SUPERIOR COURT OF CALIFORNIA

COUNTY OF SAN FRANCISCO

MINUTES

December 02, 2014

Department: 304

CALIFORNIA-AMERICAN WATER
COMPANY, A CALIFORNIA CO
PLAINTIFF

Case Number: CGC-13-528312

VS.

Nature of Cause:
COURT TRIAL
Day 1

MARINA COAST WATER

DISTRICT eta!
DEFENDANT

Present:
Judge CURTIS KARNOW
Reporter PAULA SHI
csr #13358
(408)205-7811

Clerk DANIAL LEMIRE

Appearance( s):
Robert A. Moore
Michael Betz
ALLEN MATKINS LECK GAMBLE
MALLORY & NATSIS, LLP
Three Embarcadero Center, l21h Floor
San Francisco, CA 94111
(415) 837-1515
h!Jr Plaintiff

Mark A. Wasser
LAW OFFICES OF MARK A. WASSER
400 Capitol Mall, Suite 400
Sacramento, CA 95814
(916) 444-6400
(916) 955-3900 Fax
h!Jr fJejendant Monterey County Water

Case Number: CGC-13-528312

Case Title: CALIFORNIA-AMERICAN WATER COMPANY, A CALIFORNIA CO VS.
MARINA COAST WATER DISTRICT eta!
-1Date: December 02, 20 14
Form: C01006

Appearance( s):
Ruth Stoner Muzzin
Mark Fogelman
FRIEDMAN & SPRINGWATER, LLP
33 New Montgomery Street, Suite 290
San Francisco, CA 94105
415-834-3800
For Defendant Marina Coast Water District

Charles J. McKee
COUNTY OF MONTEREY
OFFICE OF THE COUNTY COUNSEL
168 W. Alisal St, 3rd Floor
Salinas, CA 93901-2680
(831)755-5045
Fax (831)755-5283
mckeecj @co. monterey. ca. us
For Defendant Monterey County Water

B. Tilden Kim
James Markman
Kyle Brochard
RICHARDS WATSON & GERSHON
355 South Grand Avenue, 401h Floor
Los Angeles, CA 90071
(213) 626-8484
For Defendant Marina Coast Water District

The matter is before the Court at this time for the purpose of a trial. All counsel and court
personnel are present as stated above.
!0:03am Trial commences.
I 0:05am Mr. Moore makes an opening statement on behalf of the plaintiff.
10: 14am Mr. Markman makes an opening statement on behalf of the defendant Marina Coast
Water District.
10:46am Court is in recess for a short break.
I 0:55am Trial resumes with all parties present as previously stated.
Mr. Kim makes a motion to the Court to exclude the testimony of witness Richard
Jones as an expert. The Court will allow them to file a motion.
I 0:58am Plaintiff's witness Robert Maclean is sworn and examined by Mr. Moore.
The following exhibits, previously marked, are now identified on the record:
Exhibit 12(California Public Utilities Code Decision No. 09-12-017)
Exhibit 6(State Water Resources Control Board's Order No. WR 95-10, issued July 6,
1995)
Case Number: CGC-13-528312
Case Title: CALIFORNIA-AMERICAN WATER COMPANY, A CALIFORNIA CO VS.
MARINA COAST WATER DISTRICT et al
-2Date: December 02, 2014
Form: C01006

Exhibit 165(California Public Utilities Commission Decision No. 12-07-008)

11 :28am Mr. Fogelman cross examines the witness on behalf of the defendant Marina Coast
Water District.
11 :36am Re-direct examination of the witness.
11 :38am Re-cross examination of the witness.
11 :40am Witness is thanked and excused.
Plaintiff's witness Dan Carroll is sworn and examined by Mr. Wasser on behalf of
Monterey County Water.
11 :56am Trial is in recess for lunch.
1:34pm Trial resumes with all parties present as previously stated.
Mr. Wasser resumes direct examination ofMr. Carroll.
The following exhibits are marked and identified on the record:
Exhibit 27(Stephen Collins invoice number 2010-21 to RMC for $11,352.00 (MCWD
24-27))
Exhibit 47(Stephen Collins invoice number to RMC for $13,920.00 (MCWD00005054))
1:45pm Mr. Markman cross examines the witness on behalf of the defendant Marina Coast
Water District.
The following exhibits, previously marked, are now identified on the record:
Exhibit N(Document bates-stamped 001562-001564 (email from Dan Carroll to
stecllns@aol.com at 7:24AM))
2:14pm Re-direct examination ofthe witness.
2:18pm Re-cross examination of the witness.
2:20pm Witness is thanked and excused.
Court is in recess for a short break.
2:30pm Trial resumes with all parties present as previously stated.
Plaintiff's witness Lloyd Lowrey is sworn and examined by Mr. Moore.
The following exhibits, previously marked, are now identified on the record:
Exhibit 16(Email string between Jim Heitzman and Lloyd Lowrey (MCWD000003))
3:03pm Mr. Markman cross examines the witness on behalfofthe defendant Marina Coast
Water District.
Case Number: CGC-13-528312
Case Title: CALIFORNIA-AMERICAN WATER COMPANY, A CALIFORNIA CO VS.
MARINA COAST WATER DISTRICT et al
-2Date: December 02, 2014
Form: C01006

3:08pm Re-direct examination of the witness.

3:15pm Witness is thanked and excused.
Designated portions of the videotaped deposition ofLyndel Melton are played in open
Court. The court reporter is not reporting this testimony.
The following exhibits, previously marked, are now identified in open court:
Exhibit 26(Contract for Professional Services Agreement between MCWD and RMC
Water and Environment- Amendment)
Exhibit IO(Contract for Professional Services Agreement between Marina Coast
Water District and RMC Water and Environment)
Exhibit 13(RMC Water and Environment contract with Stephen Collins, Strategic
Planning and Management Consulting)
Exhibit 44(Amendment No. 1 to Stephen Collins January 8, 2010 contract with RMC)
Exhibit 87(Amendment No. 3 to Stephen Collins January 8, 2010 contract with RMC)
Exhibit 17(Stephen Collins invoice number 2010-11 to RMC for $5,647.94)
Exhibit 20(Collins Amended January Invoices (RMC 3307-3309))
Exhibit 2l(Stephen Collins invoice number 2010-15 to RMC for $3,806)
Exhibit 15(Email from Jim Heitzman to Lloyd Lowrey (MCWD000002))
4:30pm Trial is continued until December 3, 2014 at I O:OOam.
Court is adjourned.

Case Number: CGC-13-528312

Case Title: CALIFORNIA-AMERICAN WATER COMPANY, A CALIFORNIA CO VS.
MARINA COAST WATER DISTRICT et al
-3Date: December 02, 2014
Form: C01006