gresham savage nolan & tilden, pc · santa clara case no. 1-05-cv-049053 assigned to the...

ATTORNEYS AT LAW

3750 UNIVERSITY AVE. STE. 250

RIVERSIDE, CA 92501-3335

(951) 684-2171

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SAINT ANDREW’S ABBEY, INC.’S RESPONSES TO UNITED STATES’

FIRST SET OF NON-FORM INTERROGATORIES

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Michael Duane Davis, SBN 093678 Marlene L. Allen-Hammarlund, SBN 126418 Derek R. Hoffman, SBN 285784 GRESHAM SAVAGE NOLAN & TILDEN, PC 3750 University Avenue, Suite 250 Riverside, CA 92501-3335 Telephone: (951) 684-2171 Facsimile: (951) 684-2150 Attorneys for Cross-Defendant/Cross-Complainant, A.V. UNITED MUTUAL GROUP; and Cross-Defendants, ADAMS BENNETT INVESTMENTS, LLC; MIRACLE IMPROVEMENT CORPORATION dba GOLDEN SANDS MOBILE HOME PARK, aka GOLDEN SANDS TRAILER PARK, named as ROE 1121; ST. ANDREW’S ABBEY, INC., named as ROE 623; SERVICE ROCK PRODUCTS, L.P.; and SHEEP CREEK WATER COMPANY, INC

SUPERIOR COURT OF THE STATE OF CALIFORNIA

IN AND FOR THE COUNTY OF LOS ANGELES

Coordination Proceeding Non-Form Title (Rule 1550(b)) ANTELOPE VALLEY GROUNDWATER CASES Including Consolidated Actions: Los Angeles County Waterworks District No. 40 v. Diamond Farming Co. Superior Court of California, County of Los Angeles, Case No. BC 325 201 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 Dist. Superior Court of California, County of Riverside, consolidated actions, Case Nos. RIC 353 840, RIC 344 436, RIC 344 668

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

Judicial Council Coordination Proceeding No. 4408 Santa Clara Case No. 1-05-CV-049053 Assigned to the Honorable Jack Komar Department 17C CROSS-DEFENDANT, SAINT ANDREW’S ABBEY, INC.’S RESPONSES TO UNITED STATES’ FIRST SET OF NON-FORM INTERROGATORIES For Court’s Use Only: Santa Clara County Case No. 1-05-CV-049053 (For E-Posting/E-Service Purposes Only)

AND RELATED ACTIONS.

ATTORNEYS AT LAW



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TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD:

Cross-Defendant, SAINT ANDREW’S ABBEY, INC.’S (“St. Andrews” or “this

Responding Party”) by and through its attorneys of record, Gresham Savage Nolan & Tilden,

PC, by Michael Duane Davis, Marlene L. Allen-Hammarlund, and Derek R. Hoffman submits

the following responses to United States’ First Set of Non-Form Interrogatories, pursuant to the

provisions of Code of Civil Procedure section 2030.010, as follows:

It should be noted that this Responding Party has not fully completed its investigation of

the facts relating to this case, and has not fully completed its discovery in this action and has not

completed its preparation for the trial. All of the responses contained herein are based upon such

information and documents which are presently available to and specifically known to this

Responding Party and disclose only those contentions which presently occur to such this

Responding Party. It is anticipated that further discovery, independent investigation, legal

research and analysis will supply additional facts, add meaning to the known facts, as well as

establish entirely new factual conclusions and legal contentions, all of which may lead to

substantial additions to, changes in, and variations from the contentions herein set forth. The

following interrogatory responses are given without prejudice to this Responding Party’s right to

produce evidence of any subsequently discovered fact or facts which this Responding Party may

later recall. This Responding Party accordingly reserves the right to change any and all answers

herein as additional facts are ascertained, analysis are made, legal research is completed and

contentions are made. The responses contained herein are made in a good faith effort to supply

as much factual information and as much specification of legal contentions as is presently known

but should in no way be to the prejudice of this Responding Party in relation to further discovery,

research or analysis.

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NON-FORM INTERROGATORY NO. 1:

Do YOU contend that the United States is not entitled to any FEDERAL RESERVED

WATER RIGHT within the ANTELOPE VALLEY GROUNDWATER BASIN?

RESPONSE TO NON-FORM INTERROGATORY NO. 1:

Pursuant to the limiting instructions received from Attorney Lee Leininger on October

31, 2013, this Responding Party has been excused from and will not be responding to this Non-

Form Interrogatory.


