WAYNE K. LEMIEUX (SBN 43501) W. KEITH LEMIEUX (SBN 161850) · lc.rsp.rpd2.bolt.doc - 1 – lcid’s...

LC.Rsp.RPD2.Bolt.doc - 1 –

LCID’s RESPONSE TO BOLTHOUSE SECOND SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

WAYNE K. LEMIEUX (SBN 43501) W. KEITH LEMIEUX (SBN 161850) LEMIEUX & O'NEILL 2393 Townsgate Road, Suite 201 Westlake Village, California 91361 Telephone: (805) 495-4770 Facsimile: (805) 495-2787 Attorneys for Defendants/Cross-Complainants LITTLEROCK CREEK IRRIGATION DISTRICT, PALM RANCH IRRIGATION DISTRICT And Cross-Defendants, NORTH EDWARDS WATER DISTRICT and DESERT LAKE COMMUNITY SERVICES DISTRICT

SUPERIOR COURT OF THE STATE OF CALIFORNIA

IN AND FOR THE COUNTY OF LOS ANGELES – CENTRAL DIST RICT

Coordinated Proceeding Special Title (Rule 1550(b)) ANTELOPE VALLEY GROUNDWATER CASES Included Actions: Los Angeles County Waterworks District No. 40 v. Diamond Farming Co. Los Angeles County Superior Court Case No. BC 325201; Los Angeles County Waterworks District No. 40 v. Diamond Farming Co., Kern County Superior Court, Case No. S-1500-CV-234348; Wm. Bolthouse Farms, Inc. v. City of Lancaster Diamond Farming Co. v. City of Lancaster v. Palmdale Water District, Riverside County Superior Court, Consolidated Actions, Case Nos. RIC 353840, RIC 344436, RIC 344668 ________________________________________ AND RELATED CROSS-ACTIONS

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

Judicial Council Coordination No. 4408 Santa Clara Case No. 1-05-CV-049053 Assigned to the Honorable Jack Komar – Dept. 17 LITTLEROCK CREEK IRRIGATION DISTRICT’S RESPONSES TO CROSS-DEFENDANTS BOLTHOUSE PROPERTIES, LLC, AND WM. BOLTHOUSE FARMS, INC.’s REQUEST FOR PRODUCTION OF DOCUMENTS (SET TWO)

PROPOUNDING PARTY: Cross-defendants Bolthouse Properties, LLC, and Wm. Bolthouse Farms, Inc. RESPONDING PARTY: Littlerock Creek Irrigation Distr ict SET NUMBER: Two



1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

Pursuant to Code of Civil Procedure section 2031.010, Littlerock Creek Irrigation District hereby

responds to Cross-defendants Bolthouse Properties, LLC, and Wm. Bolthouse Farms, Inc.’s Request for

Production of Documents, Set Two, as follows:

PRELIMINARY STATEMENT

LCID is in the process of conducting its investigation and discovery in this action. Consequently,

LCID responds to these Demands to the best of its knowledge, but in doing so, reserves the right to amend

its Response at a future date. LCID further reserves the right to offer, at time of trial, facts, testimony or

other evidence discovered subsequent to, and not included in this response, and assumes no obligation to

voluntarily supplement or amend this Response to reflect such facts, testimony or other evidence. The

documents will be available for inspection and copying on August 19, 2008, beginning at 9:00 a.m., at

LCID legal counsel’s offices in Westlake Village, California.

GENERAL OBJECTIONS

By responding to Bolthouse’s Demand for Inspection and Production of Documents, Set Two,

LCID does not concede the relevancy or materiality of any request, or of the subject to which such request

refers. Each response is made subject to all objections as to competence, relevance, materiality, propriety,

and admissibility, as well as any or all other objections and grounds which would require exclusion of

evidence. LCID reserves the right to make any and all such objections at trial and at any other proceeding

relating to this action. LCID objects to each of Bolthouse’s demands to the extent any is directed to any

information or document that is subject to the attorney-client, attorney work product, deliberative process

privilege, or is confidential and not subject to discovery on any other grounds. LCID will not supply or

render any information or documents protected from discovery under these or any other applicable

privileges. To the extent any Request relates to expert witness investigation, LCID will provide

documents at such time as required by applicable Court Order and by the Code of Civil Procedure. If

privileged information or documents are produced, such production is inadvertent, and LCID demands the

immediate return of any document containing such information. LCID further objects to the requests for

production to the extent they seek information or materials not presently in LCID’s possession. LCID’s

investigation and discovery in this case are ongoing. The following responses are given without prejudice



