SUPERIOR COURT OF CALIFORNIA

COUNTY OF SAN FRANCISCO

MINUTES

December 03, 2014

Department: 304

CALIFORNIA-AMERICAN WATER
COMPANY, A CALIFORNIA CO

Case Number: CGC-13-528312

Nature of Cause:

PLAINTIFF
COURT TRIAL
Day2

vs
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, 12'h Floor
San Francisco, CA 941 I I
(415) 837-1515
For Plaintiff

Mark A Wasser
LAW OFFICES OF MARl( A WASSER
400 Capitol Mall, Suite 400
Sacramento, CA 95814
(916) 444-6400
(916) 955-3900 Fax
For Defendant Monterey County Water

Case Number: CGC-13-528312

Case Title: CALIFORNIA-AMERICAN WATER COMPANY, A CALIFORNIA CO VS.
MARINA COAST WATER DISTRICT eta!
-IDate: December 03, 2014
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
Trial continues from December 2, 2014. All counsel and court personnel are present as stated
above.
I 0:05am Judge Karnow takes the bench and trial resumes.
Designated portions of the videotaped deposition ofLyndel Melton are played in open
Court. The court reporter is not reporting this testimony.
10: 14am The videotaped deposition of Mr. Melton concludes.
Plaintiff's witness Dave Potter is sworn and examined by Mr. Wasser.
I 0:29am Mr. Fogelman cross examines the witness on behalf of the defendant Marina Coast
Water District.
I 0:33am Witness is thanked and excused.
I 0:34am Designated portions ofthe videotaped deposition ofRyan Alamenda 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 13(RMC Water and Environment contract with Stephen Collins, Strategic
Planning and Management Consulting)
Exhibit 25(RMC Water and Environment Invoice to MCWD- includes Collins
January invoices)
Exhibit 32(RMC Water and Environment Invoice to MCWD- includes Collins
Case Number: CGC-13-528312
Case Title: CALIFORNIA-AMERICAN WATER COMPANY, A CALIFORNIA CO VS.
MARINA COAST WATER DISTRICT et al
-2Date: December 03, 2014
Form: C01006

February invoices- Invoice No. 10450)

Exhibit 45(RMC Invoice to MCWD- Contains Stephen Collins March invoices.)
Exhibit 65(RMC Invoice to MCWD- Contains Stephen Collins May invoices
(RMC104-121))
Exhibit 68(RMC Invoice to MCWD- Contains Stephen Collins June invoices
(RMC122-128))
Exhibit 71(Stephen P. Collins Invoice number 2010-71 to RMC (RMC000307-10))
11 :07 am Court is in recess for a short break.
11: 19am Trial resumes with all parties present as previously stated.
Plaintiff's witness Curtis Weeks is sworn and examined by Mr. Moore.
The following exhibits, previously marked, are now identified on the record:
Exhibit 47(Stephen Collins invoice number to RMC for $13,920.00 (MCWD00005054))
Exhibit 40(Video of Stephen Collins speaking in support of approval of the Water
Purchase Agreement), is a video played in open court.
Exhibit 40 is ADMITTED into evidence.
11 :58am Trial is in recess for lunch.
1:34pm Trial resumes with all parties present as previously stated.
Direct examination ofMr. Weeks continues.
The following exhibits, previously marked, are now identified on the record:
Exhibit 36(Invoice from Stephen P. Collins, MS, CPA, to Lyndel Melton, RMC
Engineering)
1:55pm Witness is cross examined by Mr. Markman on behalf of the defendant Marina Coast
Water District.
2:33pm Court is in recess for a short break.
2:40pm Trail resumes with all parties present as previously stated.
Cross examination ofMr. Weeks continues.
2:52pm Re-direct examination of the witness.
2:55pm Witness is thanked and excused.
Plaintiff's witness Richard Jones is sworn and examined by Mr. Wasser.
3 :1Opm Court is in recess for a short break.
3:17pm Trial resumes with all parties present as previously stated.
Direct examination ofMr. Jones continues.
Case Number: CGC-13-528312
Case Title: CALIFORNIA-AMERICAN WATER COMPANY, A CALIFORNIA CO VS.
MARINA COAST WATER DISTRICT et al
-3Date: December 03, 2014
Form: C01006

3:43pm Mr. Markman cross examines the witness on behalfofthe defendant Marina Coast
Water District.
3:47pm Witness is thanked and excused.
Designated portions of the videotaped deposition of James Heitzman 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 16(Email string between Jim Heitzman and Lloyd Lowrey (MCWD000003))
Exhibit 45(RMC Invoice to MCWD- Contains Stephen Collins March invoices.)
Exhibit 51 (RMC Invoice to MCWD- Contains Stephen Collins April invoices)
Exhibit 15(Email from Jim Heitzman to Lloyd Lowrey (MCWD000002))
4:05pm Testimony ofMr. Heitzman concludes.
Designated portions of the videotaped deposition ofKelly Cadiente 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 76(Email to Kelly Cadiente to Jim Heitzman re Collins invoice)
Exhibit 194(Email from Kelly Cadiente (LWL007357-LWL07360))
Exhibit 104(email between Mr. Collins and Mr. Alameda, dated 2-22-2011, 2 pages)
4:26pm Court confirms the amount of time used by each side.
The trial is continued until December 4, 2014 at I O:OOam.
Court is in recess.

Case Number: CGC-13-528312

Case Title: CALIFORNIA-AMERICAN WATER COMPANY, A CALIFORNIA CO VS.
MARINA COAST WATER DISTRICT et al
-4Date: December 03, 2014
Form: C01006