Preview
ELECTRONICALLY FILED
Superior Court of California,
County of Placer
DIEPENBROCK & COTTER, LLP 12/20/2023 at 02:51:13 PM
JOHN P. COTTER, State Bar No. 158783 By: Laurel L Sanders
SARAH K. GLATT, State Bar No. 308103 Deputy Clerk
1435 River Park Drive, Suite 400
Sacramento, California 95815
T. (916) 565-6222 | F. (916) 565-6220
E. jpc@ diepenbrockcotter.com | skg@ diepenbrockcotter.com
Attorneys for Defendant
NEVADA IRRIGATION DISTRICT
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF PLACER
10
11 GLOVIN BUILDING VISIONARIES, LLC., Case No.: S-CV-0046749
A CALIFORNIA LIMITED LIABILITY
12 COMPANY, DECLARATION OF SARAH K. GLATT
IN REPLY TO OPPOSITION TO
13 Plaintiff, MOTION TO COMPEL GLOVIN
BUILDING VISIONARIES, LLC’S
14 vs. FURTHER RESPONSES TO WRITTEN
DISCOVERY AND REQUEST FOR
15 NEVADA IRRIGATION DISTRICT; and $2,000.00 INMONETARY SANCTIONS
DOES 1 through 50, inclusive,
16
Defendants. Date: January 2, 2024
17 Time 8:30 A.M.
Dept: 42
18
19 Complaint Filed: 05/24/2021
Trial Date: None
20
21
22
23 I, SARAH K. GLATT, declare:
24 1 I am an attorney employed by Diepenbrock & Cotter, LLP, counsel of record for
25 defendant Nevada Irrigation District (hereinafter “NID”). I am licensed to practice law before the
26 courts of the State of Califomia. I have personal knowledge of the facts set forth in this
27 declaration and, if called as a witness, I could and would testify competently thereto.
28 //
1
DECLARATION OF SARAH K. GLATT IN REPLY TO OPPOSITION TO MOTION TO COMPEL GLOVIN BULDING VISIONAIRS,
LLC’S FURTHER RESPONSES TO WRITTEN DISCOVERY AND REQUEST FOR $2,000.00 IN MONETARY SANCTIONS
2 On November 8, 2023, Glovin Building Visionaries served documents pursuant to
these NID’s Request for Production of Documents, Set One. A copy of these documents are
attached hereto as Exhibit “V.”
3 On December 12 ,2023, counsel for Glovin Building Visionaries, LLC’s
(hereinafter “Glovin”) served Glovin Building Visionaries, LLC’s Further Supplemental
Responses to Nevada Irrigation District’s Request For Production of Documents. A true and
correct copy of Glovin Building Visionaries, LLC’s Further Supplemental Responses to Nevada
Irrigation District’s Request For Production of Documents as received by my office is attached
hereto as Exhibit “W.”
10 4. The factual averments contained in this motion are true and correct on information
11 and belief. I declare under penalty of perjury under the laws of the State of California that the
12 foregoing is true and correct except as to matters stated on information and belief and as to those
13 matters, I believe them to be true. /
x
14 This declaration was executed on Decefn der 20, 2023 i) in Sac ep ento{ ¥ for{/
/
15
MAC
ee
16 RAH K. GLATT
17
18
19
20
21
22
23
24
25
26
27
28
2
DECLARATION OF SARAH K. GLATT IN REPLY TO OPPOSITION TO MOTION TO COMPEL GLOVIN BULDING VISIONAIRS,
LLC’S FURTHER RESPONSES TO WRITTEN DISCOVERY AND REQUEST FOR $2,000.00 IN MONETARY SANCTIONS
EXHIBIT “V”
EXHIBIT “V”
ni g
wy
a3)
] ee
4
a
a
cia ae
i P%
, aa
os
§
tS
>
1
z
ed
i
4
‘
a
5
Glovin Production 11 8 23
000001
se
B®
Me
Pate:
Pa
2
ed
a3 a
2
x
Glovin Production 11 8 23
000002
i
a
Ta
Ts)
rd
:*
see
\, 3
y |
a!
a
a
7
bos)
ee
Be .fe
a
*
Rae.
a
i 2,
a m=
ra a ,
i
Ph a
se “1
oe
=r)
= -
po
a Ph
es
.
aE
ie |
a ee
be
|
re
A
va
Glovin Production 11 8 23
000003
ss
ed
=
i
Poo)
Ps
Pal
7
’
,
ral s) P|
a oe =
a
i oe a
4
a
i! i Be ¥ eal
a it
=.)
a bd
Se
im es _
B.