1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

to LCID’s right to produce or rely on any evidence subsequently discovered. The specific responses and

objections given below are submitted without prejudice to, and without waiving, any of these general

objections, even though the general objections are not expressly set forth in each response.

OBJECTIONS AND RESPONSES

LCID incorporates fully the foregoing Preliminary Statement and General Objections into each of

the following specific objections and responses, and no specific objection or response shall be construed

to waive any of the General Objections.

REQUEST FOR PRODUCTION NO. 7:

All DOCUMENTS PERTAINING TO groundwater pumping for each well owned or operated by

YOU, whether recorded on a daily, weekly, monthly, or yearly basis.

RESPONSE TO REQUEST FOR PRODUCTION NO. 7:

LCID incorporates herein its Preliminary Statement and General Objections as though expressly

set forth herein. LCID objects to this Request to the extent it calls for documents protected by the

attorney-client privilege or attorney work product doctrine. Without waiving the foregoing objections,

LCID has already produced responsive non-privileged documents in its possession, control and custody in

July, 2008.


All DOCUMENTS PERTAINING TO groundwater or well water levels, for pumping or non-

pumping conditions, for each well owned or operated by YOU, whether recorded on a daily, weekly,

monthly or yearly basis.




attorney client privilege or attorney work product doctrine. Without waiving the foregoing objections,


July, 2008.



1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28


All DOCUMENTS PERTAINING TO well names, numbers, depths, screened intervals, pump

capacities, pump settings, and well locations for all wells, past and present, from which groundwater has

been pumped or otherwise taken for use in the BASIN.






July, 2008.


All DOCUMENTS PERTAINING TO surface water production, diversions, takings and flows

whether recorded on a daily, weekly, monthly or yearly basis.





LCID responds that it has no such documents.


All DOCUMENTS PERTAINING TO surface water production facilities, including, but not

limited to, access points, numbers, descriptions, pump capacities, pump details, turnout locations,

transmission facilities, chemical quality, flows, purchases, operating costs, revenues received, and related

data for all surface water sources, past and present, from which surface water has been pumped or

otherwise taken for use in the WATERSHED.






1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28


LCID responds that it has no such documents.


All DOCUMENTS PERTAINING TO physical properties of soil, aquifer, and other subsurface

materials in the BASIN, including, but not limited to, specific yield, porosity, hydraulic conductivity,

permeability, infiltration capacity, specific retention, field capacity, capillarity, consolidation

characteristics, shrink-swell potential, and similar or related properties.



set forth herein. LCID objects to this Request to the extent it seeks documents protected by the attorney-

client privilege or attorney work product doctrine. The Request seeks documents which are the subject of

current expert witness study or opinion and/or testimony which has not yet been fully developed and may

be answered at the time such study is completed and appropriately disclosed.


All DOCUMENTS PERTAINING TO domestic, municipal, and industrial water uses, including,

but not limited to, numbers and locations of customers, customer distribution with the BASIN, lengths of

time served, whether each customer is on a publicly owned wastewater collection system or on an

individual wastewater treatment and disposal system (e.g., septic tank-and-leach-field), persons per

household, land areas for each customer residence, landscape irrigation practices, amounts of water used

within the residences, amounts of water used for landscape irrigation, amounts of water used for on-site

agricultural activities and other data on water demand and consumption for domestic, municipal, and

industrial water uses in the BASIN.








