Code (f for arrestees and vict~ms ofcrime;. Gov. Code (u for prosecutors, public defenders, peace officers, judges, court commissioners, and magistrates;. Gov. Code. for Department ofhousing and Community Development and Department ofmotor Vehicles;.. Gov. Code. for elected or appointed officials and their spouses and children on the Internet, which includes state constitutional officers, members ofthe Legislature, judges and court commissioners, district attorneys, public defenders, members ofa city council, members ofa board ofsupervisors, appointees ofthe Governor, appointees of the Legislature, mayors, city attorneys, police chiefs and sheriffs, a public safety official, as defined in. Gov. Code., state administrative law judges, federal judges and federal defenders, and members ofthe United States Congress and appointees ofthe President;. Gov. Code. for state employees and employees ofa school district or county office ofeducation; and. Gov. Code. for voter registration information.. Petitioner is entitled to mandamus and to file this "Reverse CPRA" action pursuant to Marken v. Santa Monica-Malibu Unified School Dist. ( Cal.App.th 0, in order to compel Respondent to comply with the CPRA and protect the confidentiality of Petitioner's customers' names and addresses.. Petitioner seeks a declaration from this court pursuant to Government Code that it is unlawful for Respondent to disclose the name and address ofpetitioner's customers to Requestor.. Petitioner has performed all conditions precedent to the filing ofthis petition by objecting to Respondent and demanding that the names and addresses ofits customers remain redacted.. At all times mentioned, Respondent has been able to exercise the discretion to withhold, these records. Notwithstanding such" ability, and despite Petitioner's demand for! r VERIFIED COMPLAINT AND PETITION FOR WRIT OF MANDATE FOR DECLARATORY AND INJUNCTIVE RELIEF.',

14 0 Respondent to withhold the records, Respondent continues to fail and refuse to redact the names and addresses ofpetitioner's customers. 0. Petitioner has no plain, speedy, and adequate remedy in the ordinary course of law, other than the relief sought in this petition, because pursuant to the CPRA, no other judicial, administrative, or contractual remedy is available to Petitioner: Furthermore, release of the names and addresses would render any subsequent judicial, administrative, or contractual remedy moot. VI. PRAYER FOR RELIEF WHEREFORE, Petitioner prays:. That the court issue a preemptory writ in the first instance commanding respondent to comply with the California Constitution and the CPRA and protect the confidentiality of Petitioner's customers' names and addresses.. That the court, alternatively, first issue an alternative writ commanding respondent to comply with the California Constitution and the CPRA and protect the confidentiality of.. : Petitioner's customers' names and addresses; or, in the alternative, show cause why it should not do so, and thereafter issue a peremptory writ commanding respondent to comply with the California Constitution and the CPRA and protect the confidentiality of Petitioner's customers' names and addresses.. For such other and further relief as the Court deems just and proper. ' II ;: Ii " r' II I VERIFIED COMPLAINT AND PETITION FOR WRIT OF MANDATE FOR DECLARATORY AND INJUNCTIVE RELIEF

15 DATED: July,0, 0 MICHAEL N. FEUER, City Attorney RICHARD M. BROWN, General Counsel, Water and Power RICHARD TOM, Assistant General Counsel JULIE RILEY, Deputy City Attorney d ' jj., B: I~--- TINA SHIM Deputy City Attorney Attorney for Petitioner, CITY OF LOS ANGELES acting by and through the LOS ANGELES DEPARTMENT OF WATER AND POWER c::.., '!...~. (. ' \' -... ij! VERIFIED COMPLAINT AND PETITION FOR WRIT OF MANDATE FOR DECLARATORY AND INJUNCTIVE RELIEF

16 :'.~.~ VERIFICATION STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. I, the undersigned, say: I am the Interim ChiefAdministrative Officer ofplaintiff CITY OF LOS ANGELES for the Los Angeles Department ofwater and Power in the above entitled action; I 0 have read the foregoing VERIFIED COMPLAINT AND PETITION FOR WRIT OF MANDATE FOR DECLARATORY AND INJUNCTIVE RELIEF and know the contents thereof; and that the same is true of my own knowledge, except as to the matters which are therein stated upon my information or belief, and as to those matters that I believe them to be true. I, declare under penalty ofperjury that the foregoing is true and correct.. Executed on July, at Los Angeles, California. l._.' ' : K!'!..fi VERIFICATION OF DAVID WRIGHT

