CASES Proceeding No. 4408

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WM. MATTHEW DITZHAZY City Attorney

City of Palmdale

RICHARDS, WATSON & GERSHON A Professional Corporation

JAMES L. MARKMAN (43536) (jmarkman~rwglaw.com) STEVEN R. ORR (136615) (sorr~rwglaw.com)

WHITNEY G. MCDONALD (245587) (wmcdonald~rwglaw.com) 355 South Grand Avenue, 40th Floor .

Los Angeles, CA 90071-3101 Telephone: (213) 626-8484 Facsimile: (213) 626-0078

Attorneys for Defendant, Cross-Complainant, and Cross-Defendant CITY OF PALMDALE

SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA

ANTELOPE VALLEY GROUNDWATER Judicial Council Coordination

CASES Proceeding No. 4408

Included Actions:

Los Angeles County Waterworks District No. 40 v. Diamond Farming Co.

Superior Court of California

County of Los Angeles, Case No. BC 325201

Los Angeles County Waterworks District No. 40 v. Diamond Farming Co.

Superior Court of California, County of Kern, Case No. S-1500-CV-254-348

Wm. Bolthouse Farms, Inc. v. City of

Lancaster

Diamond Farming Co. v. City of Lancaster

Diamond Farming Co. v. Palmdale Water District

Superior Court of California, County of Riverside, consolidated actions, Case Nos.

RIC 353840, RIC 344436, RIC 344668

PROPOUNDING PARTY:

RESPONDING PARTY:

RESPONSE TO FORM INTERROGA TORIES

(SET NO. ONE)

Phase 2 Trial: October 6, 2008

(Hon. Jack Komar)

(Exempt from Filing Fees Pursuant to Govt Code

§6103)

REBECCA LEE WILLIS CITY OF PALMDALE

SET NO. ONE

P6399-1234\ 1 069774v l.doc

Response to Fonn Interrogatories (Set One)

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PRELIMINARY STATEMENT AND GENERAL OBJECTIONS

The following responses by the City of Palmdale ("Palmdale") to the first set of form interrogatories propounded by the Rebecca Lee Wilis ("Willis") are made solely

for the purpose of this action and are based on information presently available to

Palmdale. Given the early stages of discovery, Palmdale anticipates that it may discover further information after the date of service of these responses and hereby reserves the right to amend, supplement or modify these responses to reflect the result of ongoing investigation, discovery, document review and analysis. However, nothing in these responses shall be construed to impose a duty on Palmdale to voluntarily update these responses, absent a formal request by Wilis pursuant to the applicable provisions of the Code of Civil Procedure.

Palmdale objects to each and every form interrogatory to the extent it requests information protected from disclosure by the joint defense privilege, the attorney-client privilege (Evidence Code §§ 950, et seq.), and/or information immune from discovery

under the attorney work product doctrine (Code of Civil Procedure §§ 2018.010, et seq.).

Each response contained herein is subject to all applicable objections (including, but not limited to, objections concerning competency, relevancy, materiality, propriety, and admissibility), which require the exclusion of any said response in any court hearing or proceeding. All such objections and grounds are reserved and may be interposed at the time of triaL.

Palmdale objects to each interrogatory to the extent that it seeks information that is the subject of expert witness study and/or testimony yet to be developed by the parties.

Palmdale's investigation is stil continuing and Palmdale reserves the right to supplement or modify its responses to these interrogatories.

Palmdale incorporates all of these objections (the "General Objections") into each

of the responses herein. Subject to and without waiving any of the foregoing, Palmdale

responds as follows:

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P6399-1234\ I 069774v l.doc Response to Fonn Interrogatories (Set One)

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RESPONSE TO FORM INTERROGATORIES

FORM INTERROGATORY NO. 1.1:

State the name, ADDRESS, telephone number, and relationship to you of each PERSON who prepared or assisted in the preparation of the responses to these

interrogatories. (Do not identify anyone who simply typed or reproduced the responses.) RESPONSE TO FORM INTERROGATORY NO. 1.1:

James L. Markman, Steven R. Orr, Erin L. Powers, Whitney G. McDonald Richards, Watson & Gershon

355 South Grand Avenue, 40th Floor Los Angeles, California 90071 (213) 626-8484

Counsel to the City of Palmdale

Are you a corporation? If so, state:

(a) (b)

the name stated in the current articles of incorporation;

all other names used by the corporation during the past 10 years and the

dates each was used;

the date and place of incorporation;

the ADDRESS of the principal place of business; and

(c) (d)

(e) whether you are qualified to do business in California.

