LAGERLOF, SENECAL, GOSNEY & KRUSE, LLP EXEMPT FROM … · July 18, 2008 at 10:00 a.m. at the...

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PALMDALE WATER DISTRICT'S RESPONSES TO PLAINTIFF REBECCA WILLIS'

FIRST SET OF REQUEST FOR PRODUCTION OF DOCUMENTS

LAGERLOF, SENECAL, GOSNEY & KRUSE, LLP H. JESS SENECAL, Bar No. 026826 TIMOTHY J. GOSNEY, Bar No. 061315 THOMAS S. BUNN III, Bar No. 089502 JAMES D. CIAMPA, Bar No. 162280

301 North Lake Avenue, 10TH Floor Pasadena, California 91108-4108 Telephone: (626) 793-9400 Telecopier: (626) 793-5900

Attorneys for Defendant, PALMDALE WATER DISTRICT

EXEMPT FROM FILING FEES UNDER GOVERNMENT CODE SECTION 6103

SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF LOS ANGELES – CENTRAL DISTRICT

ANTELOPE VALLEY GROUNDWATER CASES This Pleading Relates to Included Action: REBECCA LEE WILLIS, on behalf of herself and all others similarly situated, Plaintiff, vs. LOS ANGELES COUNTY WATERWORKS DISTRICT NO. 40; CITY OF LANCASTER; CITY OF LOS ANGELES; CITY OF PALMDALE; PALMDALE WATER DISTRICT; LITTLEROCK CREEK IRRIGATION DISTRICT; PALM RANCH IRRIGATION DISTRICT; QUARTZ HILL WATER DISTRICT; ANTELOPE VALLEY WATER CO.; ROSAMOND COMMUNITY SERVICE DISTRICT; MOJAVE PUBLIC UTILITY DISTRICT; and DOES 1 through 1,000; Defendants.

RELATED CASE TO JUDICIAL COUNCIL COORDINATION PROCEEDING NO. 4408 PALMDALE WATER DISTRICT’S RESPONSES TO PLAINTIFF WILLIS' FIRST SET OF REQUEST FOR PRODUCTION OF DOCUMENTS

PROPOUNDING PARTY: Plaintiff REBECCA LEE WILLIS

RESPONDING PARTY: Defendant PALMDALE WATER DISTRICT

SET NUMBER: One (1)

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2 PALMDALE WATER DISTRICT'S RESPONSES TO PLAINTIFF REBECCA WILLIS'


Defendant PALMDALE WATER DISTRICT (“District”) hereby responds to the Request

for Production of Documents Set One propounded by Plaintiff REBECCA LEE WILLIS.

(“Willis”) as follows:

PRELIMINARY STATEMENT

The District will make all responsive documents available to Willis’s counsel on Friday,

July 18, 2008 at 10:00 a.m. at the offices of Lagerlof, Senecal, Gosney & Kruse, LLP, 301 North

Lake Avenue, 10th Floor, Pasadena, California 91101-4108. However, the District is in the

process of conducting its investigation and discovery in this action. Consequently, the District

responds to these Demands to the best of its knowledge, but in doing so, reserves the right to

amend its Response at a future date. The District further reserves the right to offer, at time of

trial, facts, testimony or other evidence discovered subsequent to and not included in this

response, and assumes no obligation to voluntarily supplement or amend this Response to reflect

such facts, testimony or other evidence.

GENERAL OBJECTIONS

By responding to Willis’s Demand for Inspection and Production of Documents, Set One,

the District does not concede the relevancy or materiality of any request, or of the subject to

which such request refers. Each response is made subject to all objections as to competence,

relevance, materiality, propriety, and admissibility, as well as any or all other objections and

grounds which would require exclusion of evidence. The District reserves the right to make any

and all such objections at trial and at any other proceeding relating to this action. The District

objects to each of Willis’ demands to the extent any is directed to any information or document

that is subject to the attorney-client, attorney work product, deliberative process privilege or is

confidential and not subject to discovery on any other grounds. The District will not supply or

render any information or documents protected from discovery under these or any other

applicable privileges. If privileged information or documents are produced, such production is

inadvertent, and the District demands the immediate return of any document containing such

information. The District further objects to the requests for production to the extent they seek

information or materials not presently in the District’s possession. The District’s investigation

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and discovery in this case are ongoing. The following responses are given without prejudice to

the Districts’ right to produce or rely on any evidence subsequently discovered. The specific

responses and objections given below are submitted without prejudice to, and without waiving,

any of these general objections even though the general objections are not expressly set forth in

each response.

OBJECTIONS AND RESPONSES

The District incorporates fully the foregoing Preliminary Statement and General

Objections into each of the following specific objections and responses, and no specific objection

or response shall be construed to waive any of the General Objections.