1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28



All DOCUMENTS PERTAINING TO agricultural lands and agricultural uses in the BASIN,

including, but not limited to, descriptions and locations of land, crops grown, frequency of agricultural

use, groundwater production for irrigation, imported water for irrigation, agricultural practices, and crop

water demands.



set forth herein. LCIE objects to this Request to the extent it seeks documents protected by the attorney-





All DOCUMENTS PERTAINING TO agricultural return flows from irrigation practices in the

BASIN, including return flows for each crop type and each method of irrigation used in the BASIN.








All DOCUMENTS PERTAINING TO meteorological data, including, but not limited to,

precipitation, temperature, wind speed and direction, humidity, whether recorded on an hourly, daily,

weekly, monthly or yearly basis.





1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28






All DOCUMENTS PERTAINING TO streamflows in the WATERSHED, including, but not

limited to, stream channel alignments and locations, stream gage locations, flow readings, stream

diversions, pertinent channel characteristics, whether recorded on a daily, weekly, monthly or yearly

basis.








All DOCUMENTS PERTAINING TO historical presence or occurrence of water in the playas of

the BASIN, including, but not limited to, dates, times, and amounts, areas covered, depths of water,

sources of water, whether recorded on a daily, weekly, monthly or yearly basis.








All DOCUMENTS PERTAINING TO reclaimed water (including, but not limited to, waters



1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

described as sewer water, wastewater, wastewater influent, wastewater effluent, recycled water and reused

water) in the BASIN, including, but not limited to, sources, methods of transport or transmission,

treatment, disposal, reuse, chemical quality, flows, purchases, operating costs, revenues received.








All DOCUMENTS PERTAINING TO evaporation and evapotranspiration of water from crops

and native vegetation in the WATERSHED, including, but not limited to, data for potential

evapotranspiration stations and locations, records, crop coefficients for crops grown, crop coefficients for

native vegetation in the WATERSHED.








All DOCUMENTS PERTAINING TO the time required for applied water to infiltrate from the

surface of the soil or the base of the root zone to the top of the groundwater table (return flow lag time) in

the BASIN, including, but not limited to, rates of vertical migration, degree of saturation, lateral

distribution due to variations in soil characteristics with depth and location, and impacts of soils in the

BASIN on the length of return flow lag time.



1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28








All DOCUMENTS PERTAINING TO modeling, calculations, or other analyses of the time

required for applied water to infiltrate from the surface of the soil or the base of the root zone to the top of

the groundwater table (return flow lag time) in the BASIN.








All DOCUMENTS PERTAINING TO modeling, calculations, or other analysis or changes in the

amount of groundwater in storage in the BASIN.








All DOCUMENTS PERTAINING TO data derived from areas outside of the BASIN used in



1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

assessment of sensitivity of variations in data, reasonableness of data and results of modeling,

calculations, or other analyses, or other purposes in the assessment of the physical conditions in the

BASIN.








All DOCUMENTS supporting YOUR contention that groundwater production has exceeded

SAFE YIELD in the BASIN.








All DOCUMENTS PERTAINING TO the time periods for which YOU contend that groundwater

production has exceeded SAFE YIELD in the BASIN.









1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28


All DOCUMENTS PERTAINING TO definitions of sub-basins or sub-areas within the BASIN.








All DOCUMENTS PERTAINING TO any Urban Water Management Plan prepared by YOU or

on YOUR behalf.



set forth herein. LCID has already made available responsive documents in its possession, custody and

control in July, 2008.


All DOCUMENTS PERTAINING TO any Water Supply Assessment prepared regarding any

development for which YOU were proposed or identified to provide water service within the BASIN.






All DOCUMENTS PERTAINING TO any Water Supply Verification prepared regarding any

development for which YOU were proposed or identified to provide water service within the BASIN.





1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28




All DOCUMENTS PERTAINING TO submittals made to the Public Utilities Commission by

YOU or on YOUR behalf including, but not limited to, reports or other information concerning rate

structures.






