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BEST BEST & KRIEGER LLPERIC L. GARNER, Bar No. 130665JEFFREY V. DUNN, Bar No. 131926STEFANIE D. HEDLUND, Bar No. 239787
5 PARK PLAZA, SUITE 1500IRVINE, CALIFORNIA 92614TELEPHONE: (949) 263-2600TELECOPIER: (949) 260-0972
OFFICE OF COUNTY COUNSELCOUNTY OF LOS ANGELES
RAYMOND G. FORTNER, JR., Bar No. 42230COUNTY COUNSELMICHAEL MOORE, Bar No. 175599DEPUTY COUNTY COUNSEL
500 WEST TEMPLE STREETLOS ANGELES, CALIFORNIA 90012TELEPHONE: (213) 974-1951TELECOPIER: (213) 458-4020Attorneys for Defendant, LOS ANGELESCOUNTY WATERWORKS DISTRICT NO.40
ANTELOPE VALLEY GROUNDWATERCASES
Included Actions:Los Angeles County Waterworks District No.40 v. Diamond Farming Co., Superior Court ofCalifornia, County of Los Angeles, Case No.BC 325201;
Los Angeles County Waterworks District No.40 v. Diamond Farming Co., Superior Court ofCalifornia, County of Kern, Case No. S-1500-CV-254-348;
Wm. Bolthouse Farms, Inc. v. City ofLancaster, Diamond Farming Co. v. City ofLancaster, Diamond Farming Co. v. PalmdaleWater Dist., Superior Court of California,County of Riverside, Case Nos. RIC 353 840,RIC 344 436, RIC 344 668
EXEMPT FROM FILING FEESUNDER GOVERNMENT CODESECTION 6103
RELATED CASE TO JUDICIALCOUNCIL COORDINATIONPROCEEDING NO. 4408
LOS ANGELES COUNTYWATERWORKS DISTRICT NO.40RESPONSES TO ANAVERDE LLC’SREQUEST FOR PRODUCTION OFDOCUMENTS
(SET TWO)
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF LOS ANGELES - CENTRAL DISTRICT
LOS ANGELES COUNTY WATERWORKS DISTRICT NO. 40’S RESPONSES TO ANNAVERDE, LLC’S REQUEST FORPRODUCTION OF DOCUMENTS, SET TWO
1 PROPOUNDING PARTY: ANAVERDE, LLC
2 RESPONDING PARTY: LOS ANGELES COUNTY WATERWORKS DISTRICT NO.40
3 SET NUMBER: Two
4
5 Defendant Los Angeles County Waterworks District No. 40 (“District”) hereby responds
6 to the Request for Production of Documents, Set Two, propounded by Anaverde, LLC
7 (“Anaverde”) as follows:
8
9 PRELIMINARY STATEMENT
10 The District is in the process of conducting its investigation and discovery in this action.
11 Consequently, the District responds to these Demands to the best of its knowledge, but in doing-JO—
12 so, reserves the right to amend its Response at a future date. The District further reserves the
13 right to offer, at time of trial, facts, testimony or other evidence discovered subsequent to and not
14 included in this response, and assumes no obligation to voluntarily supplement or amend thisLi
15 Response to reflect such facts, testimony or other evidence. Documents that have not already
16 been produced in this litigation (including those made available through the LSCE database and
17 ftp site) will be available for inspection and copying on September 15, 2009, 2008, beginning at
18 9:00 a.m., at the District’s headquarters, 1000 South Freemont St., Buildin A-9 East, 4th Floor,
19 Alhambra, CA.
20 GENERAL OBJECTIONS
21 By responding to Anaverde’s Demand for Inspection and Production of Documents, Set
22 One, the District does not concede the relevancy or materiality of any request, or of the subject to
23 which such request refers. Each response is made subject to all objections as to competence,
24 relevance, materiality, propriety, and admissibility, as well as any or all other objections and
25 grounds which would require exclusion of evidence. The District reserves the right to make any
26 and all such objections at trial and at any other proceeding relating to this action. The District
27 objects to each of Anaverde’s demands to the extent any is directed to any information or
28 document that is subject to the attorney-client, attorney work product, deliberative process2
LOS ANGELES COUNTY WATERWORKS DISTRICT NO. 40S RESPONSES TO ANNAVERDE, LLC’S REQUEST FORPRODUCTION OF DOCUMENTS, SET TWO
1 privilege or is confidential and not subject to discovery on any other grounds. The District will
2 not supply or render any information or documents protected from discovery under these or any
3 other applicable privileges. To the extent any Request relates to expert witness investigation, the
4 District will provide documents at such time as required by applicable Court Order and by the
5 Code of Civil Procedure. If privileged information or documents are produced, such production
6 is inadvertent, and the District demands the immediate return of any document containing such
7 information. The District further objects to the requests for production to the extent they seek
8 information or materials not presently in the District’s possession. The District further objects to
9 these discovery requests on the grounds that they are untimely under Code of Civil Procedure
10 section 2024.020. The District’s investigation and discovery in this case are ongoing. The
11 following responses are given without prejudice to the Districts’ right to produce or rely on anyJL(O
12 evidence subsequently discovered. The specific responses and objections given below areøuj5z
13 submitted without prejudice to, and without waiving, any of these general objections even thoughLJChj
OI-<‘- 14 the general objections are not expressly set forth in each response.
