SUPERIOR COURT OF THE STATE OF CALIFORNIA

Transcription

1 WAYNE K. LEMIEUX (SBN 01 W. KEITH LEMIEUX (SBN 0 CHRISTINE CARSON (SBN. LEMIEUX & O'NEILL 1 E. Thousand Oaks Blvd., Suite 0 Westlake Village, CA 1 Telephone: (0-0 Facsimile: (0 - Attorneys for Cross-complainants LITTLEROCK CREEK IRRIGATION DISTRICT, PALM RANCH IRRIGATION DISTRICT, Defendants NORTH EDWARDS WATER DISTRICT, DESERT LAKE COMMUNITY SERVICES DISTRICT, LLANO DEL RIO WATER CO., LLANO MUTUAL WATER CO., BIG ROCK MUTUAL WATER CO. SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF LOS ANGELES CENTRAL DISTRICT Coordinated Proceeding Special Title (Rule (b ANTELOPE VALLEY GROUNDWATER CASES Included Actions: Los Angeles County Waterworks District No. 0 v. Diamond Farming Co. Los Angeles County Superior Court Case No. BC 01; Los Angeles County Waterworks District No. 0 v. Diamond Farming Co., Kern County Superior Court, Case No. S-0-CV-; Wm. Bolthouse Farms, Inc. v. City of Lancaster Diamond Farming Co. v. City of Lancaster v. Palmdale Water District, Riverside County Superior Court, Consolidated Actions, Case Nos. RIC 0, RIC, RIC AND RELATED CROSS-ACTIONS Judicial Council Coordination No. 0 Santa Clara Case No. 1-0-CV-00 Assigned to the Honorable Jack Komar Dept. 1 LITTLEROCK CREEK IRRIGATION DISTRICT S RESPONSE TO GRIMMWAY ENTERPRISES, INC. S REQUEST FOR ADMISSIONS (SET ONE Rsp.RFA1.LCID.Docx - 1 RESPONSE TO GRIMMWAY ENTERPRISES, INC. S REQUEST FOR ADMISSIONS (SET 1

2 PROPOUNDING PARTY: GRIMMWAY ENTERPRISES, INC. S RESPONDING PARTY: LITTLEROCK CREEK IRRIGATION DISTRICT SET NO.: ONE (Nos. 1-1 Littlerock Creek Irrigation District ( Responding Party hereby responds to Grimmway Enterprises, Inc. s ( Propounding Party First Set of Requests For Admissions, as follows: PRELIMINARY STATEMENT AND GENERAL OBJECTIONS Each of the following responses and/or objections is based on information presently known by or reasonably available to the Responding Party at the time of preparation of these responses and/or objections. The Responding Party has not yet completed its discovery or investigation or the preparation of this case for trial. Accordingly, the responses set forth herein are provided without prejudice to the Responding Party s rights to produce evidence of any subsequently discovered facts or interpretations thereof, and/or to add or to modify or otherwise change or amend the responses herein. The Responding Party assumes no obligation to voluntarily supplement or amend this response to reflect such facts, testimony or other evidence. The information hereinafter set forth is true and correct to the best of the Responding Party s knowledge at this particular time, but is subject to correction for inadvertent errors or omissions, if any errors or omissions shall be found to exist. The Responding Party objects to each and every request for admission as it does not comply with Code of Civil Procedure Section 0.00(d, which provides: Each request for admission shall be full and complete in and of itself. No preface or instruction shall be included.... The Responding Party objects to each and every request for admission insofar as it seeks admission of a legal matter, without reference to any fact, which is beyond the scope of discovery permitted by Code of Civil Procedure Section 0.0. The Responding Party objects to each and every request for admission insofar as it calls for the disclosure of information protected by the attorney-client privilege, the work production doctrine, the deliberative process privilege, the official information privilege, and the right of privacy or any other applicable privilege. The Responding Party objects to each and every request for admission insofar as it Rsp.RFA1.LCID.Docx - RESPONSE TO GRIMMWAY ENTERPRISES, INC. S REQUEST FOR ADMISSIONS (SET 1

3 seeks privileged information protected from disclosure by the privacy interests of the individuals involved, as well as by applicable evidentiary rules. The Responding Party does not intend to waive such privileges, and responses to these request for admissions are not intended and should not be construed as a waiver. Each of the foregoing general objections and qualifications are incorporated in full in each of the responses set forth below, as if fully set forth therein, and each of the responses below are provided subject to, and without waiving, the general objections and qualifications asserted herein. RESPONSES TO REQUEST FOR ADMISSIONS RESPONSE TO REQUEST FOR ADMISSION NO. 1: admission as it does not comply with Code of Civil Procedure Section 0.00(d, which provides: included.... Responding Party also objects to this Request for Admission because it seeks admission of a legal matter, without reference to any fact, which is beyond the scope of discovery permitted by Code of Civil Procedure Section 0.0. Responding Party also objects to this Request for Admission because it seeks admission of a legal matter, without reference to any fact, which is beyond the scope of discovery permitted by Code of Civil Procedure Section 0.0. Responding Party objects to this request as the term acquired is undefined and is vague and ambiguous as used in this request. This request seeks premature disclosure of expert opinion in violation of Code of Civil Procedure Sections 0.0, 0.0 and 0.0 and attorney work product in violation of Code of Civil Procedure Sections and Without waiving the foregoing objections, Responding Party responds as follows: Deny. RESPONSE TO REQUEST FOR ADMISSION NO. : Rsp.RFA1.LCID.Docx - RESPONSE TO GRIMMWAY ENTERPRISES, INC. S REQUEST FOR ADMISSIONS (SET 1