If YOUR response to Interrogatory No. 1 is anything other than an unqualified no, state

all facts upon which YOU base YOUR contention.




Form Interrogatory.


Do YOU contend that the United States is not entitled to a FEDERAL RESERVED

WATER RIGHT on lands withdrawn and/or reserved from federal property within the

ANTELOPE VALLEY GROUNDWATER BASIN?




Form Interrogatory.

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Form Interrogatory.


Do YOU contend that the United States is not entitled to a FEDERAL RESERVED

WATER RIGHT on lands acquired by the federal government from non-federal land owners

within the ANTELOPE VALLEY GROUNDWATER BASIN?




Form Interrogatory.







Form Interrogatory.

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The United States contends it is entitled to a FEDERAL RESERVED WATER RIGHT

of 11,683 acre-feet per year from the ANTELOPE VALLEY GROUNDWATER BASIN based

in part on Executive Order No. 6588, issued in 1934. Do YOU contend there was no water

available to reserve from the Antelope Valley Groundwater Basin in 1934?




Form Interrogatory.







Form Interrogatory.


The United States withdrew and/or reserved public lands in the ANTELOPE VALLEY

GROUNDWATER BASIN under Executive Order Nos. 6588, 6910, 7707, 7740 and 8450 and

Public Land Order Nos. 613, 646, 1126, issued respectively in 1934, 1934, 1937, 1937, 1940,

1940, 1950 and 1955, and stated that such withdrawals are subject to “VALID EXISTING

RIGHTS” or “EXISTING VALID RIGHTS.” Do YOU contend YOU held any “VALID

EXISTING RIGHT” or any “EXISTING VALID RIGHT” when any of such Executive Orders

or Public Land Orders were issued?

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Form Interrogatory.



all facts upon which YOU base YOUR contention describing the name of the owner of the right,

the nature of “VALID EXISTING RIGHT” or any “EXISTING VALID RIGHT” YOU claim,

and the PARCEL number where the right is or was located.




Form Interrogatory.


If YOUR response to Interrogatory No. 9 is anything other than an unqualified “no”, do

YOU contend that YOU have maintained a “VALID EXISTING RIGHT” or any “EXISTING

VALID RIGHT” at all times in each successive year from 1934 to the present.




Form Interrogatory.

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Form Interrogatory.


If YOUR response to Interrogatory No. 9 is anything other than an unqualified “no”, do

YOU contend that YOU have maintained a “VALID EXISTING RIGHT” or any “EXISTING

VALID RIGHT” at all times in each successive year from 1955 to the present.




Form Interrogatory.







Form Interrogatory.

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Do YOU contend that the ANTELOPE VALLEY GROUNDWATER BASIN was in a

condition of OVERDRAFT in 1934?


St. Andrews objects to and contends that the definitions of “OVERDRAFT” and

“OVERDRAFTED” in the Non-Form Interrogatories to which these Responses are submitted,

are not sufficiently clear, are not sufficiently clear to permit St. Andrews to unequivocally

respond to this interrogatory in light of the prior rulings of the Honorable Jack Komar,

Consolidation Judge, respecting the unquantified hydrologic conditions of the greater Antelope

Valley Groundwater Basin. St. Andrews further objects to this interrogatory because it requires

St. Andrews to provide a response based on information that is beyond its reasonable control,

including information from its predecessors in interest. St. Andrews also objects to this

interrogatory because it calls for a legal conclusion. St. Andrews further objects to this

interrogatory because it prematurely calls for an expert opinion in violation of Code of Civil

Procedure Sections 2034.210, 2034.220 and 2034.270. While some expert testimony on this

issue has been offered in prior phases of trial, further expert testimony is likely to be offered in

this matter, but no sooner than the November 18, 2013 deadline for expert witness disclosures

pursuant to the Court’s Case Management Order for Phase 5 and Phase 6 Trials.

Notwithstanding said objections and contentions, and in an effort to comply with said Non-Form

Interrogatory to the best of its ability, St. Andrews submits the following response. St. Andrews

is without sufficient information to allow it to contend or refute that the Antelope Valley

Groundwater Basin, or the portion of the Antelope Valley Groundwater Basin in which St.

Andrews is situated, was in a state of overdraft in 1934.