°- 15 OBJECTIONS AND RESPONSES
16 The District incorporates fully the foregoing Preliminary Statement and General
17 Objections into each of the following specific objections and responses, and no specific objection
18 or response shall be construed to waive any of the General Objections.
19
20 REQUEST FOR PRODUCTION NO.32 (ERRONEOUSLY DENOTED AS NO. 1):
21 Any and all DOCUMENTS that refer or RELATE TO the surface water hydrology-
22 quantification as described in Figure 4.1-1 of the Problem Statement Report dated June 26, 2008.
23
24
25 1 The propounding party previously served a total of 31 Requests for Production as part of Set One of itsRequests for Production. Rather than numbering its second set of Requests for Production consecutively as required
26 under Code of Civil Procedure 2031.030(a), the propounding party began its second set of Requests for Productionagain at Request for Production No. 1. For purposes of clarity, the District has identified the Requests for Production
27 (Set Two), and its corresponding responses, by the sequential number of the Request (resuming where Set Oneconcluded) and placed the erroneous original numbers the propounding party assigned to this second set of Request
28 for Production in parenthesis.3
LOS ANGELES COUNTY WATERWORKS DISTRICT NO. 40S RESPONSES TO ANNAVERDE, LLC’S REQUEST FORPRODUCTION OF DOCUMENTS, SET TWO
1 RESPONSE TO REQUEST FOR PRODUCTION NO.32 (ERRONEOUSLY DENOTED
2 ASNO.1):
3 The District incorporates herein its Preliminary Statement and General Objections as
4 though expressly set forth herein. The District objects to this request to the extent that by seeking
5 all DOCUMENTS that “refer or RELATE TO” the subject of this request it seeks production of
6 materials protected by the attorney-client, work-product, or deliberative-process privileges.
7 Without waiving, and subject to, those objections, the District will produce all responsive, non-
8 privileged, documents in its possession, custody, and control.
9
10 REQUEST FOR PRODUCTION NO.33 (ERRONEOUSLY DENOTED AS NO. 2):
11 Any and all DOCUMENTS that refer or RELATE TO the back up data and/or analysisjO—
12 used to support Figure 4.1-1 of the Problem Statement Report dated June 26, 2008.(flW
13 RESPONSE TO REQUEST FOR PRODUCTION NO.33 (ERRONEOUSLY DENOTED
14 ASNO.2):
15 The District incorporates herein its Preliminary Statement and General Objections as
16 though expressly set forth herein. The District objects to this request to the extent that by seeking
17 all DOCUMENTS that “refer or RELATE TO” the subject of this request it seeks production of
18 materials protected by the attorney-client, work-product, or deliberative-process privileges.
19 Without waiving, and subject to, those objections, the District will produce all responsive, non-
20 privileged, documents in its possession, custody, and control.
21
22 REQUEST FOR PRODUCTION NO.34 (ERRONEOUSLY DENOTED AS NO. 3):
23 Any and all DOCUMENTS that refer or RELATE TO the City Ranch Creek NR data
24 point as referenced in the Problem Statement Report dated June 26, 2008.
25 RESPONSE TO REQUEST FOR PRODUCTION NO.34 (ERRONEOUSLY DENOTED
26 AS NO. 3):
27 The District incorporates herein its Preliminary Statement and General Objections as
28 though expressly set forth herein. The District objects to this request to the extent that by seeking4
LOS ANGELES COUNTY WATERWORKS DISTRICT NO. 40S RESPONSES TO ANNAVERDE, LLC’S REQUEST FORPRODUCTION OF DOCUMENTS, SET TWO
1 all DOCUMENTS that “refer or RELATE TO” the subject of this request it seeks production of
2 materials protected by the attorney-client, work-product, or deliberative-process privileges. The
3 District further objects to this Request to the extent that it calls for materials protected by the
4 privacy rights of third parties. Without waiving, and subject to, those objections, the District will
5 produce all responsive, non-privileged, documents in its possession, custody, and control.
6
7 REQUEST FOR PRODUCTION NO.35 (ERRONEOUSLY DENOTED AS NO. 4):
8 Any and all DOCUMENTS that refer or RELATE TO precipitation records in the
9 Antelope Valley Watershed.
10 RESPONSE TO REQUEST FOR PRODUCTION NO.35 (ERRONEOUSLY DENOTED
11 ASNO.4):
12 The District incorporates herein its Preliminary Statement and General Objections as
13 though expressly set forth herein. The District objects to this request to the extent that by seeking
14 all DOCUMENTS that “refer or RELATE TO” the subject of this request it seeks production of
biD..> . . .15 matenals protected by the attorney-client, work-product, or deliberative-process privileges.
16 Without waiving, and subject to, those objections, the District will produce all responsive, non-
17 privileged, documents in its possession, custody, and control.
18
19 REQUEST FOR PRODUCTION NO.36 (ERRONEOUSLY DENOTED AS NO.5):
20 To the extent not included in Request For Production NumberS, any and all
21 DOCUMENTS that refer or RELATE TO precipitation records at every gauging station in the
22 Antelope Valley Watershed.
23 RESPONSE TO REQUEST FOR PRODUCTION NO.36 (ERRONEOUSLY DENOTED
24 AS NO.5):
25 The District incorporates herein its Preliminary Statement and General Objections as
26 though expressly set forth herein. The District objects to this request to the extent that by seeking
27 all DOCUMENTS that “refer or RELATE TO” the subject of this request it seeks production of
28 materials protected by the attorney-client, work-product, or deliberative-process privileges. The5
LOS ANGELES COUNTY WATERWORKS DISTRICT NO. 40’S RESPONSES TO ANNAVERDE, LLC’S REQUEST FORPRODUCTION OF DOCUMENTS, SET TWO
1 District further objects to this Request on the ground that it is vague and ambiguous as to the what
2 the propounding party means by “To the extent not included in Request for Production Number
3 5” when the propounding party denoted this Request as Request for Production Number 5.