lovin Production 11 8 23
000004
|
4
yo
se
re
“yy a
ra
i hee pena
ee
=
ad nates
ia
a
rs %
tog pad pa 2
a i
ae:PG a ee “>
nT, es
ete?
ae ae
es o>ny
oy
"
Bi
go F Sal
el
Ps ae I a
pA scl
ay
5 ae all a
pie)
Son
te tok
‘
=
a
Eig
Oa
oo hs ca a:
= oom a
Pa: Se
=. aos ad
Glovin Production 11 8 23
000007
ATTACHMENT
eee =
60
€Z 8 LE UoHONpold UIAO|S
ae! ty
if
pad
a
i
fi
re
he ie iy
Ls
~ 4
Ad
= Y= es
be
. ida i
a hy Pa ay
me fal
=
,
J
wd aes
‘ig
Ps
ee:
a!
aP) ye
rd
Fs |
ee
te
eee
3 v2
fs 7
oo ee ie i
>
ee a
~ os
ts Ss ww
eh %. ‘no ‘4
aA
2 pS i
a
Li ery
ae es ball
iy “ il
an
_
s,
Pe
ae +2 ay
ae |
eal =e Kal
4 i
ATTACHMENT
vcauchi@succeed.net
Subject: FW: NID Easement Violations
From: vcauchi@succeed.net
Sent: Thursday, December 3, 2020 9:53 AM
Ta: ‘Greg Jones'
tie)
Subject: RE: NID Easement Violations
gg a
vu
Vincent Cauchi
che.
From: Greg Jones
Sent: Monday, November 23, 2020 10:28 AM
To: veauchi@succeed. et
Ce: Laura Peters
Subject: RE: NID Easement Violations
Good Morning Mr. Cauchi,
NID continues to review and is still in the process of assessi
ng your concerns relating to your property,
! hope to have more definitive informatio n after the holiday.
Regards,
Greg Jones
interim General Manager
Nevada Irrigation District
1036 W. Main Street
Grass Valley, CA, 95945
Office: 530.273.6185 x 226
Mobile: 530.446.0879
Email; jonesg @nidwater.com
NID EMERGENCY: 530.273.3346
Glovin Production 11 8 23
000012
—
From: vcauchi@succeed.net
Sent: Monday, November 16, 2020 8:31 AM
To: Greg Jones
Ce: Laura Peters
Subject: FW: NiD Easement Violations
CAUTION: This email originated from outside your organization. Exercise caution when opening
attachments or on clicking links from unknown senders.
{
recervedtf ull re \ id
}'
Vincent Cauchi
»- All spentics,
m¢ fill
New 95658
530.613.8190
From: vcauchi@succeed.net
Sent: Wednesday, November 4, 2020 10:02 AM
To: ‘Greg Jones’
Ce: ‘Laura Peters’ ; ‘CAROLINE GUERRERO CAUCHT' ; Mel Hovell
(mhoveli@cbeachsdsu.org) ; ‘Maryann Curtis'
Subject: NID Easement Violations
di morn
NH t
ea wip
wat oO
pe
Vat rida
Me
R
Vincent Cauchi
Ster
unt
8190
Glovin Production 11 8 23
000013
sone
To: v cauchi
Ce: Laura Peters
Subject: RE: NID Easement Violations
Good Morning Mr. Cauchi,
It appears you are unwilling to wait until we have exhausted our internal review, When we met on
October 9, | mentioned this might take us a few weeks {at minimum) to decipher the issues. it has
been just over 3 weeks since we met.
tT) As you indicate in your email yesterday, you have turned this matter over for litigation. Please Ande
Regards,
Rr Blom mos
Greg Jones
Interim General Manager
Nevada Irrigation District
1036 W. Main Street
Grass Valley, CA. 95945
Office: 530.273.6185 x 226
Mobile: 530.446.0879
Email: jonesg@nidwater.com
NID EMERGENCY: 530.273.3346
From: vcauchi@succeed.net
Sent: Monday, November 2, 2020 8:15 AM
To: Greg Jones
Cc: Laura Peters
Subject: RE: NID Easement Violations
CAUTION: This email originated from outside your organization. Exercise
caution when opening
attachments or on clicking links from unknown senders.
n tor
4\ Ihe or \ I Hy n th
Hank you t torts
Vincent Cauchi
8
From: Greg Jones
Sent: Friday, October 30, 2020 1:58 PM
To: vcauchi@succeed.net
Ce: Laura Peters ; ‘CAROLINE GUERRERO CAUCH!" ; Mel Hovell
Glovin Production 11 8 23
000014
Subject: RE: NID Easement Violations
Hello Mr. Cauchi,
Thank you for your response earlier this week, NID is continuing to explore your stated easement concern. As
mentioned earlier, | will keep you updated on progress as appropriate.