RESPONSE TO FORM INTERROGATORY NO. 3.1:

No.

Are you a partnership? If so, state:

(a) the current partnership name;

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P6399-1234\ 1 069774v l.doc Response to Fonn Interrogatories (Set One)

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(b) all other names used by the partership during the past 10 years and the

(c) jurisdiction;

(d) (e)

whether you are a limited partnership and, if so, under the laws of what

the name and ADDRESS of each general partner; and

the ADDRESS of the principal place of business.

No.

Are you a limited liability company? If so, state:

(a) (b) each was used;

(c) (d) (e)

the name stated in the current articles of organization;

all other names used by the company during the past 10 years and the date

the date and place of filing of the articles of organization;

the ADDRESS of the principal place of business; and

whether you are qualified to do business in California.

No.

Are you a joint venture? If so, state:

(a) (b)

the current j oint venture name;

all other names used by the joint venture during the past 10 years and the

(c) (d)

the name and ADDRESS of each joint venturer; and

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No.

Are you an unincorporated association? If so, state:

(a) (b)

the current unincorporated association name;

all other names used by the unincorporated association during the past 10 years and the dates each was used; and

(c) the ADDRESS of the principal place of business.

No.

Have you done business under a fictitious name during the past 10 years? If so, for each fictitious name state:

(a) (b) (c) (d)

the name;

the dates each was used;

the state and county of each fictitious name filing; and

No.

Within the past five years has any public entity registered or licensed your businesses? If so, for each license or registration:

(a) (b) (c)

identify the license or registration;

state the name of the public entity; and state the dates of issuance and expiration.

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P6399-1234\ 1 069774v l.doc

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No.

State the name, ADDRESS, and telephone number of each individual:

(a) who witnessed the INCIDENT or the events occurrng immediately before or after the INCIDENT;

(b) (c)

who made any statement at the scene of the INCIDENT;

who heard any statements made about the INCIDENT by any individual at the scene; and

(d) who YOU OR ANYONE ACTING ON YOUR BEHALF claim has knowledge of the INCIDENT (except for expert witnesses covered by Code of Civil Procedure Section 2034).

RESPONSKTO FORM INTERROGATORY NO. 12.1:

The District incorporates by this reference the Preliminary Statement and General Objections as though expressly set forth herein. The District objects to this Form

Interrogatory as improper because "characteristic of the Basin/aquifer," "safe yield" and

"overdraft" are not incidents. The District objects to this Interrogatory to the extent that it requests information protected by the attorney work product doctrine and attorney- client privilege. This Interrogatory is the subject of expert witness investigation and may be answered at the time such expert witness investigation is appropriately disclosed pursuant to Court Order and the Code of Civil Procedure

Have YOU OR ANYONE ACTING ON YOUR BEHALF interviewed any individual concerning the INCIDENT? If so, for each individual state:

(a) (b)

the name, ADDRESS, and telephone number of the individual interviewed;

the date of the interview; and

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(c) the name, ADDRESS, and telephone number of the PERSON who conducted the interview.

Have YOU OR ANYONE ACTING ON YOUR BEHALF obtained a written or recorded statement from any individual concerning the INCIDENT? If so, for each statement state:

(a) the name, ADDRESS, and telephone number ofthe individual from whom the statement was obtained;

(b) the name, ADDRESS, and telephone number of the individual who obtained the statement;

(c) (d)

the date the statement was obtained; and

the name, ADDRESS, and telephone number of each PERSON who has the original statement or a copy.