17 ~TIORNEY OR PARTY WITHOUT ATIORNEY (Name, State Bar number, and address: Michael N. Feuer, City Attorney Richard M. Brown, General Counsel, Water and Power TINA SHIM, Deputy City Attorney (SBN 0 III N. Hope'Street, Rrn 0, Los Angeles, CA 00 FOR COURT USE ONLY FILED TELEPHONE NO.: - FAX NO. - superiorcourt OfCallfornlll ATIORNEY FOR (Name: Plaintiff City of Los Ai:lgeles COlmty Of Los Aneeles Los Angeles STREET ADDRESS: N. Hill Street SUPERIOR COURT OF CALIFORNIA, COUNTY OF MAILING ADDRESS: JUL 0 0 CITY AND ZIP CODE: Los An es, CA 00 Shem K.~" vull:erlclerk BRANCH N."~ Central istrict CASE NAME: Cit' oflos Angeles, acting by and through the LOs Angeles Department of Water and Power v. Metropolitan Water District of Southern California CIVil CASE COVER SHEET Complex Case uesignation D Unlimited [Sl Limited D D: (Amount ~ (Amount Counter Jomder By' t 'Deputy ,. CASE NUMBER: fj ~ ~ D{ 'U 0 JUDGE: demanded demanded is Filed with first appearance by defendant exceeds $,000 $,000 or less (Cal. Rules'of Court, rule.0 DEPT: Items - below must be completed (see instructions on page.. Check one box below for the case type that best describes this case: Auto Tort Contract Auto ( Breach of contract/warranty (0 o Uninsured motorist ( Rule.0 collections (0 Other PIIPDIWD (Personal Injury/Property Other collections (0 DamagelWrongful Death Tort D Insurance coverage ( D Asbestos (0 D Other contract ( Product liability ( Real Property Medical malpractice ( D Eminent domain/inverse o Other PIIPDIWD ( condemnation ( Non.PI/PDIWD (Other Tort D Wrongful eviction ( o Business tort/unfair business practice (0 D Other real property ( Civil rights (0 Unlawful Detainer o Defamation ( D Commercial ( Fraud ( D Residential ( Intellectual property ( D Drugs ( Professional negligence ( Judicial Review o Other non-piipdiwd tort ( 0 Asset forfeiture (0 o Wrongful tennination ( ~ Writ of mandate (0 Employment D Petition re: arbitration award ( Provisionally Complex Civil Litigation (Cal. Rules of Court, rules AntitrustlTrade regulation (0 D Construction defect (0 D Mass tort (0 D Securities litigation ( o EnvironmentalfToxic tort (0 D Insurance coverage claims arising from the above listed provisionally complex case types ( Enforcement of Judgment D Enforcement of judgment ( Miscellaneous Civil Complaint D RICO( D Other complaint (not specified above ( Miscellaneous Civil Petition D Partnership and corporate governance ( D Other petition (not specified'above ( o Other employment ( D Other judicial review' (. This case D is IZl is not complex under rule.00 ofthe California Rules of Court. If the case is complex, mark the factors requiring exceptional judicial management: a. 0 Large number of separately represented parties d. D Large number of witnesses DQ~INAL b. 0 EXensive motion practice raising difficult o~ novel e. D Coordination with related actions pending in one or more courts issues that will be time-consuming to resolve in other counties, states, or countries, or in a federal court c. 0 Substantial amount of documentary evidence f. D Substantial postjudgment judicial supervision. Remedies sought (check all that apply: a.o monetary b.~ nonmonetary; declaratory or injunctive relief c. Dpunitive. Number of causes of action (specify:. This case D is Zl is not a class action suit. '. (!~ there are any known related cases, file and serve a notice of related case. Date! July 0, 'TINA SHIM (TYPE OR PRINT NAME i.' NOTICE..Elaintiff must file this cover sheet with the first paper filed in the action or proceeding (except small claims cases or cases filed (.under the Probate Code, Family Code, or Welfare and Institutions Code. (Cal. Rules of Court, rule.0. Failure to file may result jn sanctions. - File this cover sheet in addition to any cover sheet required by local court rule.. -i lf;this case is complex under rule.00 et seq. of the California Rules of Court, you must serve a copy of this cover sheet on all.qther parties to the action or proceeding. '.Unless this is a collections case under rule.0 or a complex case, this cover sheet will be used for statistical purposes onlv,. I"ae0 Forni Adopted for Mandatory Use Judicial Council ofcalifornia CMi00 [Rev. JUly, 0] CIVil CASE COVER SHEET Cal. Rules of Court, rules.0,.0,.00-.0,.0; Cal Standards of Judicial Administration, std..0