REQUEST FOR PRODUCTION NO. 1:

Any and all documents that refer or relate to the identity (name, address, parcel number,

acreage) of all owners of land within the adjudication area that are within the Willis Class, as

defined in the Second Amended Complaint.

RESPONSE TO REQUEST FOR PRODUCTION NO. 1:

The District incorporates herein its Preliminary Statement and General Objections as

though expressly set forth herein. The District objects to this Request to the extent it calls for

documents protected by the attorney client privilege or attorney work product doctrine. Without

waiving the foregoing objections, after a diligent search and reasonable inquiry, the documents

requested are not, and have never been, in the District’s possession, control or custody.


Any and all documents that refer or relate to the identity (name, address, parcel number,

acreage) of all owners of land within the adjudication area that are within the pumping Class, i.e.

those outside the Willis Class.




documents protected by the attorney-client privilege or attorney work product doctrine. Without

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PALMDALE WATER DISTRICT'S RESPONSES TO PLAINTIFF REBECCA WILLIS' FIRST SET OF REQUEST FOR PRODUCTION OF DOCUMENTS

waiving the foregoing objections, after a diligent search and reasonable inquiry, the documents

requested are not, and have never been, in the District’s possession, control or custody.


Any and all documents that refer or relate to maps of the adjudication area.



though expressly set forth herein. The District will produce all responsive documents in its

possession, control and custody.


Any and all documents that refer or relate to the existence of basins within the

adjudication area.



though expressly set forth herein. The District objects to this Request as vague and ambiguous as

to the meaning of “basins.” Without waiving the foregoing objections, the District will produce

all responsive documents in its possession, control and custody.


Any and all documents that refer or relate to the existence of sub-basins within the

adjudication area.



though expressly set forth herein. The District objects to this Request to the extent it seeks

documents protected by the attorney-client privilege or attorney work product doctrine. The

Request seeks documents which are the subject of current expert witness study or opinion and/or

testimony which has not yet been fully developed and may be answered at the time such study is

completed and appropriately disclosed. Without waiving the foregoing objections, the District

will produce all responsive documents in its possession, control and custody.

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Any and all documents that refer or relate to "well permits."



though expressly set forth herein. The District objects to this Request to the extent that it is

overbroad and burdensome. Furthermore, the District objects to this Request as irrelevant and not

calculated to lead to the discovery of admissible evidence, to the extent it seeks well permits not

limited to the Adjudication Area. The District objects to this Request to the extent the

information contains confidential information. Without waiving the foregoing objections, the

District will produce all responsive, non-privileged documents but the District will produce

confidential documents when the propounding party has executed an appropriate confidentiality

agreement.


Any and all compilations that refer or relate to the landowners in the Willis Class.




documents protected by the attorney work product doctrine. Without waiving the foregoing

objections, after a diligent search and reasonable inquiry, the documents requested are not, and

have never been, in the District’s possession, control or custody.


Any and all compilations that refer or relate to the acreage owned by the landowners in

the Willis Class.




documents protected by the attorney work product doctrine. Without waiving the foregoing

objections, after a diligent search and reasonable inquiry, the documents requested are not, and

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have never been, in the District’s possession, control or custody.


Any and all documents that refer or relate to the natural groundwater recharge to the

Basin.



though expressly set forth herein. The District objects to this Request on the grounds that

propounding party has failed to designate or describe the documents to be inspected by

specifically describing each item or by reasonably categorizing each category of item as required

by Code of Civil Procedure section 2031.030, subdivision (c)(1). The District objects to this

Request to the extent it calls for documents protected by the attorney work product doctrine.

Without waiving the foregoing objections, the District will produce all responsive, non-privileged

documents in its possession, control and custody.


Any and all documents that refer or relate to groundwater recharge to the Basin from any

other source.







Request because the phrase “from any other source” is vague and ambiguous. The District

objects to this Request to the extent it calls for documents protected by the attorney work product

doctrine. Without waiving the foregoing objections, the District will produce all responsive, non-

privileged documents in its possession, control and custody.


Any and all documents that refer or relate to natural groundwater discharge from the

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Basin.











Any and all documents that refer or relate to your pumping of groundwater from the

Basin.



though expressly set forth herein. The District further objects that this Request is overbroad.

Without waiving the foregoing objections, the District will produce responsive documents in its

possession, custody and control concerning the amount of groundwater pumped by the District

for the years 1995 to the present.


Any and all documents that refer or relate to agricultural pumping of groundwater from

the Basin.







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Any and all documents that refer or relate to land subsidence within the adjudication area.











Any and all documents that refer or relate to reduction of groundwater levels in the Basin.











Any and all documents that refer or relate to depletion of the groundwater supply in the

Basin.