4 Without waiving, and subject to, those objections, the District will produce all responsive, non
5 privileged, documents in its possession, custody, and control.
6
7 REQUEST FOR PRODUCTION NO.37 (ERRONEOUSLY DENOTED AS NO.6):
8 Any and all DOCUMENTS that refer or RELATE TO precipitation records for adjacent
9 watersheds to the Antelope Valley Watershed.
10 RESPONSE TO REQUEST FOR PRODUCTION NO.37 (ERRONEOUSLY DENOTED
11 AS NO.6):
12 The District incorporates herein its Preliminary Statement and General Objections asWUZ . . .
13 though expressly set forth herein. The District objects to this request to the extent that by seeking
14 all DOCUMEIJTS that “refer or RELATE TO” the subject of this request it seeks production of
15 materials protected by the attorney-client, work-product, or deliberative-process privileges. The
16 District further objects to this Request on the ground that it seeks information not relevant to the
17 subject matter of this lawsuit, and therefore exceeds the scope of permissible discovery pursuant
18 to Code of Civil Procedure section 2017.010.
19
20 REQUEST FOR PRODUCTION NO.38 (ERRONEOUSLY DENOTED AS NO.7):
21 To the extent not included in Request For Production Number 7, any and all
22 DOCUMENTS that refer or RELATE TO precipitation records at every gauging station in
23 adjacent watersheds to the Antelope Valley Watershed.
24 RESPONSE TO REQUEST FOR PRODUCTION NO.38 (ERRONEOUSLY DENOTED
25 AS NO.7):
26 The District incorporates herein its Preliminary Statement and General Objections as
27 though expressly set forth herein. The District objects to this request to the extent that by seeking
28 all DOCUMENTS that “refer or RELATE TO” the subject of this request it seeks production of6
LOS ANGELES COUNTY WATERWORKS DISTRICT NO. 40’S RESPONSES TO ANNAVERDE, LLCS REQUEST FORPRODUCTION OF DOCUMENTS, SET TWO
1 materials protected by the attorney-client, work-product, or deliberative-process privileges. The
2 District further objects to this Request on the ground that it is vague and ambiguous as to the what
3 the propounding party means by “To the extent not included in Request for Production Number 7
4 when the propounding party denoted this Request as Request for Production Number 7. The
5 District further objects to this Request on the ground that it seeks information not relevant to the
6 subject matter of this lawsuit, and therefore exceeds the scope of permissible discovery pursuant
7 to Code of Civil Procedure section 2017.010.
8
9 REQUEST FOR PRODUCTION NO.39 (ERRONEOUSLY DENOTED AS NO.8):
10 Any and all DOCUMENTS that refer or RELATE TO the hydrology of the San Andreas
811 Fault Zone within the Antelope Valley Watershed.
- 12 RESPONSE TO REQUEST FOR PRODUCTION NO.39 (ERRONEOUSLY DENOTED
13 ASNO.8):
14 The District incorporates herein its Preliminary Statement and General Objections as
15 though expressly set forth herein. The District objects to this request to the extent that by seeking
16 all DOCUMENTS that “refer or RELATE TO” the subject of this request it seeks production of
17 materials protected by the attorney-client, work-product, or deliberative-process privileges. The
18 District further objects to this Request on the ground that the phrase “San Andreas Fault Zone” is
19 vague and ambiguous such that the District cannot know what documents the propounding party
20 seeks by this Request.
21
22 REQUEST FOR PRODUCTION NO.40 (ERRONEOUSLY DENOTED AS NO.9):
23 Any and all DOCUMENTS that refer or RELATE TO water evaporation data andlor
24 analysis in the Antelope Valley Watershed.
25 RESPONSE TO REQUEST FOR PRODUCTION NO.40 (ERRONEOUSLY DENOTED
26 AS NO.9):
27 The District incorporates herein its Preliminary Statement and General Objections as
28 though expressly set forth herein. The District objects to this request to the extent that by seeking7
LOS ANGELES COUNTY WATERWORKS DISTRICT NO. 40’S RESPONSES TO ANNAVERDE, LLC’S REQUEST FORPRODUCTION OF DOCUMENTS, SET TWO
1 all DOCUMENTS that “refer or RELATE TO” the subject of this request it seeks production of
2 materials protected by the attorney-client, work-product, or deliberative-process privileges.
3 Without waiving, and subject to, those objections, the District will produce all responsive, non-
4 privileged, documents in its possession, custody, and control.
5
6 REQUEST FOR PRODUCTION NO.41 (ERRONEOUSLY DENOTED AS NO.10):
7 Any and all DOCUMENTS that refer or RELATE TO man made water conveyances
8 created at the direction of the City of Palmdale within the Antelope Valley Watershed.