18 SHORT TITLE: f Souther.n Cal, forn.caase N~MBER LADWP v. Metropolitan Water District Q CIVIL CASE COVER SHEET ADDENDUM AND STATEMENT OF LOCATION (CERTIFICATE OF GROUNDS FOR ASSIGNMENT TO COURTHOUSE LOCATION This form is required pursuant to Local Rule. in all new civil case filings in the Los Angeles Superior Court. Item I. Check the types of hearing and fill in the estimated length of hearing expected for this case: JURY TRIAL? YES CLASS ACTION? YES LIMITED CASE? YES TIME ESTIMATED FOR TRIAL..:.H:.:=O""U""R""S:...'...::D:.:..A,-,-Y.:::S Item II. Indicate the correct district and courthouse location ( steps -If you checked "Limited Case", skip to Item III, Pg. : Step : After first completing the Civil Case Cover Sheet form, find the main Civil Case Cover Sheet heading for your case in the left margin below, and, to the right in Column A, the Civil Case Cover Sheet case type you selected. Step : Check smt Superior Court type of action in Column B below which best describes the nature of this case. Step : In Column C, circle the reason for the court location choice that applies to the type of action you have checked. For any exception to the court location, see Local Rule... Applicable Reasons for Choosing Courthouse Location (see Column C below. Class actions must be filed in the Stanley Mosk Courthouse, central district.. May be filed in central (other county, or no bodily injury/property damage.. Location where cause of action arose.. Location where bodily injury, death or damage occurred.. Location where performance required or defendant resides.. Location of property or permanently garaged vehicle.. Location where petitioner resides.. Location wherein defendanvrespondent functions wholly.. Location where one or more of the parties reside. 0. Location of Labor Commissioner Office.. Mandatory Filing Location (Hub Case Step : Fill in the information requested on page in Item III; complete Item IV. Sign the declaration. Auto ( o A00 Motor Vehicle - Personallnjury/Property DamagelWrongful Death.,.,. Uninsured Motorist ( o A0 Personallnjury/Property DamagelWrongful Death - Uninsured Motorist.,.,. Asbestos (0 o A00 o A Asbestos Property Damage Asbestos - PersonallnjurylWrongful Death.. Product Liability ( o A0 Product Liability (not asbestos or toxic/environmental.,.,.,.,. Medical Malpractice ( o A Medical Malpractice - Physicia-ns & Surgeons \ o A0 Other Professional Health Care Malp'ractice.,..,. Other Personal Injury Property Damage Wrongful Death ( o A ~remises Liability (e.g., slip and fall o A0 Intentional Bodily Injury/Property DamagelWrongful Death (e.g., ~ assault, vandalism, etc. o A Intentional Infliction of Emotional Distress o A0 Other Personallnjury/Property DamagelWrongful Death.,..,..,..,. L;ACIV 0 (Rev / l(rc Approved 0-0 CIVIL CASE COVER SHEET ADDENDUM AND STATEMENT OF LOCATION Local Rule. Page of