ATTORNEYS AT LAW



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St. Andrew’s Abbey, Inc. is a California corporation, the Articles of Incorporation for

which were recorded with the California Secretary of State on December 9, 1959. St. Andrew’s

Priory, its immediate predecessor-in-interest was established in late 1947 to early 1948. Saint

Andrews is the owner of the approximately 1,878 acres of real properties located at 31001 North

Valyermo Road, Valyermo, CA. St. Andrews’ properties were acquired from a number of prior

farming and ranch holdings, including the old Hidden Springs Ranch and the Nichols Ranch,

commencing in 1948. It is also commonly understood that St. Andrew’s predecessors-in-interest

were engaged in the business of growing and selling truck crops and other similar commodities,

and that there were other farming operations in the southeastern portion of the Antelope Valley

for an extended period of time prior to the acquisition of these properties by St. Andrews. St.

Andrew has been unable, to this point, to locate any records of the groundwater production of its

predecessor-in-interest as of 1934, and has no knowledge of whether the duration and collective

impact of its predecessors-in-interest’s and the other similarly situated farming operations

resulted in overdrafted conditions in 1934. St. Andrews is, however, aware of the data and

observations that area contained in Bulletin 91-12 (1966), cooperatively investigated and

prepared by the State of California Department of Water Resources and the United States

Department of Interior, Geological Survey.


Do YOU contend that the ANTELOPE VALLEY GROUNDWATER BASIN was in a

condition of OVERDRAFT in 1955?


St. Andrews objects to and contends that the definitions of “OVERDRAFT” and

“OVERDRAFTED” in the Non-Form Interrogatories to which these Responses are submitted,

are not sufficiently clear, are not sufficiently clear to permit St. Andrews to unequivocally

respond to this interrogatory in light of the prior rulings of the Honorable Jack Komar,

ATTORNEYS AT LAW



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Consolidation Judge, respecting the unquantified hydrologic conditions of the greater Antelope

Valley Groundwater Basin. St. Andrews further objects to this interrogatory because it requires

St. Andrews to provide a response based on information that is beyond its reasonable control,

including information from its predecessors in interest. St. Andrews also objects to this

interrogatory because it calls for a legal conclusion. St. Andrews further objects to this

interrogatory because it prematurely calls for an expert opinion in violation of Code of Civil

Procedure Sections 2034.210, 2034.220 and 2034.270. While some expert testimony on this

issue has been offered in prior phases of trial, further expert testimony is likely to be offered in

this matter, but no sooner than the November 18, 2013 deadline for expert witness disclosures

pursuant to the Court’s Case Management Order for Phase 5 and Phase 6 Trials.

Notwithstanding said objection and contention, and in an effort to comply with said Non-Form

Interrogatory to the best of its ability, St. Andrews submits the following response. St. Andrews

is without sufficient information to allow it to contend or refute that the Antelope Valley

Groundwater Basin, or the portion of the Antelope Valley Groundwater Basin in which St.

Andrews is situated, was in a state of overdraft in 1955.


If your response to Interrogatory No. 17 is anything other than an unqualified no, state all

facts upon which you base your contention.









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Andrew has been unable, to this point, to locate records of its groundwater production as of

1934; however, State of California, Department of Water Resources / United States Department

of Interior / Geological Survey Bulletin No. 91-12, captioned “Water Wells in the Eastern Part of

the Antelope Valley Area of Los Angeles County, California,” is amongst the documentary

evidence reflects the existence of groundwater wells on St. Andrew’s properties, that the wells

were being operated and monitored prior to 1955, and strongly suggests that the southeastern

portion of the Antelope Valley in general, and the Valyermo area in particular, were not in a state

of overdrafted conditions in 1955.


Do YOU contend that the purpose of EDWARDS AIR FORCE BASE is for any purpose

other than a MILITARY PURPOSE?




Form Interrogatory.




RESPONSE TO NON-FORM INTERROGATORY NO. 20::



Form Interrogatory.

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Do YOU contend that the purpose of AIR FORCE PLANT 42 is for any purpose other

than a MILITARY PURPOSE?




Form Interrogatory.







Form Interrogatory.


Do YOU contend that the use of water on EDWARDS AIR FORCE BASE is for any

purpose other than a MILITARY PURPOSE?




Form Interrogatory.




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Form Interrogatory.


Do YOU contend that the use of water on AIR FORCE PLANT 42 is for any purpose

other than a MILITARY PURPOSE?




Form Interrogatory.







Form Interrogatory.


What is the amount of groundwater YOU pumped during calendar year 1934 within the

ANTELOPE VALLEY GROUNDWATER BASIN.




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for an extended period of time prior to the acquisition of these properties by St. Andrews. As

such, though St. Andrews did not exist and therefore did not produce groundwater from its

properties in 1934; however, it is believed that its predecessors-in-interest did, though the

quantities are unknown.