All DOCUMENTS PERTAINING TO the hydrogeologic characteristics of the BASIN which

YOU contend are relevant to the claims and allegations you are making in this lawsuit including, but not

limited to, YOUR claims of prescription.



set forth herein. LCID objects to this Request on the grounds that propounding party has failed to

designate or describe the documents to be inspected by specifically describing each item or by reasonably

categorizing each category of item as required by Code of Civil Procedure section 2031.030, subdivision

(c)(1). LCID objects to this Request to the extent it calls for documents protected by the attorney work

product doctrine. LCID objects to this Request because it does not seek information for the Phase 2 trial

nor is it reasonably calculated to lead to the discovery of admissible evidence for the Phase 2 trial. The

Court has directed the parties to focus their discovery requests upon the subject matter of the Phase 2 trial.


For the time period for which YOU claim to have acquired prescriptive rights against these

propounding parties, produce all DOCUMENTS supporting your contention that YOU acquired

prescriptive rights against these propounding parties.



1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28











If YOU claim that groundwater production exceeded SAFE YIELD for the time frame during

which YOU claim to have acquired prescriptive rights, produce all DOCUMENTS evidencing all water

supplies and all water demands for the time period during which YOU claim to have acquired prescriptive

rights.











If your claim of prescription considers and/or relies upon sub-basins within the BASIN, produce

all DOCUMENTS PERTAINING TO the geographic confines of such sub basins and the basis for the

designation of such sub basins.



1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28







product doctrine.


All DOCUMENTS PERTAINING TO the amounts of groundwater YOU were pumping and the

wells from which you pumped for each year during any period during in which YOU allege that YOU

acquired prescriptive rights.






July, 2008.


For any period during which YOU claim to have acquired prescriptive rights, produce all

DOCUMENTS which support YOUR contention that groundwater pumping exceeded SAFE YIELD.










1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28




For any period during which YOU claim to have acquired prescriptive rights, produce all

DOCUMENTS which support YOUR contention that the groundwater rights, or the ability to pump

groundwater, of this propounding party were impaired.











If in the last fifteen (15) years YOU have denied an application for new water service within the

BASIN on the basis that the available water supply was inadequate to serve the water supply needs of the

applicant, produce all DOCUMENTS PERTAINING TO said denial.





LCID will produce responsive non-privileged documents in its possession, control and custody.


If in the last fifteen (15) years YOU have granted an application for new water service within the

BASIN on the basis that the available water supply was adequate to serve the water supply needs of the



1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

applicant, produce all DOCUMENTS PERTAINING TO said approval.







If in the last fifteen (15) years any action by YOU to approve a water supply for any new water

service within the BASIN has been subject to an environmental challenge, including but not limited to a

CEQA challenge, on the basis that the available water supply was inadequate to serve the water supply

needs of the applicant, produce all DOCUMENTS PERTAINING TO said challenge(s).







For any period during which you claim prescription, produce all DOCUMENTS PERTAING TO

all return flows taken into consideration in supporting YOUR contention that groundwater pumping

exceeded SAFE YIELD during such period.










1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28




For any period during which you claim prescription, produce all DOCUMENTS PERTAINING

TO all return flows taken into consideration in supporting YOUR contention that available water supplies

were inadequate to meet demands for groundwater pumping.











Produce each WRITING which show the hydrogeologic characteristics of the BASIN which YOU

contend are relevant to the claims and allegations YOU re making in this lawsuit including, but not

limited to, YOUR claims of prescription.











1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28



Produce each WRITING which supports YOUR claim to have acquired prescriptive rights against

these propounding parties for all time periods.











Produce each WRITING which supports YOUR claim that groundwater pumping exceeded SAFE

YIELD for the time frame(s) during which YOU claim to have acquired prescriptive rights, evidencing all

water supplies and all water demands in the BASIN for the time period during which YOU claim to have

acquired prescriptive rights.








Produce each WRITING which supports YOUR claim of prescription considering and/or relying

upon sub-basins within the BASIN.



1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28



set forth herein. LCID objects to this Request on the grounds that it is compound and that propounding

party has failed to designate or describe the documents to be inspected by specifically describing each

item or by reasonably categorizing each category of item as required by Code of Civil Procedure section

2031.030, subdivision (c)(1). LCID objects to this Request to the extent it calls for documents protected

by the attorney work product doctrine. LCID objects to this Request because it does not seek information

for the Phase 2 trial nor is it reasonably calculated to lead to the discovery of admissible evidence for the

Phase 2 trial. The Court has directed the parties to focus their discovery requests upon the subject matter

of the Phase 2 trial.