"overdraft" are not incidents. The District objects to this Interrogatory to the extent that

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P6399-1234\1 069774v l.doc Response to Fonn Interrogatories (Set One)

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it requests information protected by the attorney work product doctrine and attorney- client privilege. This Interrogatory is the subject of expert witness investigation and may be answered at the time such expert witness investigation is appropriately disclosed pursuant to Court Order and the Code of Civil Procedure

Do YOU OR ANYONE ACTING ON YOUR BEHALF know of any

photographs, fims, or videotapes depicting any place, object, or individual concerning the INCIDENT or plaintiffs injuries? If so, state:

(a) (b) (c) (d)

the number of photographs or feet of fim or videotape;

the places, objects, or persons photographed, fimed, or videotaped;

the date the photographs, films, or videotapes were taken;

the name, ADDRESS, and telephone number of the individual taking the

photographs, fims, or videotapes; and

(e) the name, ADDRESS, and telephone number of each PERSON who has the original or a copy of the photographs, fims, or videotapes.

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Do YOU OR ANYONE ACTING ON YOUR BEHALF know of any diagram, reproduction, or model of any place or thing (except for items developed by expert

witnesses covered by Code of Civil Procedure Section 2034) concerning the INCIDENT?

If so, for each item state:

(a) (b) (c)

the type (i.e., diagram, reproduction, or model);

the subject matter; and

the name, ADDRESS, and telephone number of each PERSON who has it.

"overdraft" are not incidents. The Distrct objects to this Interrogatory to the extent that it requests information protected by the attorney work product doctrine and attorney- client privilege. This Interrogatory is the subject of expert witness investigation and may be answered at the time such expert witness investigation is appropriately disclosed pursuant to Court Order and the Code of Civil Procedure

Was a report made by any PERSON concerning the INCIDENT? If so, state:

(a) the name, title, identification number, and employer of the PERSON who

made the report;

(b) (c)

the date and type of report made;

the name, ADDRESS, and telephone number of the PERSON for whom the

report was made; and

(d) the name, ADDRESS, and telephone number of each PERSON who has the original or a copy of the report.

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P6399-1234\1 069774v ¡.doc Response to Fonn Interrogatories (Set One)

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Have YOU OR ANYONE ACTING ON YOUR BEHALF inspected the scene of the INCIDENT? If so, for each inspection state:

(a) the name, ADDRESS, and telephone number of the individual making the inspection (except for expert witnesses covered by Code of Civil Procedure Section 2034); and

(b) the date of the inspection.

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Is your response to each request for admission served with these interrogatories an unqualified admission? If not, for each response that is not an unqualified admission:

(a) (b) (c)

state the number of the request;

state all facts upon which you base your response;

state the names, ADDRESSES, and telephone numbers of all PERSONS

who have knowledge of those facts; and

(d) identify all DOCUMENTS and other tangible things that support your responses and state the name, ADDRESS, and telephone number of the PERSON who has each DOCUMENT or thing.

(a) 1,2,4,5,6.

(b) The Wilis Class is defined as people who do not pump and people who do not pump have no cognizable water rights to the extent that other parties prove prescriptive rights to groundwater in the Basin.

( c) Attorneys for Palmdale

(d) None.

(a) 3.

(b) This Interrogatory and Request for Admission are the subject of expert witness investigation and may be answered at the time such expert witness

investigation is appropriately disclosed pursuant to Court Order and the Code of Civil Procedure.

(c) Attorneys for Palmdale.

(d) None.

(a) 7,9, 10, 11, 12, 13, 14, 15, 17, 18, 19,20,30.

(b) Palmdale has never pumped groundwater from the basin.

( c) Attorneys for Palmdale; Michael 1. Mischel, Palmdale Director of Public Works.

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P6399-1234\1069774vl.doc Response to Fonn Interrogatories (Set One)

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(d) None.

(a) 8, 16,29.

(b) This request is the subject of expert witness study and/or testimony which has not yet been fully developed. See the expert witness report(s) yet to be

disclosed.