What is the amount of groundwater YOU pumped during calendar year 1955 within the

ANTELOPE VALLEY GROUNDWATER BASIN.












Andrew has been unable, to this point, to locate records of its groundwater production as of

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1955; however, State of California, Department of Water Resources / United States Department

of Interior / Geological Survey Bulletin No. 91-12, captioned “Water Wells in the Eastern Part of

the Antelope Valley Area of Los Angeles County, California (1966),” is amongst the

documentary evidence reflecting the then existence of groundwater wells on St. Andrew’s

properties, that the wells were being operated and monitored prior to 1955, though the quantities

of such production are not presently known.


What land PARCELS did YOU own within the ANTELOPE VALLEY

GROUNDWATER BASIN in calendar year 1934.








commencing in 1948. Accordingly, though St. Andrews did not own said properties in 1934, its

predecessors-in-interest did.


What land PARCELS did YOU own within the ANTELOPE VALLEY

GROUNDWATER BASIN in calendar year 1955.





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commencing in 1948. The Los Angeles County Assessor’s Identification Numbers (“AIN”) for

the properties owned by St. Andrews are set forth in Attachment I.1.a. to Cross-Defendant, St.

Andrew’s Abbey, Inc.’s [Roe 623] Information and Materials Responsive to December 12, 2012

Discovery Order for Phase 4 Trial, which was posted to the Court’s website on December 21,

2012.


For each of the interrogatories above, please identify all expert witnesses YOU intend to

have testify relating to the FEDERAL RESERVED WATER RIGHT.




Form Interrogatory.


For each expert identified in Interrogatory No. 31, state the substance of the facts and

opinions to which the expert is expected to testify and a summary of the grounds for each

opinion.




Form Interrogatory.

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For each of the interrogatories above, please identify the persons most qualified to testify

on behalf of the facts alleged and materials produced.


This Responding Party has filed it Notice of Intention to Not Participate in the Phase 5

Trial proceedings on the issue of the Federal Reserved Water Right. Notwithstanding, this

Responding Party responds: Father Francis Benedict, Abbot Emeritus and Property Manager,

and Robert Krieger, P.E., Chairman of the Board of Krieger and Stewart, Inc.

ATTORNEYS AT LAW



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SIGNED BY ATTORNEY AS TO OBJECTIONS ONLY.

DATED: November 12, 2013 Respectfully submitted,

GRESHAM SAVAGE NOLAN & TILDEN, PC

By:_______________________________________ MICHAEL DUANE DAVIS, ESQ. MARLENE L. ALLEN-HAMMARLUND, ESQ. DEREK R. HOFFMAN, ESQ. Attorneys for CROSS-DEFENDANTS / CROSS-COMPLAINANTS, A. V. UNITED MUTUAL GROUP; and CROSS-DEFENDANTS, ADAMS BENNETT INVESTMENTS, LLC, MIRACLE IMPROVEMENT CORPORATION dba GOLDEN SANDS MOBILE HOME PARK, aka GOLDEN SANDS TRAILER PARK [ROE 1121], ST. ANDREW’S ABBEY, INC. [ROE 623], SERVICE ROCK PRODUCTS, L.P., and SHEEP CREEK WATER COMPANY, INC.

ATTORNEYS AT LAW



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PROOF OF SERVICE

STATE OF CALIFORNIA, COUNTY OF SAN BERNARDINO

Re: ANTELOPE VALLEY GROUNDWATER CASES

Los Angeles County Superior Court Judicial Council Coordinated Proceedings No. 4408; Santa Clara County Superior Court Case No. 1-05-CV-049053

I am employed in the County of San Bernardino, State of California. I am over the age of

18 years and not a party to the within action; my business address is: 550 East Hospitality Lane, Suite 300, San Bernardino, CA 92408.

On November 12, 2013, I served the foregoing document(s) described as CROSS-DEFENDANT, SAINT ANDREW’S ABBEY, INC.’S RESPONSES TO UNITED STATES’ FIRST SET OF NON-FORM INTERROGATORIES on the interested parties in this action in the following manner:

( X ) BY ELECTRONIC SERVICE – I posted the document(s) listed above to the Santa Clara County Superior Court website, http://www.scefiling.org, in the action of the Antelope Valley Groundwater Cases,

I declare under penalty of perjury under the laws of the State of California that the

foregoing is true and correct.

Executed on November 12, 2013, at San Bernardino, California.

DINA M. SNIDER

gresham savage nolan & tilden, pc · santa clara case no. 1-05-cv-049053 assigned to the...

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