The INTRODUCTION of MARINA COAST WATER DISTRICT’S MOTION FOR AN ORDER UNSEALING EVIDENCE, SETTING ASIDE DECISIONS AND ESTABLISHING A BRIEFING SCHEDULE ON REMAND OF PETITION FOR WRIT OF REVIEW FROM THE CALIFORNIA SUPREME COURT (No. S230728) DIRECTING THE COMMISSION’S RECONSIDERATION states, in part, as follows:
In accordance
with Rule 11 of the Commission’s Rules of Practice and Procedure, Marina Coast
Water District (“MCWD”) respectfully moves the Commission to
(1) reverse its
prior determination that Exhibit D to the instant application, a public
document under Los Angeles County Bd. of Supervisors v. Superior Court
(ACLU) (2016) 2 Cal.5th 282, be sealed from disclosure to parties that have
chosen not to sign a nondisclosure agreement,
(2) direct that
Exhibit D, a public document consisting of the legal invoices of a public
agency for services rendered in A.04-09-019 – a proceeding that was closed in
2012 – be placed forthwith in the Commission’s public file in this matter and
be served on all parties that have not previously been served with Exhibit D,
(3) vacate or
set aside Decision (“D.”) 15-03-002 and D.15-10-052 (the “Decisions”) to
facilitate their fair reconsideration as directed by the Supreme Court, and
(4) set a
briefing schedule for reconsideration of the Decisions, consistent with the California
Supreme Court’s order in its cause number S230728,1 dated May 10, 2017 (the “Remand
Order”), as well as the Commission’s process relating to potentially
confidential documents, as set forth in D.16-08-024, which was developed during
the time that the Supreme Court had jurisdiction of the Decisions and following
the grant of MCWD’s petition for writ of review.
Importantly,
regarding Exhibit D, “documentation of MCWRA’s legal fees incurred in
A.04-09-019” under seal and redacted, “The Court held that the invoices of a public
agency for legal services rendered on matters that have concluded are subject
to public disclosure.” As of today, the
Commission’s website does not indicate that action has taken place in response
to the Remand Order.
MARINA COAST WATER DISTRICT’S MOTION FOR AN ORDER UNSEALING EVIDENCE, SETTING ASIDE DECISIONS AND ESTABLISHING A BRIEFING SCHEDULE ON REMAND OF PETITION FOR WRIT OF REVIEW FROM THE CALIFORNIA SUPREME COURT (No. S230728) DIRECTING THE COMMISSION’S RECONSIDERATION
IN THE SUPREME COURT OF CALIFORNIA
LOS ANGELES COUNTY BOARD OF SUPERVISORS et al., Petitioners, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; ACLU OF SOUTHERN CALIFORNIA et al., Real Parties in Interest.
S226645
Ct. App. 2/3 B257230
Los Angeles County
Super. Ct. No. BS145753
Decision 15-03-002 March 12, 2015
Decision 15-10-052 October 22, 2015
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