4 admission as it does not comply with Code of Civil Procedure Section 0.00(d, which provides: included.... Responding Party also objects to this request as the phrase real property owned by propounding party is vague and ambiguous as incorporated in this request. This request seeks premature disclosure of expert opinion in violation of Code of Civil Procedure Sections 0.0, 0.0 and 0.0 and attorney work product in violation of Code of Civil Procedure Sections and Without waiving the foregoing objections, Responding Party responds as follows: Deny. RESPONSE TO REQUEST FOR ADMISSION NO. : admission as it does not comply with Code of Civil Procedure Section 0.00(d, which provides: Civil Procedure Section 0.0. Responding Party objects to this request as the phrases acquired and real property owned by propounding party are undefined and are vague and ambiguous as used in this 1 request. This request seeks premature disclosure of expert opinion in violation of Code of Civil Procedure Sections 0.0, 0.0 and 0.0 and attorney work product in violation of Code of Civil Procedure Sections and Without waiving the foregoing objections, Responding Party responds as follows: Deny. RESPONSE TO REQUEST FOR ADMISSION NO. : admission as it does not comply with Code of Civil Procedure Section 0.00(d, which provides: Rsp.RFA1.LCID.Docx - RESPONSE TO GRIMMWAY ENTERPRISES, INC. S REQUEST FOR ADMISSIONS (SET 1

5 Civil Procedure Section 0.0. Responding Party also objects to this interrogatory as it is irrelevant, overbroad, burdensome, harassing, and not likely to lead to the discovery of relevant, admissible evidence. RESPONSE TO REQUEST FOR ADMISSION NO. : admission as it does not comply with Code of Civil Procedure Section 0.00(d, which provides: Civil Procedure Section 0.0. Responding Party objects to this request as the phrases actual notice, pumping water and under a claim of right are undefined and are vague and ambiguous as used in this request. Responding Party further objects to this interrogatory as it calls for speculation. This request seeks premature disclosure of expert opinion in violation of Code of Civil Procedure Sections 0.0, 0.0 and 0.0 and attorney work product in violation of Code of Civil Procedure Sections and RESPONSE TO REQUEST FOR ADMISSION NO. : admission as it does not comply with Code of Civil Procedure Section 0.00(d, which provides: Civil Procedure Section 0.0. Responding Party also objects to this interrogatory as it is irrelevant, overbroad, burdensome, harassing, and not likely to lead to the discovery of relevant, admissible Rsp.RFA1.LCID.Docx - RESPONSE TO GRIMMWAY ENTERPRISES, INC. S REQUEST FOR ADMISSIONS (SET 1

6 1 1 evidence. Responding Party objects to this request as the phrases actual notice, pumping water and notorious manner are undefined and are vague and ambiguous as used in this request. Responding Party further objects to this interrogatory as it calls for speculation. This request seeks premature disclosure of expert opinion in violation of Code of Civil Procedure Sections 0.0, 0.0 and 0.0 and attorney work product in violation of Code of Civil Procedure Sections and RESPONSE TO REQUEST FOR ADMISSION NO. : Objections as though expressly set forth herein. The Responding Party objects to this request for admission as it does not comply with Code of Civil Procedure Section 0.00(d, which provides: Each request for admission shall be full and complete in and of itself. No preface or instruction shall be included.... Responding Party objects to this Request for Admission because it seeks admission of a legal matter, without reference to any fact, which is beyond the scope of discovery 1 permitted by Code of Civil Procedure Section 0.0. Responding Party also objects to this interrogatory as it is irrelevant, overbroad, burdensome, harassing, and not likely to lead to the discovery of relevant, admissible evidence. Responding Party objects to this request as the phrases actual notice, pumping water and exclusive manner are undefined and are vague and ambiguous as used in this request. Responding Party further objects to this interrogatory as it calls for speculation. This request seeks premature disclosure of expert opinion in violation of Code of Civil Procedure Sections 0.0, 0.0 and 0.0 and attorney work product in violation of Code of Civil Procedure Sections and RESPONSE TO REQUEST FOR ADMISSION NO. : admission as it does not comply with Code of Civil Procedure Section 0.00(d, which provides: Rsp.RFA1.LCID.Docx - RESPONSE TO GRIMMWAY ENTERPRISES, INC. S REQUEST FOR ADMISSIONS (SET 1

