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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 SET OF SPECIAL
INTERROGATORIES 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 and Henry J. Macagni, Shirley
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Macagni, Gary Macagni and Kimberly Macagni (“Landowner
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Group Parties”).
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SET NO.:
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One
Pursuant to Section 2030 of the California Code of Civil Procedure, plaintiffs
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Landowner Group Parties are hereby requested to answer the following interrogatories separately
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and fully, in writing and under oath, and to have the answers signed by the parties making them, and
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to serve such answers on defendant cities of Arroyo Grande, Pismo Beach, Grover Beach and
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Oceano Community Services District (“Northern Cities”) within 30 days after the date of service
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hereof.
INTERROGATORIES
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INTERROGATORY NO. 1:
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In each of YOUR COMPLAINTS, YOU allege that each of the NORTHERN CITIES
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extracts water from a groundwater BASIN as to which YOU claim overlying water rights. Do YOU
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now contend that each of the NORTHERN CITIES extracted or extracts water from this BASIN?
The terms "YOU," "YOUR" and “LANDOWNER GROUP PARTIES” mean plaintiffs
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and cross- complainants in case numbers CV 784900, 784921, 784926, 785509, 785511, 785515,
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785522, 785936, 786971, 787150, 787151, 787152, 990738, and 990739 originally filed in the counties
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of Santa Barbara or San Luis Obispo and now consolidated with Lead Case No. CV 770214 in Santa
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Clara Superior Court, including: J.J.C. of Santa Maria, Lawrence L. Ferini, et al., Teixeira Brothers, etc.,
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Andrew Adam, William P. Adam, III, et al., Iceberg Holdings, L.P., Koch California LTD., Joe A.
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Freitas and Sons, Mahmood Jafroodi, etc., Andreas Koch, etc., et al., Dobbe Enterprises, Henry J.
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Macagni, Shirley Macagni, Gary Macagni and Kimberly Macagni.
The term “COMPLAINTS” means the complaints and cross-complaints filed by any of
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the LANDOWNER GROUP PARTIES against any of the Northern Cities.
The term “NORTHERN CITIES” means the city of Arroyo Grande, the city of Pismo
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Beach, the City of Grover Beach, and the Oceano Community Services District.
The term “BASIN” means the groundwater basin as to which YOU claim overlying water
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rights in YOUR COMPLAINTS.
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INTERROGATORY NO. 2:
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If YOU contend that each of the NORTHERN CITIES extracted or extracts water from
this BASIN, state all facts which support YOUR contention.
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INTERROGATORY NO. 3:
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If YOU contend that each of the NORTHERN CITIES extracted or extracts water from
this BASIN, IDENTIFY each and every DOCUMENT which supports YOUR contention.
The term “IDENTIFY,” when used in conjunction with a document, means to state the
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type of document (e.g., letter, request . . .), the date it was prepared, its author, its recipients, and its
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document number, if any.
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The term "DOCUMENT" includes, without limitation, the original (or a copy when the
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original is not available) and each non-identical copy (including notations or markings) of any book,
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pamphlet, periodical, paper, article, letter, electronic mail, report, memorandum, note, message, record,
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draft, diary, study, analysis, summary, bulletin, instructions, minutes, photograph, video or audio tape,
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plan, calculation, purchase order, bill, check, survey, drawing, diagram, working paper, chart, graph,
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index, computer program, agreement, expense record, trip report, estimate, opinion, guideline,
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transcription, or any and all other written, printed, typed, punched, taped, or filed graphic matter, or
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tangible thing, of whatever description, however produced or reproduced (including computer stored or
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generated data, together with instructions and programs necessary to search or retrieve such data), or
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documentation of any kind, and includes all attachments and enclosures thereto.
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INTERROGATORY NO. 4:
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If YOU contend that each of the NORTHERN CITIES are located above the groundwater
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BASIN referred to in YOUR COMPLAINTS, state all facts which support YOUR contention.
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INTERROGATORY NO. 5;
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If YOU contend that each of the NORTHERN CITIES are located above the groundwater
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BASIN referred to in YOUR COMPLAINTS, IDENTIFY each and every DOCUMENT which supports
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YOUR contention.
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INTERROGATORY NO. 6:
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In each of YOUR COMPLAINTS, YOU claim superior rights to use water from a
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groundwater BASIN without defining the boundaries of the alleged BASIN. What are the boundaries of
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this BASIN? (YOU may respond by a metes and bounds description, outlining the BASIN on a map, or
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any other reasonable method that clearly shows the boundaries of the BASIN).
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INTERROGATORY NO. 7:
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State all facts which support or explain YOUR alleged BASIN boundaries.
INTERROGATORY NO. 8:
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IDENTIFY each and every DOCUMENT which supports YOUR alleged BASIN
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boundaries.
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INTERROGATORY NO. 9:
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Show the location on a map of YOUR real property overlying the BASIN referred to in
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YOUR COMPLAINTS.
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INTERROGATORY NO. 10:
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State the street address, or a functional equivalent, of all of YOUR real property
overlying the alleged 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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