(c) Attorneys for Palmdale; Palmdale's expert witness(es).

(d) Expert witness report( s) yet to be disclosed.

(a) 21.

(b) This request is inapplicable to Palmdale because Palmdale does not claim any right of prescription against any other party. Palmdale has never pumped groundwater from the Basin.

(c) Attorneys for Palmdale; Michael 1. Mischel, Palmdale Director of Public Works.

(d) None.

(a) 22, 23, 24, 25, 37.

(b) These requests are inapplicable to Palmdale because Palmdale has never pumped groundwater from the Basin.

( c) Attorneys for Palmdale; Michael 1. Mischel, Palmdale Director of Public Works.

(d) None.

(a) 26.

(b) Palmdale denies this request because the failure of overlying users to produce water during a prescriptive period and thereby exercise self-help results in those overlying users' deprioritized water rights.

(d) None, other than relevant case law and legal authority.

(a) 27.

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P6399-1234\1069774vl.doc Response to Fonn Interrogatories (Set One)

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(b) Palmdale denied this request because it is vague, ambiguous, and unintelligible

particularly regarding the term "use of water."

(d) None.

(a) 28.

(b) Palmdale denied this request because it is vague, ambiguous, and

unintelligible. No authority exists whereby a public entity may administer such a permitting system.

(d) None.

(a) 31,32.

(b) Case law provides that the gaining of a prescriptive right does not amount to a compensable taking.

(a) 33.

(b) All parties are bound by the applicable provisions of the California Constitution.

(a) 34.

(b) Palmdale' s use of water supplied by others is to provide water to public facilities, which benefits the health, safety, and welfare of Palmdale residents.

(c) Attorneys for Palmdale; Michael J. Mischel, Palmdale Director of Public

Works.

(a) 35,36

(b) Palmdale has never issued "will serve" letters.

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P6399-1234\1 069774v l.doc Response to Fonn Interrogatories (Set One)

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(c) Attorneys for Palmdale; Michael J. Mischel, Palmdale Director of Public

Works.

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(d) None.

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Dated: July 14,2008 RICHARDS, WATSON & GERSHON

A Professional Corporation JAMES L. MARKMAN

STEVEN ORR

WHIT Y . MC NALD

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By: _{VEN R. RR}~

Attorneys for Defendant, Cross- Complainant, and Cross-Defendant CITY OF PALMDALE

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PROOF OF SERVICE I, Kelley Herrington, declare:

I am a resident of the State of California and over the age of eighteen years, and not a party to the within action; my business address is Richards, Watson & Gershon, 355 South 4 Grand Avenue, 40th Floor, Los Angeles, California 90071. On July 14, 2008, I served the within

documents:

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RESPONSE TO FORM INTERROGATORIES (SET NO. ONE)

o by causing facsimile transmission of the document(s) listed above from (213) 626-

0078 to the person(s) and facsimile number(s) set forth below on this date before 5:00 P.M. This transmission was reported as complete and without error. A copy

of the transmission report(s), which was properly issued by the transmitting facsimile machine, is attached. Service by facsimile has been made pursuant to a prior written agreement between the parties.

. by posting the document(s) listed above to the Santa Clara County Superior Court website in regard to the Antelope Valley Groundwater matter.

by placing the document(s) listed above in a sealed envelope and affxing a pre- paid air bill, and causing the envelope to be delivered to an agent fordelivery, or deposited in a box or other facility regularly maintained by , in an envelope or package designated by the express service carrer, with delivery fees paid or provided for, addressed to the person(s) at the addressees) set forth below.

o

o by personally delivering the document(s) listed above to the person(s) at the addressees) set forth below.

by causing personal delivery by First Legal Support Services, 1511 West Beverly

Boulevard, Los Angeles, California 90026 of the document(s) listed above to the

person( s) at the address( es) set forth below.

o

I declare under penalty of peijury under the laws of the State of California that the 19 above is true and correct.

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P6399\1 34\916886.1

Executed on July 14, 2008.