INTRODUCTION AND SUMMARY
Cal-Am’s request for official notice of a letter from Joe Gunter (Mayor of the City of Salinas) is improper. A letter from a city’s mayor expressing his unsupported opinion is not an “official act” under Section 452(c) of the California Evidence Code. Even if it were, official notice cannot be used for the truth of the matter asserted. At most, the Commission could recognize only the existence of the letter, yet Cal-Am improperly attempts to use the letter as evidence of its contents. Mayor Gunter did not participate in the evidentiary hearings in this proceeding; the opinion expressed in his letter has not been subject to cross-examination and does not cite to any support. For all of these reasons, MRWPCA respectfully requests that the Commission deny Cal-Am’s request for official notice.
Cal-Am’s request for official notice of a letter from Joe Gunter (Mayor of the City of Salinas) is improper. A letter from a city’s mayor expressing his unsupported opinion is not an “official act” under Section 452(c) of the California Evidence Code. Even if it were, official notice cannot be used for the truth of the matter asserted. At most, the Commission could recognize only the existence of the letter, yet Cal-Am improperly attempts to use the letter as evidence of its contents. Mayor Gunter did not participate in the evidentiary hearings in this proceeding; the opinion expressed in his letter has not been subject to cross-examination and does not cite to any support. For all of these reasons, MRWPCA respectfully requests that the Commission deny Cal-Am’s request for official notice.
CONCLUSION
For the reasons stated above, the Commission should deny Cal-Am’s request for official notice.
RESPONSE OF MONTEREY REGIONAL WATER POLLUTION CONTROL AGENCY TO CALIFORNIA-AMERICAN WATER COMPANY’S REQUEST FOR OFFICIAL NOTICE
RESPONSE OF MONTEREY REGIONAL WATER POLLUTION CONTROL AGENCY TO CALIFORNIA-AMERICAN WATER COMPANY’S REQUEST FOR OFFICIAL NOTICE
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