ABSTRACT: On July 30, 2015, MARINA COAST WATER DISTRICT filed COMPLAINT OF MARINA COAST WATER DISTRICT FOR (1) BREACH OF WARRANTIES AND REPRESENTATIONS; (2) BREACH OF CONTRACT; (3) PROMISSORY ESTOPPEL; (4) UNJUST ENRICHMENT; AND (5) VIOLATION OF LAW OR CPUC ORDERS OR DECISIONS against CALIFORNIA-AMERICAN WATER COMPANY, a California corporation; MONTEREY COUNTY WATER RESOURCES AGENCY; and DOES 1 through 50, inclusive,Superior Court of California, County of San Francisco. The COMPLAINT: FIRST CAUSE OF ACTION (Breach ofWarranties and Representations -WPA) (Against Agency and Does 1-50); SECOND CAUSE OF ACTION (Breach of Contract- Repudiation) (Against Agency and Does 1-50); THIRD CAUSE OF ACTION (Breach of Contract-Repudiation) (Against CAW and Does 1-50); FOURTH CAUSE OF ACTION (Promissory Estoppel) (Against CAW, Agency and Does 1-50); FIFTH CAUSE OF ACTION (Quasi-Contract I Unjust Enrichment) (Against CAW and Does 1-50); SIXTH CAUSE OF ACTION (Breach of the Implied Covenant of Good Faith and Fair Dealing) (Against CAW, the Agency and Does 1-50); SEVENTH CAUSE OF ACTION (Public Utility Violation of Law, or Orders or Decisions ofthe CPUC) (Against CAW and Does 1-50)
PRAYER FOR
RELIEF
WHEREFORE, plaintiff Marina
Coast Water District prays for judgment as follows:
1. Marina be awarded compensatory damages from Agency and/or CAW for their respective breach of warranty and/or breach of contract;2. In the alternative, Marina be awarded compensatory damages from CAW and/or Agency on Marina's Fourth and Fifth Causes of Action, as permitted by law;
3. Marina be awarded exemplary damages from CAW for the latter's violations of CPUC Rule of Practice and Procedure 1.1, D.10-08-008 and D.10-12-016.
4. That Marina recover from defendants its costs of suit herein, including attorney's fees incurred to the extent allowed by law.
For such other relief as the Court may deem just and proper in the circumstances.
A Case Management Conference is set for:
DATE: DEC-30-2015
TIME: 10:30AM
PLACE: Department 610
400 McAllister Street
San Francisco, CA 941 02-3680
COMPLAINT OF MARINA COAST WATER DISTRICT FOR (1) BREACH OF WARRANTIES AND REPRESENTATIONS; (2) BREACH OF CONTRACT; (3) PROMISSORY ESTOPPEL; (4) UNJUST ENRICHMENT; AND (5) VIOLATION OF LAW OR CPUC ORDERS OR DECISIONS
JURY TRIAL DEMANDED
[Exempt from
fees - Gov. Code § 61 03]
SUPERIOR COURT OF THE STATE OF CALIFORNIACOUNTY OF SAN FRANCISCO
MARINA COAST WATER DISTRICT, Plaintiff, v. CALIFORNIA-AMERICAN WATER COMPANY, a California corporation; MONTEREY COUNTY WATER RESOURCES AGENCY; and DOES 1 through 50, inclusive, Defendants
Case No.: CGC-15-547125
Case Management Conference
CASE NUMBER: CGC-15-547125 MARINA COAST WATER DISTRICT VS. CALIFORNIA-AMERICAN WATER COMPANY
REFERENCE:
Marina Coast returns suit against Cal Am, county seeking more than $18 million
Posted: 08/05/15, 6:24 PM PDT
Case No.: CGC-15-547125
CASE NUMBER: CGC-15-547125 MARINA COAST WATER DISTRICT VS. CALIFORNIA-AMERICAN WATER COMPANY
REFERENCE:
Marina Coast returns suit against Cal Am, county seeking more than $18 million
Posted: 08/05/15, 6:24 PM PDT
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