7 Civil Procedure Section 0.0. Responding Party also objects to this interrogatory as it is irrelevant, overbroad, burdensome, harassing, and not likely to lead to the discovery of relevant, admissible evidence. Responding Party objects to this request as the phrases actual notice, pumping water and continuous manner are undefined and are vague and ambiguous as used in this request. Responding Party further objects to this interrogatory as it calls for speculation. This request seeks premature disclosure of expert opinion in violation of Code of Civil Procedure Sections 0.0, 0.0 and 0.0 and attorney work product in violation of Code of Civil Procedure Sections and RESPONSE TO REQUEST FOR ADMISSION NO. : admission as it does not comply with Code of Civil Procedure Section 0.00(d, which provides: Civil Procedure Section 0.0. Responding Party also objects to this interrogatory as it is irrelevant, overbroad, burdensome, harassing, and not likely to lead to the discovery of relevant, admissible evidence. Responding Party objects to this request as the phrases actual notice, pumping water and hostile and adverse manner are undefined and are vague and ambiguous as used in this request. Responding Party further objects to this interrogatory as it calls for speculation. This request seeks premature disclosure of expert opinion in violation of Code of Civil Procedure Sections 0.0, 0.0 and 0.0 and attorney work product in violation of Code of Civil Procedure Sections and Rsp.RFA1.LCID.Docx - RESPONSE TO GRIMMWAY ENTERPRISES, INC. S REQUEST FOR ADMISSIONS (SET 1

8 RESPONSE TO REQUEST FOR ADMISSION NO. : admission as it does not comply with Code of Civil Procedure Section 0.00(d, which provides: included.... Responding Party also objects to this interrogatory as it is irrelevant, overbroad, burdensome, harassing, and not likely to lead to the discovery of relevant, admissible evidence. Responding Party objects to this request as the phrase pumped groundwater west of the Bedrock Ridge is vague and ambiguous as used in this request. This request seeks premature disclosure of expert opinion in violation of Code of Civil Procedure Sections 0.0, 0.0 and 0.0 and attorney work product in violation of Code of Civil Procedure Sections and RESPONSE TO REQUEST FOR ADMISSION NO. : admission as it does not comply with Code of Civil Procedure Section 0.00(d, which provides: included.... Responding Party also objects to this interrogatory as it is irrelevant, overbroad, burdensome, harassing, and not likely to lead to the discovery of relevant, admissible evidence. Responding Party objects to this request as the terms wells and down-gradient are undefined and are vague and ambiguous as used in this request. This request seeks premature disclosure of expert opinion in violation of Code of Civil Procedure Sections 0.0, 0.0 and 0.0 and attorney work product in violation of Code of Civil Procedure Sections and RESPONSE TO REQUEST FOR ADMISSION NO. 1: admission as it does not comply with Code of Civil Procedure Section 0.00(d, which provides: Rsp.RFA1.LCID.Docx - RESPONSE TO GRIMMWAY ENTERPRISES, INC. S REQUEST FOR ADMISSIONS (SET 1

9 Civil Procedure Section 0.0. Responding Party objects to this request as the phrase impact, groundwater levels and any well are undefined and are vague and ambiguous as used in this request. This request seeks premature disclosure of expert opinion in violation of Code of Civil Procedure Sections 0.0, 0.0 and 0.0 and attorney work product in violation of Code of Civil Procedure Sections and RESPONSE TO REQUEST FOR ADMISSION NO. 1: admission as it does not comply with Code of Civil Procedure Section 0.00(d, which provides: Civil Procedure Section 0.0. Responding Party objects to this request as the terms interfered, exercise, and groundwater rights are undefined and are vague and ambiguous as used in this request. This request seeks premature disclosure of expert opinion in violation of Code of Civil Procedure Sections 0.0, 0.0 and 0.0 and attorney work product in violation of Code of Civil Procedure Sections and RESPONSE TO REQUEST FOR ADMISSION NO. 1: Objections as though expressly set forth herein. The Responding Party objects to this request for admission as it does not comply with Code of Civil Procedure Section 0.00(d, which provides: Each request for admission shall be full and complete in and of itself. No preface or instruction shall be included.... Responding Party objects to this Request for Admission because it seeks admission of a legal matter, Rsp.RFA1.LCID.Docx - RESPONSE TO GRIMMWAY ENTERPRISES, INC. S REQUEST FOR ADMISSIONS (SET 1

10 without reference to any fact, which is beyond the scope of discovery permitted by Code of Civil Procedure Section 0.0. Responding Party also objects to this interrogatory as it is irrelevant, overbroad, burdensome, harassing, and not likely to lead to the discovery of relevant, admissible evidence. Responding Party objects to this request as the terms wells, interfered, and operation are undefined and are vague and ambiguous as used in this request. This request seeks premature disclosure of expert opinion in violation of Code of Civil Procedure Sections 0.0, 0.0 and 0.0 and attorney work product in violation of Code of Civil Procedure Sections and DATED: January, 01 LEMIEUX & O'NEILL /s/ Christine Carson By W. KEITH LEMIEUX CHRISTINE CARSON Attorneys for Cross-Complainant LITTLEROCK CREEK IRRIGATION DISTRICT Rsp.RFA1.LCID.Docx - RESPONSE TO GRIMMWAY ENTERPRISES, INC. S REQUEST FOR ADMISSIONS (SET 1