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RICHARDS, WAfSON & GERSHON


JAMES L. MARKMAN (Bar No. 43536)
jmarkman@rwglaw.com
B. TILDEN KIM (Bar No. 143937)
tkim@rwglaw.com
KYLE H. BROCHARD (Bar No. 293369)
kbrochard@rwglaw.com
355 South Grand Avenue, 40th Floor
Los Angeles, California 90071-3101
Telephone: 213.626.8484
Facsimile: 213.626.0078

ELECTRONICALLY

FILED
Superior Court of California,
County of San Francisco

SEP 05 2014
Clerk of the Court
BY: ROMY RISK
Deputy Clerk

7 FRIEDMAN & SPRINGWATER LLP


MARK FOGELMAN (Bar No. 5051 0)
8 mfogelman@friedmanspring.com
RUTH STONER MUZZIN (Bar No. 276394)
9 rmuzzin@friedmanspring.com
33 New Montgomery Street, Suite 290
10 San Francisco, California 94105
Telephone: 415.834.3800
11 Facsimile: 415.834.1044
12 Attorneys for Defendant and Cross-Complainant
MARINA COAST WATER DISTRICT
SUPERIOR COURT OF THE STATE OF CALJFORNIA
COUNTY OF SAN FRANCISCO

15 CALIFORNIA-AMERICAN WATER
COMPANY, a California corporation,
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Plaintiff,
v.

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MARINA COAST WATER DISTRICT;


MONTEREY COUNTY WATER
RESOURCES AGENCY; and DOES 2
through 10, inclusive,

Case No. CGC-13-528312


MARINA COAST WATER DISTRICT'S
NOTICE OF MOTION AND
MOTION TO DISMISS THE CROSSCOMPLAINT OF THE MONTEREY
COUNTY WATER RESOURCES
AGENCY FOR LACK OF JURISDICTION
(Code Civ. Proc. 861, 863)

[Exempt from fees -Gov. Code 6103]


Defendants.
DATE: September 26,2014
TIME: 9:00 a.m.
DEPT: 304

23 - - - - - - - - - - - - - - - - - - 1 Complaint Filed:
Cross-Complaints Filed:
24 And all related cross-actions
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Trial Date (Phase 1):

October 4, 2012
Nov. 19, 2012,
April17, 2014
Dec. 1 , 2014

Judge: Hon. Curtis E. A. Karnow

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NOTICE OF MOTION AND MOTION TO DISMISS MONTEREY'S CROSS-COMPLAINT

TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD HEREIN:

PLEASE TAKE NOTICE that on September 26, 2014 at 9:00a.m., or as soon

3 thereafter as the matter may be heard in Department 304 of the above-entitled Court located at
4 400 McAllister Street, San Francisco, California 94102, defendant, cross-complainant and
5 cross-defendant Marina Coast Water District ("Marina") will and hereby does move the Court
6 for an order dismissing the cross-complaint of the Monterey County Water Resources Agency

7 ("Monterey").
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This motion is brought on the grounds that cross-complainant Monterey has failed to

9 obtain this Court's jurisdiction over the matter raised in its cross-complaint because it did not
10 serve its summons on all parties with an interest in the matter by publishing the summons, as is
11 required in actions to validate or invalidate the acts of a public agency, and that the time in
12 which it could have done so has now passed. (Code Civ. Proc. 861, 863.)
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The motion is based on this notice, the accompanying Memorandum of Points and

14 Authorities filed concurrently herewith; the Declaration of Ruth Stoner Muzzin and the exhibits
15 attached thereto; upon the pleadings, papers and the Court's record on file in this action; and
16 upon such further argument and evidence as may be received by the Court at the time of the

17 hearing.
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Dated: September 4, 2014

RICHARDS, WATSON & GERSHON


A Professional Corporation
FRIEDMAN & SPRINGWATER, LLP

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By:

Is/ Mark Fogelman

MARK FOGELMAN
RUTH STONER MUZZIN
Attorneys for Defendant, Cross-Complainant
and Cross-Defendant MARINA COAST
WATER DISTRICT

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-1NOTICE OF MOTION AND MOTION TO DISMISS MONTEREY'S CROSS-COMPLAINT

PROOF OF SERVICE

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I, Juliet Quiambao, hereby declare:

I am over the age of 18 years and not a party to or interested in the within
entitled cause. I am an employee of Friedman & Springwater LLP and my business address is
4 33 New Montgomery Street, Suite 290, San Francisco, California 94105. On September 4,
2014, at my place of business as listed above, the following document(s):
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MARINA COAST WATER DISTRICT'S NOTICE OF MOTION AND
6 MOTION TO DISMISS THE CROSS-COMPLAINT OF THE MONTEREY COUNTY
WATER RESOURCES AGENCY FOR LACK OF JURISDICTION
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was served electronically via LexisNexis File & Serve on the recipients designated on the
Transaction
Receipt located on the LexisNexis File & ServeXpress website.
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Attorneys for Plaintiff and Cross-Defendant


CALIFORNIA-AMERICAN WATER
COMPANY

12 Robert R. Moore, Esq.


Andrew Mayer, Esq.
13 Allen Matkins Leek Gamble
Mallory & Natsis LLP
3
Embarcadero Center, 12th Floor
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San Francisco, CA 94111-4074
15 Tel: (415) 837-1515
Fax: (415) 837-1516
E-mail:
rmoore allenmatkins.com
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E-mail: ama er allenmatkins.com
17 Attorneys for Defendant and CrossComplainant MARINA COAST WATER
18 DISTRICT

Mark A. Wasser, Esq.


The Law Offices of Mark A. Wasser
400 Capitol Mall, Suite 2640
Sacramento, California 95814
Tel: (916) 444-6400
Fax: (916) 444-6405
E-mail: mwasser@markwasser.com

s: "':'

10 Attorneys for Plaintiffand Cross-Defendant


CALIFORNIA-AMERICAN WATER
11 COMPANY

<

~~
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19 James L. Markman, Esq.


B. Tilden Kim, Esq.
20 Richards, Watson & Gershon
355 South Grand Avenue, 40th Floor
21 Los Angeles, CA 90071-3010
Tel: (213) 626-8484
22 Fax: (213) 626-0078
E-mail: jmarkman@rwglaw.com
23 E-mail: tkim@rwglaw.com

Attorneys for County ofMonterey


Mr. Charles J. McKee
County of Monterey
168 West Alisal Street, 3'd Floor
Salinas CA 93901-2439
Tel: (831) 755-5045
Fax: (831) 755-5283
E-mail: mckeecj@co.monterey.ca.us

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I declare under penalty ofpetjury, under the laws of the State of California that
the foregoing is true and correct, and that this declaration was executed at San Francisco,
26 California on September 4, 2014.
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Juliet Ouiambao
(Type or print name)

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PROOF OF SERVICE