9 RESPONSE TO REQUEST FOR PRODUCTION NO.41 (ERRONEOUSLY DENOTED
10 AS NO.10):
11 The District incorporates herein its Preliminary Statement and General Objections as
12 though expressly set forth herein. The District objects to this request to the extent that by seeking
13 all DOCUMENTS that “refer or RELATE TO” the subject of this request it seeks production of
14 materials protected by the attorney-client, work-product, or deliberative-process privileges. The
15 District further objects to this Request on the ground that the phrase “man made water
16 conveyances” is vague and ambiguous such that the District cannot know what documents the
17 propounding party seeks by this Request. The District further objects to this Request on the
18 ground that it seeks information from the District relating not to the District, but instead to an
19 unrelated third party.
20
21 REQUEST FOR PRODUCTION NO.42 (ERRONEOUSLY DENOTED AS NO.11):
22 Any and all DOCUMENTS that refer or RELATE TO man made water conveyances
23 created at the direction of the State of California (CalTrans) within the Antelope Valley
24 Watershed and specifically excluding the State Water Project conveyance.
25 RESPONSE TO REQUEST FOR PRODUCTION NO.42 (ERRONEOUSLY DENOTED
26 AS NO.11):
27 The District incorporates herein its Preliminary Statement and General Objections as
28 though expressly set forth herein. The District objects to this request to the extent that by seeking8
LOS ANGELES COUNTY WATERWORKS DISTRICT NO. 40’S RESPONSES TO M’NAVERDE, LLC’S REQUEST FORPRODUCTION OF DOCUMENTS, SET TWO
1 all DOCUMENTS that “refer or RELATE TO” the subject of this request it seeks production of
2 materials protected by the attorney-client, work-product, or deliberative-process privileges. The
3 District further objects to this Request on the ground that the phrase “man made water
4 conveyances” is vague and ambiguous such that the District cannot know what documents the
5 propounding party seeks by this Request. The District further objects to this Request on the
6 ground that it seeks information from the District relating not to the District, but instead to an
7 unrelated third party.
8
9 REQUEST FOR PRODUCTION NO.43 (ERRONEOUSLY DENOTED AS NO.12):
10 Any and all DOCUMENTS that refer or RELATE TO man made water conveyances that
8convey water under, around or over the State Water Project within the Antelope Valley
-Jo
12 Watershed.
‘13 RESPONSE TO REQUEST FOR PRODUCTION NO.43 (ERRONEOUSLY DENOTED
14 ASNO.12):
15 The District incorporates herein its Preliminary Statement and General Objections as
16 though expressly set forth herein. The District objects to this request to the extent that by seeking
17 all DOCUMENTS that “refer or RELATE TO” the subject of this request it seeks production of
18 materials protected by the attorney-client, work-product, or deliberative-process privileges. The
19 District further objects to this Request on the ground that the phrases “man made water
20 conveyances” and “convey water over, around or under the State Water Project” are vague and
21 ambiguous such that the District cannot know what documents the propounding party seeks by
22 this Request.
23
24 REQUEST FOR PRODUCTION NO.44 (ERRONEOUSLY DENOTED AS NO.13):
25 Any and all DOCUMENTS that refer or RELATE TO flood waters and/or flood events in
26 the Antelope Valley Watershed.
27
289
LOS ANGELES COUNTY WATERWORKS DISTRICT NO. 40S RESPONSES TO ANNAVERDE, LLCS REQUEST FORPRODUCTION OF DOCUMENTS, SET TWO
1 RESPONSE TO REQUEST FOR PRODUCTION NO.44 (ERRONEOUSLY DENOTED
2 AS NO.13):
3 The District incorporates herein its Preliminary Statement and General Objections as
4 though expressly set forth herein. The District objects to this request to the extent that by seeking
5 all DOCUMENTS that “refer or RELATE TO” the subject of this request it seeks production of
6 materials protected by the attorney-client, work-product, or deliberative-process privileges. The
7 District further objects to this request as irrelevant to the subject matter of this lawsuit, and
8 therefore exceeding the permissible scope of discovery under Code of Civil Procedure section
9 2017.010.
10
o 11 REQUEST FOR PRODUCTION NO.45 (ERRONEOUSLY DENOTED AS NO.14):-Jo—
12 Any and all DOCUMENTS that refer or RELATE TO flood waters andlor flood events inWZ
- 13 the Anaverde Creek Sub-basin.
14 RESPONSE TO REQUEST FOR PRODUCTION NO.45 (ERRONEOUSLY DENOTED
15 ASNO.14):
16 The District incorporates herein its Preliminary Statement and General Objections as
17 though expressly set forth herein. The District objects to this request to the extent that by seeking
18 all DOCUMENTS that “refer or RELATE TO” the subject of this request it seeks production of
19 materials protected by the attorney-client, work-product, or deliberative-process privileges. The
20 District further objects to this Request on the ground that it is vague and ambiguous as to the
21 meaning of the undefined term “Anaverde Creek Sub-basin” such that the District cannot know
22 what documents the propounding party seeks production of through this Request.
23
24 REQUEST FOR PRODUCTION NO.46 (ERRONEOUSLY DENOTED AS NO.15):
25 Any and all DOCUMENTS that refer or RELATE TO the pH levels measured at each
26 GROUNDWATER WELL over the last fifty years (along with the sampling date) in the Antelope
27 Valley Watershed.
2810
LOS ANGELES COUNTY WATERWORKS DISTRICT NO. 40S RESPONSES TO ANNAVERDE, LLC’S REQUEST FORPRODUCTION OF DOCUMENTS, SET TWO
1 RESPONSE TO REQUEST FOR PRODUCTION NO.46 (ERRONEOUSLY DENOTED
2 AS NO.15):
3 The District incorporates herein its Preliminary Statement and General Objections as
4 though expressly set forth herein. The District objects to this request to the extent that by seeking
5 all DOCUMENTS that “refer or RELATE TO” the subject of this request it seeks production of
6 materials protected by the attorney-client, work-product, or deliberative-process privileges. The
7 District further objects to this request as overbroad as to time, and therefore unduly burdensome
8 and oppressive. Without waiving, and subject to, those objections, the District will produce all
9 responsive, non-privileged, documents in its possession, custody, and control.
