ORDER DENYING MOTION OF MARINA COAST WATER DISTRICT FOR SUMMARY JUDGMENT ON ITS CROSSCOMPLAINT OR IN THE ALTERNATIVE SUMMARY ADJUDICATION OF EACH 7 CAUSE OF ACTION IN ITS CROSSCOMPLAINT; AND GRANTING MOTION OF MARINA COAST WATER DISTRICT FOR SUMMARY ADJUDICATION OF THE FIRST CAUSE OF ACTION IN CAL-AM'S COMPLAINT

RELATED NEWS ARTICLE: 
Judge: Monterey County must take the lead in challenging failed desal project agreements
By JIM JOHNSON Herald Staff Writer, 02/26/2014
HIGHLIGHT EXCERPTS:
In a decision issued late Tuesday, San Francisco Superior Court Judge Curtis Karnow ruled state law bars Cal Am from challenging the regional project agreements beyond 60 days after they were approved, but the county is allowed four years to challenge the validity of the regional project agreements under state law allowing challenges to contracts involving a conflict of interest.
The county, according to Karnow's ruling, has time to challenge the agreements. 

ABSTRACT: In SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO, CALIFORNIA-AMERICAN WATER CO., Plaintiff, vs. MARINA COAST WATER DISTRICT, ET AL., Defendants. AND RELATED CROSS ACTIONS, ORDER DENYING MOTION OF MARINA COAST WATER DISTRICT FOR SUMMARY JUDGMENT ON ITS CROSSCOMPLAINT OR IN THE ALTERNATIVE SUMMARY ADJUDICATION OF EACH 7 CAUSE OF ACTION IN ITS CROSSCOMPLAINT; AND GRANTING MOTION OF MARINA COAST WATER DISTRICT FOR SUMMARY ADJUDICATION OF THE FIRST CAUSE OF ACTION IN CAL-AM'S COMPLAINT, by Curtis E.A. Karnow. Judge of The Superior Court, is embedded.  Importantly, “As a result, Marina's motion for summary adjudication as to the first cause of action in Cal-Am's Complaint is granted- Cal-Am is barred from seeking to void these agreements by the validation statutes. On the other hand, Marina's motion for summary adjudication of the first cause of action in its Cross-Complaint is denied. On the present record, Monterey's time for challenging the validity of the agreements under § 1 092 has not expired.”  And “Accordingly I conclude that the suit before me would not violate the rules of administrative finality such as those in P.U.C. §§ 1709, 1731(b) and 1756(£) and 1759(a). Marina's motion for summary adjudication is denied as to causes of action 4-7 of its Cross-Complaint.” Conclusion For these reasons, Marina's motion is granted with respect to the first cause of action in Cal-Am's Complaint and denied in all other respects.

Order Denying Motion of Marina Coast Water District Cgc 13 528312 02-25-14

Filing Date: 02-25-14
ORDER DENYING MOTION OF MARINA COAST WATER DISTRICT FOR SUMMARY JUDGMENT ON ITS CROSSCOMPLAINT OR IN THE ALTERNATIVE SUMMARY ADJUDICATION OF EACH 7 CAUSE OF ACTION IN ITS CROSSCOMPLAINT; AND GRANTING MOTION OF MARINA COAST WATER DISTRICT FOR SUMMARY ADJUDICATION OF THE FIRST CAUSE OF ACTION IN CAL-AM'S COMPLAINT
Case No. CGC- 13-528312

ADDENDUM:

FEB-25-2014	ORDER DENYING MOTION OF MARINA COAST WATER DISTRICT FOR SUMMARY JUDGMENT ON ITS CROSS-COMPLAINT OR IN THE ALTERNATIVE SUMMARY ADJUDICATION OF EACH 7 CAUSE OF ACTION IN ITS CROSS-COMPLAINT; AND GRANTING MOTION OF MARINA COAST WATER DISTRICT FOR SUMMARY ADJUDICATION OF THE FIRST CAUSE OF ACTION IN CAL-AM'S COMPLAINT (TRANSACTION #55055230)	View
FEB-21-2014	SUPPLEMENTAL BRIEF OF MARINA COAST WATER DISTRICT IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT AND SUMMARY ADJUDICATION (TRANSACTION ID # 55038735) FILED BY DEFENDANT MARINA COAST WATER DISTRICT	View
FEB-21-2014	CALIFORNIA-AMERICAN WATER COMPANYS SUPPLEMENTAL BRIEF PURSUANT TO COURTS REQUEST (TRANSACTION ID # 55038710) FILED BY PLAINTIFF CALIFORNIA-AMERICAN WATER COMPANY, A CALIFORNIA CORPORATION	View
FEB-21-2014	MONTEREY COUNTY WATER RESOURCE AGENCYS POST-HEARING MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION TO MOTION FOR SUMMARY JUDGMENT (TRANSACTION ID # 55038653) FILED BY DEFENDANT MONTEREY COUNTY WATER RESOURCES AGENCY	View