Produce each WRITING which supports YOUR claim that groundwater pumping exceeded SAFE

YIELD for the time frame during which YOU claim to have acquired prescriptive rights for all periods

during which YOU claim prescription.










of the Phase 2 trial. The Request seeks documents which are the subject of current expert witness study

or opinion and/or testimony which has not yet been fully developed and may be answered at the time such

study is completed and appropriately disclosed.



1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28


Produce each WRITING which supports YOUR claim or establishes or tends to prove that YOUR

groundwater pumping wrongfully exceeded YOUR appropriative rights to pump groundwater for all

periods during which YOU claim to have acquired prescriptive rights.














Produce each WRITING which supports YOUR claim that the groundwater levels in the water

wells of these propounding parties were lowered for all periods during which YOU claim to have acquired

prescriptive rights.










1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28







Produce each WRITING which supports YOUR claim that water pumped by YOU in one

geographic area of the BASIN hydrogeologically affected pumping by these propounding parties from

their wells for all periods during which YOU claim to have acquired prescriptive rights.













DATED: August 15, 2008 LEMIEUX & O'NEILL /s/

By: W. KEITH LEMIEUX

Attorneys for LITTLEROCK CREEK IRRIGATION DISTRICT and PALM RANCH IRRIGATION DISTRICT



1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

PROOF OF SERVICE

STATE OF CALIFORNIA, ) ) ss.

COUNTY OF VENTURA )

I am employed in the County of Ventura, State of California. I am over the age of 18 and not a party to the within action. My business address is 2393 Townsgate Road, Suite 201, Westlake Village, California 91361.

On August 15, 2008, I posted the following document(s) to the website http://www.scefiling.org,

a dedicated link to the Antelope Valley Groundwater Cases:

LITTLEROCK CREEK IRRIGATION DISTRICT’S RESPONSE TO

CROSS-DEFENDANTS BOLTHOUSE PROPERTIES, LLC, and WM. BOLTHOUSE FARMS, INC’s

REQUEST FOR PRODUCTION OF DOCUMENTS (SET TWO)

I declare under penalty of perjury under the laws of the State of California that the above is true

and correct.

Executed on August 15, 2008, in Westlake Village, California. /s/ ________________________________ Linda M. Stiegler



1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

VERIFICATION STATE OF CALIFORNIA )

) ss. COUNTY OF LOS ANGELES ) I have read the foregoing document entitled: LITTLEROCK CREEK IRRIGATION DISTRICT’S RESPONSES TO CROSS-DEFENDANTS BOLTHOUSE PROPERTIES, LLC, AND WM. BOLTHOUSE FARMS, INC.’S REQUEST FOR PRODUCTION OF DOCUMENTS (SET TWO) and know its contents. CHECK APPLICABLE PARAGRAPH

[ ] I am a party to this action. The matters stated in the foregoing document are true of my own knowledge, except as to those matters which are stated on information and belief, and as to those matters I believe them to be true.

[X ] I am the General Manager of the LITTLEROCK CREEK IRRIGATION DISTRICT, a party to this action, and am authorized to make this verification for and on its behalf, and I make this verification for that reason.

[X] I am informed and believe and on that ground allege that the matters stated in the foregoing document are true.

[X] The matters stated in the foregoing document are true of my own knowledge, except as to those matters which are stated on information and belief, and as to those matters I believe them to be true.

[ ] I am one of the attorneys for _____________________________, a party to this action. Such party is absent from the county of aforesaid where such attorneys have their offices, and I make this verification for and on behalf of that party for that reason. I am informed and believe and on that ground allege that the matters stated in the foregoing document are true.

Executed on August ____, 2008, in _______________, California.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

_______________________________________ Brad Bones, General Manager

Date post:	03-Jul-2020
Category:	Documents
Upload:	others
View:	5 times
Download:	0 times