10
11 REQUEST FOR PRODUCTION NO.47 (ERRONEOUSLY DENOTED AS NO.16):
12 Any and all DOCUMENTS that refer or RELATE TO the water chemistry of surfaceU)bJ5
u Z
13 waters in the Antelope Valley Watershed.
14 RESPONSE TO REQUEST FOR PRODUCTION NO.47 (ERRONEOUSLY DENOTED
15 ASNO.16):
16 The District incorporates herein its Preliminary Statement and General Objections as
17 though expressly set forth herein. The District objects to this request to the extent thai by seeking
18 all DOCUMENTS that “refer or RELATE TO” the subject of this request it seeks production of
19 materials protected by the attorney-client, work-product, or deliberative-process privileges. The
20 District further objects to this request on the ground that surface water is not relevant to the
21 subject matter of this lawsuit, and therefore this Request exceeds the permissible scope of
22 discovery under Code of Civil Procedure section 2017.010.
23
24 REQUEST FOR PRODUCTION NO.48 (ERRONEOUSLY DENOTED AS NO.17):
25 Any and all DOCUMENTS that refer or RELATE TO individual mineral constituents
26 contained in surface waters within the Antelope Valley Watershed for the following: Sodium(Na),
27 calcium (Ca), potassium (k), iron (Fe), magnesium (Mg, manganese (Mn), arsenic (As), selenium
2811
LOS ANGELES COUNTY WATERWORKS DISTRICT NO. 40’S RESPONSES TO ANNAVERDE, LLC’S REQUEST FORPRODUCTION OF DOCUMENTS, SET TWO
1 (Se), boron (B), chloride (CL), sulfate (S04), bicoarbonate (HCO3), carbonate (CACO3), nitrate
2 (N03), silica (Si02), nitrogen(N), and TICN (Total Kjeldahl Nitrogen).
3
4 RESPONSE TO REQUEST FOR PRODUCTION NO.48 (ERRONEOUSLY DENOTED
5 AS NO.17):
6 The District incorporates herein its Preliminary Statement and General Objections as
7 though expressly set forth herein. The District objects to this request to the extent that by seeking
8 all DOCUMENTS that “refer or RELATE TO” the subject of this request it seeks production of
9 materials protected by the attorney-client, work-product, or deliberative-process privileges. The
10 District further objects to this request on the ground that surface water is not relevant to the
8! subject matter of this lawsuit, and therefore this Request exceeds the permissible scope ofJIO
12 discovery under Code of Civil Procedure section 2017.010.(flLJD
E
14 REQUEST FOR PRODUCTION NO.49 (ERRONEOUSLY DENOTED AS NO. 18):
15 Any and all DOCUMENTS that refer or RELATE TO surface water ionic chemistry in
16 the Antelope Valley Watershed over the last fifty years.
17 RESPONSE TO REQUEST FOR PRODUCTION NO.49 (ERRONEOUSLY DENOTED
18 AS NO.18):
19 The District incorporates herein its Preliminary Statement and General Objections as
20 though expressly set forth herein. The District objects to this request to the extent that by seeking
21 all DOCUMENTS that “refer or RELATE TO” the subject of this request it seeks production of
22 materials protected by the attorney-client, work-product, or deliberative-process privileges. The
23 District further objects to the term “ionic chemistry” as vague and ambiguous such that the
24 District cannot know exactly what documents the propounding party seeks through this Request.
25 The District further objects to this request on the ground that surface water is not relevant to the
26 subject matter of this lawsuit, and therefore this Request exceeds the permissible scope of
27 discovery under Code of Civil Procedure section 2017.010.
2812
LOS ANGELES COUNTY WATERWORKS DISTRICT NO. 40’S RESPONSES TO ANNAVERDE, LLCS REQUEST FORPRODUCTION OF DOCUMENTS, SET TWO
1 REQUEST FOR PRODUCTION NO.50 (ERRONEOUSLY DENOTED AS NO. 19):
2 Any and all DOCUMENTS that refer or RELATE TO total dissolved solids (“TDS”) in
3 surface waters in the Antelope Valley Watershed over the past 50 years.
