, ; 8 j 1 1 (; _ :: 0 1 5 Robert G. Kuhs, SBN 01 Bernard C. Barmann, Jr., SBN 180 Kuh s & Parker P. O. 80x 05 00 Truxtun Avenue, Suite 00 Bakersfield, CA 0 Telephone: (1) -00 Facsimi le: (1) -0 E-Mail: bba rmann<i"kuhsparkerlaw.com Attorneys for Granite Construction Company SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF LOS ANGELES - CENTRAL DISTRICT ANTELOPE VALLEY GROU"nWATER CASES INCLUDED ACTIONS: Los AngeJes County Waterworks District No. 0 v. Diamond Fanning Co. Superior Court of California. COllnty of Los Angeles, Case No. Be 501 ; Los Angeles County Watcnvorks District No. 0 v. Diamond Fanning Co.. Superior Court of California, County of Kern. Case No. S 1500-CV- 58; Wm. Bolthouse Farms. Inc. v. City of Lancaster. Diamond Fanning Co. \t. Lancaster, Diamond Farming Co. v. Palmdale Water Dist., Superior Court of Cali fomi a, County ofri\tersidc. Case No. RIC 580. RIC. RIC 8 Rebecca Lee Willis v. Los Angeles County Waterworks District No. 0 Superior Court of Cal ifornia. County of los Angeles. Case No. Be 55 Wood v. A.V. Materials. Inc.. et af.. Superior Court ofcalifomi~. County of Los Angeles, Case No. Be 505 Little Rock Sand and Gravel. Inc. \t. Granite Construction Co.. Superior Court of California, County of Los Angeles, North Judicial District. Case No. MC0 Judicial Council Coordination No. 08 Santa Clara Case No. I-05-CV-0Q05 Assigned to J lonorable Jack Komar STIPULATION AND /proposed) ORDER INTERPRETING THE JUDGMENT AND PARTITIONING THE EXHIBIT "Granite Construction Company (Little Rock Sand and Gravel, Inc.)" PRODUCTION RIGHT Date: June.0l8 Time: :00 a. m_ Dept: 5. Room 5 1, 5th Floor STIPULA non AND [Proposed] ORDER INTER?RETI'NG THE JU DGMENT AND PARTITIONING THE EXHIBIT "Gronitc COtlstiuction Comp:my (Little Rock Sand and Gravel, 1nc,)" PRODUCTIO't'- RIGHT
? B :0 1 1 0 1 LITTLE ROCK SAND AND GRAVEL fnc. ("Little Rock") and GRANITE CONSTRUCTION COMPANY ('"Granite'") hereby stipulate as follows: I. RECITALS A. All of the cases seeking a judicial determination as to all rights to groundwater in the Antelope Valley Groundwater Basin were consolidated and coordinated as Judicial Council Coordination Proceeding No. 08 and assigned as the Antelope Valley Groundwater Cases CAY Cases") to the Santa Clara County Superior Court, Hon, Jack Komar. B. The Court entered Judgment in the Antelope Valley Groundwater Cases on December 8, 015. c. In March 01. Little Rock filed a complaint in Los Angeles County Superior Court, Little Rock Sand and Gravel. Inc. v. Granite Construction Company. Case No. MC0 (the "add-on case"). Little Rock's Verified First Amended Complaint alleged causes of action to quiet title and for declaratory rejiefregarding the acre foot (AF) Production Right allocalcd to "Granite Construction Company (Little Rock Sand and Gravel. Inc.)" in Exhibit to the Judgment. D. Judge Komar ordered coordination of the add-on case with the previously coordinated A V Cases. and ordered that the issues and disputes between Granite and Little Rock {colleclively, the "Stipulating Parties") raised in the pleadings filed in the add-on case shall be resolved by law and motion practice pursuant to Paragraph.5 ofthe Judgment and Physical Solution entered in the A V Cases. E. Granite filed a Motion To Illterpret And Enforce The Judgment And To Partition The Exhibit "Granite Construction Company (Little Rock Sand And Gravid, Tnc.)" Production Right ("Granite's Motion") and Little Rock filed an Opening Brief of Little Rock Sand and Gravel, Inc. Re Title to Groundwater Allocation Al'ising From Little Rock Sand And Gravel's Land And Granted Under Judgment And Physical Solution ("Little Rock's Opening Brief'), F. Granite's Motion and the issues raised in Little Rock's Opening Briefwere heard by 8 Judge Komar on June,0. During a recess in the proceedings, the Stipulating Parties reached an agreement to resolve their disputes raised in Granite's Motion and Little Rock's 1 STIPULATION AND [Proposed] ORDER PARTlTlONING THE EXHIBIT "Granite Constfllt;"tion Company (Little Rock Sand and Gravel, Inc.)" PRODUCTION RIGHT