19 ISHORT TITLE:.~ CASE NUMBER LADWP v. Metropolitan Water District of Southern Califor ia A "' B.. C Applicable Civil Case Cover Sheet ;."'i"'".t,-.,,~- Type of Action~r;'.Reasons - See Step Category No. (Check only.one Above Business Tort (0 0 A0 Other CommerciaUBusiness Tort (not fraud/breach of contract.,. ~- a.. m Defamation ( 0 A00 Defamation (slander/libel.,.,. -0 ~S CDtc.~ Civil Rights (0 0 A00 Civil Rights/Discrimination.,.,.._- ::I ~- ::I.ED e Fraud ( 0 A0 Fraud (no contract.,.,. Ci ~ : I!!- 0 A0 Legal Malpractice.,..,. CD CD Professional Negligence ( a..g' 0 A00 Other Professional Malpractice (not medical or legal.,.,. c E o." zo Other ( 0 A0 Other Non-Personal Injury/Property Damage tort.,. Wrongful Termination ( 0 A0 Wrongful Termination.,.,. -e CDE>- 0 A0 Other Employment Complaint Case.,.,. 0 'ii. Other Employment ( E 0 A0 Labor Commissioner Appeals 0. w 0 A00 Breach of RentaULease Contract (not unlawful detainer or wrongful eviction.,. Breach of Contractl Warranty (0 0 A00 ContractlWarranty Breach -Seller Plaintiff (no fraud/negligence.,. (not insurance 0 A0 Negligent Breach of ContractlWarranty (no fraud.,.,..,.,. 0 A0 Other Breach of ContractlWarranty (not fraud or negligence u 0 A00 Collections Case-Seller Plaintiff.,.,, E Collections (0 -e 0 A0 Other Promissory Note/Collections Case.,, A0 Collections Case-Purchased Debt (Charged Off Consumer Debt,, Purchased on or after Januarv \ Insurance Coverage ( 0 A0 Insurance Coverage (not complex.,.,.,. 0 A00 Contractual Fraud.,.,.,. Other Contract ( 0 A0 Tortious Interference.,.,.,. 0 A0 Other Contract Dispute(not breachlinsurance/fraud/negligence.,.,.,. Eminent Domain/Inverse 0 A00 Eminent Domain/Condemnation Number of parcels. ~ Condemnation ( CD c. ~ a.. Wrongful Eviction ( 0 A0 Wrongful Eviction Case.,. iii CD 0::: 0 A0 Mortgage Foreclosure.,. Other Real Property ( 0 A0 Quiet Title.,. (::: 0 A00 Other Real Property (not eminent domain, landlord/tenant, foreclosure.,. ':;l Unlawful Detainer-Commercial e 'iii ( a; e Unlawful Detainer-Residential ::I \!as-.l Unlawful Detainere Post-Foreclosure \ :::;.!"M 0 A0 Unlawful Detainer-Commercial (not drugs or wrongful eviction.,. 0 A0 Unlawful Detainer-Residential (not drugs or wrongful eviction.,. 0 A0F Unlawful Detainer-Post-Foreclosure.,. Unlawful Detainer-Drugs ( 0 A0 Unlawful Detainer-Drugs.,. LAGP. 0 (Rev / LA~g-f'pproved 0-0 CIVIL CASE COVER SHEET ADDENDUM AND STATEMENT OF LOCATION Local Rule. Page of

20 I SHORT TITLE:.J CASE NUMBER LADWP v. Metropolitan Water District of Southern Cal; forll; a Asset Forfeiture (0 o A0 Asset Forfeiture Case.,. Petition re Arbitration ( o A Petition to C'ompeVConfinnNacate Arbitration.,. Writ of Mandate (0 o A Writ - Administrative Mandamus o A Writ - Mandamus on limited Court Case Matter Jilf.. A Writ - Other limited Court Case Review.,... Other Judicial Review ( o A0 OtherWritlJudicial Review.,. c o ~ CJ ;: :::; Ii. = E o ~ "iii c o "iii ";; eq. Construction Defect (0 Claims Involving Mass Tort (0 Securities litigation ( Toxic Tort Environmental (0 Insurance Coverage Claims from Complex Case ( o A00 Construction Defect o A00 Claims Involving Mass Tort o A0 Securities litigation Case o A0 Toxic TortlEnvironmental o A0 Insurance Coverage/Subrogation (complex case only.,.,..,.,..,.,..,.,.,..,.,.,. AntitrustlTrade Regulation (0 0 A00 AntitrustlTrade Regulation.,.,. Enforcement of Judgment ( o A Sister State Judgment o A0 Abstract of Judgment o A0 Confession of Judgment (non-domestic relations o A0 Administrative Agency Award (not unpaid taxes o A Petition/Certificate for Entry of Judgment on Unpaid Tax o A Other Enforcement of Judgment Case.,..,..,..,..,..,.,. RICO ( o A0 Racketeering (RICO Case.,.,. o A00 Declaratory Relief Only.,.,. Other Complaints (Not Specified Above ( o A00 o A0 Injunctive Relief Only (not domestic/harassment Other Commercial Complaint Case (non-tortlnon-complex.,..,.,. o A000 Other Civil Complaint (non-tortlnon-complex.,.,. Partnership Corporation Governance ( o A Partnership and Corporate Governance Case.,. I Other Petitions (Not Specified Above ( o A Civil Harassment o A Workplace Harassment o A Elder/Dependent Adult Abuse Case o A0 Election Contest o A0 Petition for Change of Name o A0 Petition for Relief from Late Claim Law o A00 Other Civil Petition :,.,..,.,..,.,...,..,.,.,..,. LAqY.0 (Rev / LASC...f-pproved 0-0,_,_ I CIVIL CASE COVER SHEET ADDENDUM AND STATEMENT OF LOCATION Local Rule. Page of (