4 RESPONSE TO REQUEST FOR PRODUCTION NO.50 (ERRONEOUSLY DENOTED
5 AS NO. 19):
6 The District incorporates herein its Preliminary Statement and General Objections as
7 though expressly set forth herein. The District objects to this request to the extent that by seeking
8 all DOCUMENTS that “refer or RELATE TO” the subject of this request it seeks prOduction of
9 materials protected by the attorney-client, work-product, or deliberative-process privileges. The
10 District further objects to this request on the ground that surface water is not relevant to the
11 subject matter of this lawsuit, and therefore this Request exceeds the permissible scope of-Jo—-Ju
12 discovery under Code of Civil Procedure section 2017.010.(nw:
13
14 REQUEST FOR PRODUCTION NO.51 (ERRONEOUSLY DENOTED AS NO. 20):
15 Any and all DOCUMENTS that refer or RELATE TO electricity consumption for each
16 GROUNDWATER WELL in the Antelope Valley Watershed for the past 50 years.
17 RESPONSE TO REQUEST FOR PRODUCTION NO.51 (ERRONEOUSLY DENOTED
18 ASNO.20):
19 The District incorporates herein its Preliminary Statement and General Objections as
20 though expressly set forth herein. The District objects to this request to the extent that by seeking
21 all DOCUMENTS that “refer or RELATE TO” the subject of this request it seeks production of
22 materials protected by the attorney-client, work-product, or deliberative-process privileges. The
23 District further objects to this Request as overly broad as to time, rendering it unduly burdensome
24 and oppressive. Without waiving, and subject to, those objections, the District will produce all
25 responsive, non-privileged, documents in its possession, custody, and control which it can
26 reasonably access and produce.
27
2813
LOS ANGELES COUNTY WATERWORKS DISTRICT NO. 40’S RESPONSES TO ANNAVERDE, LLCS REQUEST FOR•PRODUCTION OF DOCUMENTS, SET TWO
1 REQUEST FOR PRODUCTION NO.52 (ERRONEOUSLY DENOTED AS NO. 21):
2 Any and all DOCUMENTS that refer or RELATE TO electrical meters for each
3 GROUNDWATER WELL in the Antelope Valley Watershed for the past 50 years.
4 RESPONSE TO REQUEST FOR PRODUCTION NO.52 (ERRONEOUSLY DENOTED
5 AS NO.21):
6 The District incorporates herein its Preliminary Statement and General Objections as
7 though expressly set forth herein. The District objects to this request to the extent that by seeking
8 all DOCUMENTS that “refer or RELATE TO” the subject of this request it seeks production of
9 materials protected by the attorney-client, work-product, or deliberative-process privileges. The
10 District further objects to this Request as overly broad as to time, rendering it unduly burdensome
. 11 and oppressive. The District further objects to this Request in that it is vague and ambiguous asJO—
12 to how, if at all, the documents requested differ from those sought in Request No. 51(20) above,
13 such that the District cannot know what additional documents the propounding party seeks
14 through this Request.
15
16 REQUEST FOR PRODUCTION NO.53 (ERRONEOUSLY DENOTED AS NO. 22):
17 Any and all DOCUMENTS that refer or RELATE TO electricity consumption and the
18 identity of the consuming GROUNDWATER WELL in the Antelope Valley Watershed for the
19 past 50 years.
20 RESPONSE TO REQUEST FOR PRODUCTION NO.53 (ERRONEOUSLY DENOTED
21 AS NO. 22):
22 The District incorporates herein its Preliminary Statement and General Objections as
23 though expressly set forth herein. The District objects to this request to the extent that by seeking
24 all DOCUMENTS that “refer or RELATE TO” the subject of this request it seeks production of
25 materials protected by the attorney-client, work-product, or deliberative-process privileges. The
26 District further objects to this Request as overly broad as to time, rendering it unduly burdensome
27 and oppressive. The District further objects to this Request in that it is vague and ambiguous as
28 to how, if at all, the documents requested differ from those sought in Request No. 51(20) above,14
LOS ANGELES COUNTY WATERWORKS DISTRICT NO. 40S RESPONSES TO ANNAVERDE, LLC’S REQUEST FORPRODUCTION OF DOCUMENTS, SET TWO
1 such that the District cannot know what additional documents the propounding party seeks
2 through this Request.
3
4 REQUEST FOR PRODUCTION NO.54 (ERRONEOUSLY DENOTED AS NO. 231:
5 Any and all DOCUMENTS that refer or RELATE TO aquifer testing in the Anaverde
6 Creek Basin.
7 RESPONSE TO REQUEST FOR PRODUCTION NO.54 (ERRONEOUSLY DENOTED
8 AS NO. 23):
9 The District incorporates herein its Preliminary Statement and General Objections as
10 though expressly set forth herein. The District objects to this request to the extent that by seeking
11 all DOCUMENTS that “refer or RELATE TO” the subject of this request it seeks production of-Jo—_iLfl(0
12 materials protected by the attorney-client, work-product, or deliberative-process privileges. The(flWD
13 District further objects to this Request as vague and ambiguous as to time. The District further
14 objects to this Request in that it is vague and ambiguous as to the meaning of the undefined termsCfl<Z
15 “aquifer testing” and “Anaverde Creek Basin” such that the District cannot know what documents
16 the propounding party seeks through this Request.
17
18 REQUEST FOR PRODUCTION NO.55 (ERRONEOUSLY DENOTED AS NO. 24):
19 Any and all DOCUMENTS that refer or RELATE TO GROUNDWATER WELL pump
20 testing (such as discharge) for each GROUNDWATER WELL in the Antelope Valley Watershed
21 for the past 50 years.
22 RESPONSE TO REQUEST FOR PRODUCTION NO.55 (ERRONEOUSLY DENOTED
23 AS NO. 24):
24 The District incorporates herein its Preliminary Statement and General Objections as
25 though expressly set forth herein. The District objects to this request to the extent that by seeking
26 all DOCUMENTS that “refer or RELATE TO” the subject of this request it seeks production of
27 materials protected by the attorney-client, work-product, or deliberative-process privileges. The
28 District further objects to this Request as overly broad as to time, rendering it unduly burdensome15
LOS ANGELES COUNTY WATERWORKS DISTRICT NO. 40’S RESPONSES TO ANNAVERDE, LLCS REQUEST FORPRODUCTION OF DOCUMENTS, SET TWO
1 and oppressive. The District further objects to this Request in that it is vague and ambiguous as
2 to the meaning of the term “pump testing” such that the District cannot know what documents the
3 propounding party seeks through this Request.