J Opening Brief. which agreement was put on the record in open court before Judge Komar and acknowledged by representatives of Granite and Little Rock. II. STIPULATION NOW THEREFORE. it is hereby stipulated by and between Gmnite and little Rock that the Court may enter the Order sel fo rth below. 1 July l' 0lR LlTrLE ROC SAND AND GRA VEL. INC. Dated; Ju ly ~. 0 MUS I~ ARRETr' LLP By S ce ph ~ R. Isbell, Atto,rneys for LiWc Rock Sand and Gravel. Inc. 1 ') Ju ly _, 0 ls GRANIT E CONSTRUCTION COMPANY BY~~~~ Kyle T. Larkin Senior Vice President 0 Dated; July _ 0 KUHS & PARKER " B y.~_~~ ~ Bernard C. Bannann. Jr.. Alrneys for Granite Construction Company 5 8 III. ORDER Upon reading the foregoin g Stipulation of the parties. and good cause appearing thcl'dor. IT IS HEREBY ORDERED th at: I. The Court hereby declares that Ihe acre- feel r-a F") of water Production Right allocated in Exhibit to the Judgment "Gmn ite Construction Company (lih le Rock, ST IP ULA TJO~ AND [Proposed] ORDER PARTITION1NG THE EXH IBIT "Omnitc Co nstruction Company {Lillie Rock Sand and GI ' ~. ve l. inc.)" PRODUCTION RIGHT
5 Opening Brief, which agreement was put on the record in open court before Judge Komar and acknowledged by representatives of Granite and Little Rock. II. STIPULATION NOW THEREFORE, it is hereby stipulated by and between Granite and Little Rock that the Court may enter the Order set forth below. July_, 0 LITTLE ROCK SAND AND GRAVEL, INC. 8 By George M. Lane, President July --,0 MUSICK, PEELER & GARRETT, LLP 1 1 By Stephen R. Isbell, Attorneys for Little Rock Sand and Gravel, Inc. 15 July ~0 GRANITE CONSTRUCTION COMPANY 1 1 f/ ;f BY:>J/ Kiy(e T. Larkin Senior Vice President 0 July -0 KUHS & PARKER 1 BY_~~----------'=-------""<~ -----+ Bernard C. Barmann, Jr., Attorne Granite Construction Company 5 8 III. ORDER Upon reading the foregoing Stipulation of the parties, and good cause appearing therefor, IT IS HEREBY ORDERED that: 1. The Court hereby declares that the acre-feet ("AF") of water Production Right allocated in Exhibit to the Judgment to "Granite Construction Company (Little Rock STIPULATION AND [Proposed] ORDER PARTITIONING THE EXHIBIT "Granite Construction Company (Little Rock Sand and Gravel, Inc.)" PRODUCTION RIGHT
! Sand and Gravel. Inc.)" sball be divided eq ually-i 1 AF to Granite, AF to Little Rockand is he reby ordered partitioned in the $arne fashion. 5. The Pre-Rampdown Production Allowance 0 (00 AF is divided equally----00 AF Granite. 00 AF to Linle Rock--and is hereby ordered partirioned in the same fa..c:;hion. Granite shall continue to htlvc: the righllo use Lillie Rock's Exhibit AF Production Right and Pre-Rampdown Production AlIow<im:c during the tenn orthe lease between the Stipulating Parties dated April 8, 18. as. amended, so long as the lease is in force and effect. lq 1.. 15. Little Rock shall dismiss the add-on case with prejudice within ten () calendar days of entry of this Order. 5. Litlle Rock has the right to vote little Rock's!! AF Production Right under the: Judgment and Physica l Solution. Granite will pay Ihe Adminislr.ttive Assessment associated with Little Rock's A F during the tenn of the lease so long as the lease is in force and effect.. Each party shall beal' its own attomcys' fees and costs incurred in connection with 01' arising out of the add-on case. Granite's MOli on, Li ttl e Rock's Opening Brief and the preparation oftn.is Stipulation and (proposed) Order. 1, 0 Honorable Jack Komar (Ret.) Judge of the Superior Court ' STIPULATIO:-I AND [Propo..ed] ORDER PARTITIONING THE EXHIBIT "Granite Construction Company (Link Roc!.. S~nd and Gnwcl, Inc.)" PRODUCTION R!GHT