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Any and all documents that refer or relate to degradation of groundwater quality in the

Basin.











Any and all documents that refer or relate to your purchase of State Project water from

AVEK.



though expressly set forth herein. The District will produce all responsive, non-privileged

documents in its possession, custody and control concerning the amount and cost of State Project

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water purchases, noting however that the District is a State Water Project contractor and does not

purchase its water from or through AVEK.


Any and all documents that refer or relate to your importation of any water into the

adjudication area.



though expressly set forth herein. The District will produce all responsive, non-privileged

documents in its possession, custody and control concerning the amount and cost of State Project

water purchases.


Any and all documents that refer or relate to return flows from your purchase of water

from AVEK.











Any and all documents that refer or relate to return flows from your use of water in the

Basin.




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Any and all documents that refer or relate to return flows from any water that you have

imported into the Basin











Any and all documents that refer or relate to return flows from agricultural use of water in

the Basin.








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Any and all documents that refer or relate to your use of groundwater in the Basin.









documents in its possession, control and custody concerning the amounts of water the District

delivers to the public.


Any and all documents that refer or relate to your production of groundwater from the

Basin.









documents in its possession, control and custody concerning the amount of groundwater

production by the District.

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Any and all documents that refer or relate to an overdraft of the Basin.











Any and all documents that refer or relate to the safe yield of the Basin.











Any and all documents that refer or relate to the total annual demand on the Basin.





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by Code of Civil Procedure section 2031.030, subdivision (c)(1). The District objects to the

phase “total demand on the Basin” as vague and ambiguous. The District objects to this Request

to the extent it calls for documents protected by the attorney work product doctrine. Without

waiving the foregoing objections, the District will produce all responsive, non-privileged



Any and all documents that refer or relate to your claim of prescription







Request to the extent it calls for documents protected by the attorney work product doctrine. The

District objects to this Request because it does not seek information for the Phase 2 trial nor is it

reasonably calculated to lead to the discovery of admissible evidence for the Phase 2 trial. The

Court has directed the parties to focus their discovery requests upon the subject matter of the

Phase 2 trial.


Any and all documents that refer or relate to actual notice to Rebecca Willis or the Willis

Class of your adverse claim of right in support of prescription.







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Phase 2 trial.


Any and all documents that refer or relate to constructive notice to Rebecca Willis or the

Willis Class of your adverse claim of right in support of prescription.











Phase 2 trial.


An example of a "will serve" letter that YOU have issued.



though expressly set forth herein. The District will produce an example of a will serve letter.


Any and all documents that refer or relate to a contention by YOU that YOU have filed a

Notice of Extraction as required by California Water Code sections 4999 to 5009 for each year

since 1955 that you have extracted more than 25 acre-feet of groundwater from the Basin.

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though expressly set forth herein. The District will produce all responsive documents in its

possession, custody and control.


Any and all documents in support of paragraph 13 of your cross-complaint



though expressly set forth herein. The District objects to this Request as compound, overly broad

and unduly burdensome and oppressive. The Request is also vague, ambiguous, and

unintelligible because it is impossible to determine which aspect of the paragraph in the cross-

complaint to which it refers to or seeks to address. Subject to and without waiving the forgoing,

the District will produce all responsive, non-privileged documents in its possession, control and

custody.


Any and all documents in support of paragraph 14 of your cross-complaint.






complaint to which it refers to or seeks to address. Subject to and without waiving the forgoing,

the District will produce all responsive, non-privileged documents in its possession, control and

custody concerning the number of landowner parties in the Basin.





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complaint to which it refers to or seeks to address. The District objects to this Request to the

extent that it requests information protected by the attorney work product doctrine and attorney-

client privilege. This Request is the subject of expert witness investigation and may be answered

at the time such expert witness investigation is appropriately disclosed pursuant to Court order

and the Code of Civil Procedure. The Request encompasses the subject matter of a previous court

hearing on the determination of the adjudication area and the proceeding is a matter of public

record.










client privilege. Without waiving the forgoing, the District will produce all responsive, non-









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Any and all documents in support paragraph 27 of your cross-complaint.


















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complaint to which it refers to or seeks to address. Without waiving the forgoing, the District will

produce all responsive, non-privileged documents in its possession, control and custody.






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Phase 2 trial.








complaint to which it refers to or seeks to address.






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Phase 2 trial.













Phase 2 trial.








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Phase 2 trial.













Phase 2 trial.










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Phase 2 trial.













Phase 2 trial.



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Phase 2 trial.













Phase 2 trial.





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Phase 2 trial.

Dated: July 14, 2008

LAGERLOF, SENECAL, GOSNEY & KRUSE, LLP

By THOMAS S. BUNN III Attorneys for Defendant, PALMDALE WATER DISTRICT

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