4
5 REQUEST FOR PRODUCTION NO.56 (ERRONEOUSLY DENOTED AS NO. 25’):
6 Any and all DOCUMENTS that refer or RELATE TO GROUNDWATER WELL step-
7 discharge testing for each GROUNDWATER WELL in the Antelope Valley Watershed for the
8 past 50 years.
9 RESPONSE TO REQUEST FOR PRODUCTION NO.56 (ERRONEOUSLY DENOTED
10 ASNO.25):
11 The District incorporates herein its Preliminary Statement and General Objections asJO—
12 though expressly set forth herein. The District objects to this request to the extent that by seeking(l)bJ
13 all DOCUMENTS that “refer or RELATE TO” the subject of this request it seeks production of
14 materials protected by the attorney-client, work-product, or deliberative-process privileges. The
15 District further objects to this Request as overly broad as to time, rendering it unduly burdensome
16 and oppressive. The District further objects to this Request in that it is vague and ambiguous as
17 to the meaning of the term “step-discharge testing” such that the District cannot know what
18 documents the propounding party seeks through this Request.
19
20 REQUEST FOR PRODUCTION NO.57 (ERRONEOUSLY DENOTED AS NO. 26):
21 Any and all DOCUMENTS that refer or RELATE TO GROUNDWATER WELL step-
22 draw down testing for each GROUNDWATER WELL in the Antelope Valley Watershed for the
23 past 50 years.
24 RESPONSE TO REQUEST FOR PRODUCTION NO.57 (ERRONEOUSLY DENOTED
25 AS NO. 26):
26 The District incorporates herein its Preliminary Statement and General Objections as
27 though expressly set forth herein. The District objects to this request to the extent that by seeking
28 all DOCUMENTS that “refer or RELATE TO” the subject of this request it seeks production of16
LOS ANGELES COUNTY WATERWORKS DISTRICT NO. 40S RESPONSES TO ANI’4AVERDE, LLC’S REQUEST FORPRODUCTION OF DOCUMENTS, SET TWO
1 materials protected by the attorney-client, work-product, or deliberative-process privileges. The
2 District further objects to this Request as overly broad as to time, rendering it unduly burdensome
3 and oppressive. The District further objects to this Request in that it is vague and ambiguous as
4 to the meaning of the term “step-draw down testing” such that the District cannot know what
5 documents the propounding party seeks through this Request.
6
7 REQUEST FOR PRODUCTION NO.58 (ERRONEOUSLY DENOTED AS NO. 27’):
8 Any and all DOCUMENTS that refer or RELATE TO raw water quality prior to treatment
9 for purposes of providing drinking water in the Antelope Valley Watershed for the past 50 years.
10 RESPONSE TO REQUEST FOR PRODUCTION NO.58 (ERRONEOUSLY DENOTED
11 ASNO.27):
12 The District incorporates herein its Preliminary Statement and General Objections as(fltJbJ::(nz . . .
13 though expressly set forth herein. The Distnct objects to this request to the extent that by seeking
14 all DOCUMENTS that “refer or RELATE TO” the subject of this request it seeks production of
15 materials protected by the attorney-client, work-product, or deliberative-process privileges. The
16 District further objects to this Request as overly broad as to time, rendering it unduly burdensome
17 and oppressive. The District further objects to this Request in that it is vague and ambiguous as
18 to the meaning of the phrase “raw water quality prior to treatment” such that the District cannot
19 know what documents the propounding party seeks through this Request.
20
21 REQUEST FOR PRODUCTION NO.59 (ERRONEOUSLY DENOTED AS NO. 28):
22 Any and all DOCUMENTS that refer or RELATE TO raw water quality after treatment
23 for purposes of providing drinking water in the Antelope Valley Watershed for the past 50 years.
24 RESPONSE TO REQUEST FOR PRODUCTION NO.59 (ERRONEOUSLY DENOTED
25 AS NO. 28):
26 The District incorporates herein its Preliminary Statement and General Objections as
27 though expressly set forth herein. The District objects to this request to the extent that by seeking
28 all DOCUMENTS that “refer or RELATE TO” the subject of this request it seeks production of17
LOS ANGELES COUNTY WATERWORKS DISTRICT NO. 40’S RESPONSES TO ANNAVERDE, LLC’S REQUEST FORPRODUCTION OF DOCUMENTS, SET TWO
1 materials protected by the attorney-client, work-product, or deliberative-process privileges. The
2 District further objects to this Request as overly broad as to time, rendering it unduly burdensome
3 and oppressive. The District further objects to this Request in that it is vague and ambiguous as
4 to the meaning of the phrase “raw water quality after treatment” such that the District cannot
5 know what documents the propounding party seeks through this Request.
