Filing Date 10-29-15
Friday, October 30, 2015
Proceeding Number A.12-04-019 ADMINISTRATIVE LAW JUDGE’S RULING DENYING MOTION TO DISMISS
ABSTRACT: Re: Application of California-American Water Company (U210W) for Approval of the Monterey Peninsula Water Supply Project and Authorization to Recover All Present and Future Costs in Rates, the ADMINISTRATIVE LAW JUDGE’S RULING DENYING MOTION TO DISMISS document copy is embedded. Summary Water Plus has filed a motion to dismiss this Application (A.) 12-04-019. This ruling denies the motion to dismiss because: (1) the motion does not state the law supporting the motion and the ruling requested; (2) the papers filed by the parties disclose, on their face, that triable issues of material fact remain; and (3) even construing the facts in the manner most favorable to Water Plus, Water Plus would not be entitled to judgment as a matter of law. Discussion Water Plus has not shown that it is entitled to the ruling it seeks. Among other things, a motion “must concisely state the...law supporting the motion.” Rule 11.1(d). That provision was not followed as the Motion does not state any supporting law...Water Plus has not met its burden, so the Motion must be denied. First, it is clear from the papers filed by the parties that there remain disputed issues of material fact in this proceeding...Second, even if the parties' filings did not on their face disclose the existence of remaining triable facts, Water Plus would not be entitled to judgment as a matter of law… IT IS RULED that for the foregoing reasons, the Motion to Dismiss is denied.