SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO, CALIFORNIA-AMERICAN WATER COMPANY, A CALIFORNIA CO., PLAINTIFF, VS. MARINA COAST WATER DISTRICT et al. DEFENDANT, Case Number CGC-13-528312: Hon. Curtis E.A. Karnow’s PHASE ONE TENTATIVE DECISION AND PROPOSED STATEMENT OF DECISION & ORDER REGARDING RECONSIDERATION OF FEBRUARY 25, 2014 ORDER

ABSTRACT:  On March 13, 2015, Curtis E. A. Karnow, Judge of The Superior Court, issued PHASE ONE TENTATIVE DECISION AND PROPOSED STATEMENT OF DECISION and ORDER REGARDING RECONSIDERATION OF FEBRUARY 25, 2014 ORDER, SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO, CALIFORNIA-AMERICAN WATER COMPANY, A CALIFORNIA CO., PLAINTIFF, VS. MARINA COAST WATER DISTRICT et al. DEFENDANT, Case Number CGC-13-528312.  Regarding PHASE ONE TENTATIVE DECISION AND PROPOSED STATEMENT OF DECISION: Conclusion  The Reimbursement Agreement, Settlement Agreement, Project Management Agreement, and WPA are void. The Credit-Line Agreement is not void. This resolves both crosscomplaints. Cal-Am's second cause of action should is pending and plans for its resolution will be the subject of the next case management conference, as will the impact of my reconsideration under the reconsideration order I issued today.

Regarding ORDER REGARDING RECONSIDERATION OF FEBRUARY 25, 2014 ORDER:
I issued this date my Phase I tentative decision and proposed statement of decision. There, the ruling on the conflict between the statute of limitations provided by the validation statutes and the statute of limitations provided by Government Code § I 092(b) conflicts with my prior ruling, and implicit analysis, on that same issue in my February 25, 2014 Order at 14-15. Accordingly, the parties are notified that I will on my own motion1 reconsider that February 25, 2014 analysis, with the potential effect of changing my ruling granting Marina's motion for summary adjudication of Cal-Am's first cause of action to, instead, denying that motion.
The PHASE ONE TENTATIVE DECISION AND PROPOSED STATEMENT OF DECISION ORDER document and the ORDER REGARDING RECONSIDERATION OF FEBRUARY 25, 2014 ORDER document are embedded. And 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 document is embedded.

Phase One Tentative Decision and Proposed Statement of Decision Cgc-13-528312

Filing Date: March 13, 2015
PHASE ONE TENTATIVE DECISION AND PROPOSED STATEMENT OF DECISION

Order Regarding Reconsideration of February 25, 2014 Order Cgc-13-528312

Filing Date March 13, 2015
ORDER REGARDING RECONSIDERATION OF FEBRUARY 25, 2014 ORDER

Order Denying Motion of Mcwd Cgc-13-528312

Filing Date February 25, 2014

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

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Judge: Marina Coast Water District on hook for millions in failed desal project

By Jason Hoppin, County Herald

Posted: 03/13/15