6
7 REQUEST FOR PRODUCTION NO.60 (ERRONEOUSLY DENOTED AS NO. 29):
8 Any and all DOCUMENTS that refer or RELATE TO publicly issued water quality
9 reports on drinking water quality in the Antelope Valley Watershed for the past 50 years
10 RESPONSE TO REQUEST FOR PRODUCTION NO.60 (ERRONEOUSLY DENOTED
11 ASNO.29):
12 The District incorporates herein its Preliminary Statement and General Objections asbJQ)Z . .
13 though expressly set forth herein. The District objects to this request to the extent that by seeking
14 all DOCUMENTS that “refer or RELATE TO” the subject of this request it seeks production of
15 materials protected by the attorney-client, work-product, or deliberative-process privileges. The
16 District further objects to this Request on the ground that it is overly broad as to time, and
17 therefore unduly burdensome and oppressive. Without waiving, and subject to, those objections,
18 the District will produce all responsive, non-privileged, documents in its possession, custody, and
19 control which can reasonably be gathered and produced.
20
21 REQUEST FOR PRODUCTION NO.61 (ERRONEOUSLY DENOTED AS NO. 30):
22 Any and all DOCUMENTS that refer or RELATE TO the data which was used in
23 compiling drinking water quality reports in the Antelope Valley Watershed for the past 50 years.
24 RESPONSE TO REQUEST FOR PRODUCTION NO.61 (ERRONEOUSLY DENOTED
25 AS NO. 30):
26 The District incorporates herein its Preliminary Statement and General Objections as
27 though expressly set forth herein. The District objects to this request to the extent that by seeking
28 all DOCUMENTS that “refer or RELATE TO” the subject of this request it seeks production of18
LOS ANGELES COUNTY WATERWORKS DISTRICT NO. 40’S RESPONSES TO ANNAVERDE, LLC’S REQUEST FORPRODUCTION OF DOCUMENTS, SET TWO
1 materials protected by the attorney-client, work-product, or deliberative-process privileges. The
2 District further objects to this Request on the ground that it is overly broad as to time and scope,
3 and therefore unduly burdensome and oppressive.
4
5 REQUEST FOR PRODUCTION NO.62 (ERRONEOUSLY DENOTED AS NO. 31):
6 Any and all DOCUMENTS that refer or RELATE TO any drilling of any type of
7 GROUNDWATER WELL in the Anaverde Creek Basin.
8 RESPONSE TO REQUEST FOR PRODUCTION NO.62 (ERRONEOUSLY DENOTED
9 AS NO. 31):
10 The District incorporates herein its Preliminary Statement and General Objections as
11 though expressly set forth herein. The District objects to this request to the extent that by seeking-Jo—
12 all DOCUMENTS that “refer or RELATE TO” the subject of this request it seeks production of
13 materials protected by the attorney-client, work-product, or deliberative-process privileges. The
14 District further objects to this Request as vague and ambiguous as to time. The District further
15 objects to this request as overbroad in its scope, and therefore unduly burdensome and oppressive.
16 The District further objects to this Request in that it is vague and ambiguous as to the meaning of
17 the undefined term “Anaverde Creek Basin” such that the District cannot know what documents
18 the propounding party seeks through this Request.
19
20
Dated: September 9, 2008
24 E GARNERJ FREY V DU1N
25 STEFANIE D. HEDLUNDAttorneys for Defendant,
26 LOS ANGELES COUNTY
27WATERWORKS DISTRICT NO.40
2819
LOS ANGELES COUNTY WATERWORKS DISTRICT NO. 40’S RESPONSES TO ANNAVERDE, LLCS REQUEST FORPRODUCTION OF DOCUMENTS, SET TWO
1 PROOF OF SERVICE
2 I, Roberta Hoffuer, declare:
3 I am a resident of the State of California and over the age of eighteen years, andnot a party to the within action; my business address is Best Best & Krieger LLP, 5 Park Plaza,
4 Suite 1500, Irvine, California 92614. On September 9, 2008, I served the within document(s):
5 LOS ANGELES COUNTY WATERWORKS DISTRICT NO.40 RESPONSES TOANAVERDE, LLC’S REQUEST FOR PRODUCTION OF DOCUMENTS, (SET TWO)
6
7 by posting the document(s) listed above to the Santa Clara County Superior Court
8website in regard to the Antelope Valley Groundwater matter.
9 Q by placing the document(s) listed above in a sealed envelope with postage thereonfully prepaid, in the United States mail at Irvine, California addressed as set forth
10 below.
ii Q by causing personal delivery by ASAP Corporate Services of the document(s)listed above to the person(s) at the address(es) set forth below.
12
13 Q by personally delivering the document(s) listed above to the person(s) at theaddress(es) set forth below.
Oj-3
14 [] I caused such envelope to be delivered via overnight delivery addressed as
15 indicated on the attached service list. Such envelope was deposited for deliveryby Federal Express following the firm’s ordinary business practices.
16
17I am readily familiar with the firm’s practice of collection and processing
18 correspondence for mailing. Under that practice it would be deposited with the U.S. PostalService on that same day with postage thereon fully prepaid in the ordinary course of business. I
19 am aware that on motion of the party served, service is presumed invalid if postal cancellationdate or postage meter date is more than one day after date of deposit for mailing in affidavit.
20I declare under penalty of perjury under the laws of the State of California that the
21 above is true and correct.
22 Executed on September 9, 2008, at Irvine, California.
23
___
24 -<\,ZsiV ‘——--
Robj Hofflier25
26
27
2820
LOS ANGELES COUNTY WATERWORKS DISTRICT NO. 40S RESPONSES TO ANNAVERDE, LLC’S REQUEST FORPRODUCTION OF DOCUMENTS, SET TWO