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NOSSAMAN, GUTHNER, KNOX & ELLIOTT, LLP
Frederic A. Fudacz, State Bar No. 50546
Henry S. Weinstock, State Bar No. 89765
Alfred E. Smith, State Bar No. 186257
445 South Figueroa Street, 31st Floor
Los Angeles, California 90071
Telephone: (213) 612-7800
Facsimile: (213) 612-7801
Attorneys for Defendants City of Arroyo Grande,
City of Grover Beach, City of Pismo Beach,
Oceano Community Services District
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
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FOR THE COUNTY OF SANTA CLARA
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SANTA MARIA VALLEY WATER
CONSERVATION DISTRICT, a public
entity,
Plaintiff,
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v.
CITY OF SANTA MARIA, et al.,
Defendants.
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AND ALL RELATED ACTIONS.
PROPOUNDING PARTY:
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SANTA MARIA GROUNDWATER LITIGATION,
LEAD CASE No. CV 770214 (Consolidated with
CV 784900, 784921, 784926, 785509, 785511,
785515, 785522, 785936, 786971, 787150, 787151,
787152, 990738, 990739)
NORTHERN CITIES’ FIRST REQUEST FOR
PRODUCTION OF DOCUMENTS TO THE
LANDOWNER GROUP PARTIES
Defendant Cities of Arroyo Grande, Pismo Beach, Grover Beach
and Oceano Community Services District
RESPONDING PARTY:
Plaintiffs/Cross-Complainants J.J.C. of Santa Maria, Lawrence L.
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Ferini, et al., Teixeira Brothers, etc., Andrew Adam, William P.
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Adam, III, et al., Iceberg Holdings, L.P., Koch California LTD.,
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Joe A. Freitas and Sons, Mahmood Jafroodi, etc., Andreas Koch,
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etc., et al., Dobbe Enterprises, Henry J. Macagni, Shirley Macagni,
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Gary Macagni and Kimberly Macagni (“Landowner Group
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Parties”).
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SET NO.:
One
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Pursuant to Section 2031 of the California Code of Civil Procedure, defendant cities of
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Arroyo Grande, Pismo Beach, Grover Beach and Oceano Community Services District (“Northern
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Cities”) request that plaintiffs Landowner Group Parties produce, and permit the Northern Cities to
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inspect and copy on June 7, 2000, at 10:00 a.m., and continuing so long as reasonably required, at the
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offices of Nossaman, Guthner, Knox & Elliott, LLP, located at 445 South Figueroa Street, 31st Floor,
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Los Angeles, California 90071, or another location mutually agreed upon by counsel, the following
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documents:
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DEFINITIONS
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The term "DOCUMENT" includes, without limitation, the original (or a copy
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when the original is not available) and each non-identical copy (including notations or markings) of
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any book, pamphlet, periodical, paper, article, letter, electronic mail, report, memorandum, note,
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message, record, draft, diary, study, analysis, summary, bulletin, instructions, minutes, photograph,
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video or audio tape, plan, calculation, purchase order, bill, check, survey, drawing, diagram,
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working paper, chart, graph, index, computer program, agreement, expense record, trip report,
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estimate, opinion, guideline, transcription, or any and all other written, printed, typed, punched,
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taped, or filed graphic matter, or tangible thing, of whatever description, however produced or
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reproduced (including computer stored or generated data, together with instructions and programs
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necessary to search or retrieve such data), or documentation of any kind, and includes all
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attachments and enclosures thereto.
2.
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The terms "YOU," "YOUR" and “LANDOWNER GROUP PARTIES” mean
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plaintiffs and cross-complainants in case numbers CV 784900, 784921, 784926, 785509, 785511,
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785515, 785522, 785936, 786971, 787150, 787151, 787152, 990738, and 990739 originally filed in
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the counties of Santa Barbara or San Luis Obispo and now consolidated with Lead Case No. CV
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770214 in Santa Clara Superior Court, including: J.J.C. of Santa Maria, Lawrence L. Ferini, et al.,
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Teixeira Brothers, etc., Andrew Adam, William P. Adam, III, et al., Iceberg Holdings, L.P., Koch
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California LTD., Joe A. Freitas and Sons, Mahmood Jafroodi, etc., Andreas Koch, etc., et al., Dobbe
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Enterprises, Henry J. Macagni, Shirley Macagni, Gary Macagni and Kimberly Macagni.
3.
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The term “COMPLAINTS” means the complaints and cross-complaints filed
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by any of the LANDOWNER GROUP PARTIES against any of the Northern Cities.
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Pismo Beach, the City of Grover Beach, and the Oceano Community Services District.
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The term “NORTHERN CITIES” means the city of Arroyo Grande, the city of
The term “BASIN” means the groundwater basin as to which YOU claim
overlying water rights in YOUR COMPLAINTS.)
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INSTRUCTIONS
1.
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If YOU withhold any DOCUMENTS from production on the grounds of
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privilege or other objection, provide with YOUR responses a written log explaining each objection,
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including the following for each DOCUMENT withheld: (a) the exact privilege or other objection;
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(b) name, title, and employer of the author; (c) the name, title, and employer of all recipients; (d) the
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date it was written or sent; (e) the type of DOCUMENT (e.g., letter, notes, report) (f) its general
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subject matter; and (g) its document number (e.g., bates stamp), if any.
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DOCUMENTS shall be produced in their original file folders or in lieu
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thereof, any writing on the file folder from which each such DOCUMENT is taken shall be copied
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and appended to such DOCUMENTS, and the person for whom, or department, division or office
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for which, such file folder is maintained shall be identified.
3.
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Each DOCUMENT produced pursuant to this DOCUMENT request shall be
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identified in such production by the paragraph number of this DOCUMENT request and response to
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which it is produced.
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DOCUMENTS REQUESTED
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REQUEST FOR PRODUCTION NO. 1:
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If YOU contend that each of the NORTHERN CITIES extracted or extracts water from
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the BASIN referred to in YOUR COMPLAINTS, produce all DOCUMENTS supporting YOUR
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contention.
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REQUEST FOR PRODUCTION NO. 2:
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If you contend that each of the NORTHERN CITIES are located above the groundwater
BASIN referred to in YOUR COMPLAINTS, produce all DOCUMENTS supporting YOUR contention.
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REQUEST FOR PRODUCTION NO. 3:
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Produce all DOCUMENTS which show, discuss, refer or relate to the location of the
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boundaries of the BASIN referred to in YOUR COMPLAINTS.
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REQUEST FOR PRODUCTION NO. 4:
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Produce a map or maps showing the location of all of YOUR real property overlying the
BASIN referred to in YOUR COMPLAINTS.
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DATED: May 3, 2000
NOSSAMAN, GUTHNER, KNOX & ELLIOTT, LLP
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By: __________________________________________
Alfred E. Smith
Attorneys for Defendant Cities of Arroyo Grande, Pismo
Beach, Grover Beach and Oceano Community Services District
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