SUPERIOR COURT OF CALIFORNIA

COUNTY OF SAN FRANCISCO

MINUTES

December 5, 2014

Department: 304

CALIFORNIA-AMERICAN WATER
COMPANY, A CALIFORNIA CO
PLAINTIFF

Case Number: CGC-13-528312

VS.

Nature of Cause:
Court Trial
Day4

MARINA COAST WATER

DISTRICT eta!
DEFENDANT

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

Clerk DANIAL LEMIRE

Appcarancc(s):
Robert A Moore
Michael Betz
ALLEN MATKINS LECK GAMBLE MALLORY &
NATSIS. LLP
Three EI~tbarcadcro Center. 12Lh Floor
San Francisco, CA 9~ 111
(.\15) 837-1515
For Plaint~[[

Mark A Wasser
LAW OFFICES OF MARK A WASSER
~00 Capitol Mall, Suite ~00
Sacramento. CA 9581~
(916) H4-6.\00
(916) 955-3900 Fax
f'or /)e.fendant Afonierey C'ounl_V /Vater

Ruth Stoner Mu/J.in

Mark Fogelman
FRIEDMAN & SPRINGWATER, LLP
33 New Montgomen Street. Suite 290
San Francisco. CA 9H05

Irv Grant
COUNTY OF MONTEREY
OFFICE OF THE COUNTY COUNSEL
168 W. Alisal St. 3rd Floor
Salinas, CA 93901-2680

H5-83~-3800

(831)755-50~5

For Defendant Jfarina Coast Water District

Fax (831)755-5283
mckeecj(?r~co.monterey.ca.us

For Defendant Jfontere.v County TT'"ater

Case Number: CGC-13-528312

Case Title: CALIFORNIA-AMERICAN WATER COMPANY, A CALIFORNIA CO VS.
MARINA COAST WATER DISTRICT eta!
-1Date: December 05, 20 14
Form: C01006

Appearance( s):
B. Tilden Kim
James Markman
Kyle Brochard
RICHARDS WATSON & GERSHON
355 South Grand Avenue, 40th Floor
Los Angeles, CA 90071
(213) 626-8484
For Defendant Marina Coast Water District

Brendan P. Bradley
GORDON & REES LLP
Embarcadero Center West
275 Battery St, Suite 2000
San Francisco, CA 94111
(415)986-5900
Fax (415)986-8054
For the witness Lynde/ Melton

Trial continues from December 3, 2014. All counsel and court personnel are present as stated
above. Also present is Mr. Cerasuolo, representatives from Cal-American Water.
9:05am Judge Karnow takes the bench.
Defendant's witness Lyndel Melton, previously sworn, is now cross examined by Mr.
Wasser on behalf of Monterey County Water.
Attorney Brendan Bradley is present as counsel for this witness .
The following exhibits, previously marked, are now identified on the record:
Exhibit 73(Stephen Collins invoice number 2010-80 to RMC for $14,958.00)
Exhibit 80(Stephen Collins invoice number 2010-89 to RMC for $14,306.00)
Exhibit 83(Stephen Collins invoice No. 2010-97 to RMC for $13,881.50)
Exhibit 86(Stephen Collins invoice No. 2010-105 to RMC for $19,925.50 (2132))
Exhibit 5(Collins Cancelled Checks (RMC 268-332))
9:34am Cross examination concludes.
Court in recess for a short break.
9:40am Trail resumes with all parties present as previously stated.
Re-direct examination of Mr. Melton by Mr. Fogelman on behalf of the defendants
Marina Coast Water District.
9:47am Re-cross examination of the witness.
9:49am Witness is thanked and excused.
9:50am Mr. Kim requests a response on the stipulated facts from Exhibit TT.
Mr. Betz respond and requests additional facts to be stipulated.
Facts 81 and 82 from section C from Exhibit TT are now read into the record by
stipulation.
9:55am Subject to the admission of exhibits and depositions the defendants rest.
Plaintiff has no rebuttal evidence and makes a motion for judgment and argues the
motion to the Court.

Case Number: CGC-13-528312

Case Title: CALIFORNIA-AMERICAN WATER COMPANY, A CALIFORNIA CO VS.
MARINA COAST WATER DISTRICT et al
-2Date: December 05, 2014
Form: C01006

10:03 am Mr. Markman responds on behalf of the defendants.

I 0:31am Mr. Betz replies.
10:37am Court is in recess for a short break.
I 0:55am Trial resumes with all parties present as previously stated.
Court and counsel confer regarding stipulation of facts.
Facts from Exhibit TT, portions as stated on the record.
Court and counsel confer regarding the schedule for closing.
11 :23am 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 05, 2014
Form: C01006