Regards,
Greg Jones
tL
Interim General Manager
Nevada Irrigation District
1036 W. Main Street
Pre om wy Grass Valley, CA, 95945
Office: 530.273.6185 x 226
Mobile: 530.446.0879
Email: jonesg@nidwater.com
NID EMERGENCY: 530.273.3346
From: vcauchi@succeed.net
Sent: Monday, October 26, 2020 3:13 PM
To: Greg Jones
Cc: Laura Peters ; ‘CAROLINE GUERRERO CAUCHI’ ; Mel Hovell
Subject: NID Easement Violations
CAUTION: This email originated from outside your organization. Exercise caution when opening
attachments or on clicking links from unknown senders.
fil ‘
er 1 ny
Glovin Production 11 8 23
000015
NH
tT) a0
VT ae
Vincent Cauchi
1700 wy Tai Run
Neweusile. Cu 95658
530.613 8190
From: Greg Jones
Sent: Friday, October 23, 2020 10:27 AM
To: Vincent Cauchi
Ce: Laura Peters
Subject: RE: RE: RE: Cease the illegal discharge, 2725 China Well Road, Newcastle
Good morning Mr. Cauchi,
As we discussed, NID has looked into your assertion regarding easements.
1am, however, unable to determine whether, as you suppose, the district has exceeded its easement rights
granted by Brentnall by deed recorded May 20, 1988, or its right to the lateral support for facilities within the
easement area. I understand that, at a minimum, such a determination would require a professional survey data.
If you have information of this type (beyond handheld GPS), please provide it for our consideration.
Tam informed, moreover, that the District has used the land upon which its irrigation canal and appurtenances
are situated continuously for a period of more than five years, in a manner that was open, notorious, and clearly
visible to the owner of the burdened land, and hostile and adverse to the owner. I understand that to any extent
that the occupied area exceeds the easement area described in the Brentnall deed, the district has acquired a
prescriptive easement consistent with its past and continuing use. If you have information disputing this
proposition, please promptly provide it for our consideration
We look forward to resolving your concerns in this matter
Regards,
Greg Jones
Interim General Manager
Nevada irrigation District
1036 W. Main Street
Glovin Production 11 8 23
000016
Grass Valley, CA, 95945
Office: 530.273.6185 x 226
Mobile: 530.446.0879
Email: jonesg@nidwater.com
NID EMERGENCY: 530.273.3346
From: Vincent Cauchi
Sent: Friday, October 23, 2020 7:53 AM
To: Greg Jones
Ce: Laura Peters
Subject: RE: RE: Cease the illegal discharge, 2725 China Well Road, Newcastle
CAUTION: This email originated from outside your organization. Exercise caution when opening
attachments or on clicking links from unknown senders.
Goodmorning,
Can you please provide me any details of NID's conversation regarding this concern to date. Specifically the
last two weeks and the progress in that span.
Thank you,
Vincent
Sent from Biue
On Oct 16, 2020, at 10:22 AM, Greg Jones wrote:
Hello Vincent,
It was a pleasure meeting with you on site.
We are reviewing your concern, Asi mentioned, review of a matter such as yours will take time. At this point] am the
one who wouid be your contact until further notice and as such, | do not have additional guidance at this time. | hope
to have more information next week.
Regards,
— =
Seat
\?S35 esta Greg Jones
interim General Manager
Nevada irrigation District
1036 W. Main Street
Grass Vailey, CA. 95945
Office: 530.273.6185 x 226
Mobile: 530.446.0879
Email: jonesg@nidwater.com
NID EMERGENCY: 530.273.3346
From: vcauchi@succeed.net
Sent: Thursday, October 15, 2020 3:36 PM
To: Greg Jones
Ce: Laura Peters
Subject: RE: RE: Cease the illegal discharge, 2725 China Well Road, Newcastle
CAUTION: This email originated from outside your organization. Exercise caution when opening
attachments or on clicking links from unknown senders.
t 1 '
6
Glovin Production 11 8 23
000017
Vincent Cauchi
1
Alt n
1700 Cow HR
x * 5
530.613.8190
From: Greg Jones
Sent: Wednesday, September 30, 2020 10:32 AM
To: vcauchi@succeed.net
Ce: Laura Peters
Subject: RE: RE: Cease the illegal discharge, 2725 China Well Road, Newcastle
thank you.
ae
Greg Jones
Interim General Manager
Nevada Irrigation District
1036 W. Main Street
Grass Valley, CA, 95945
Office: 530.273.5185 x 226
Mobile: 530.446.0879
Email: jonesg@nidwater.com
L ea
NID EMERGENCY: 530.273.3346
From: vcauchi@succeed.net
Sent: Wednesday, September 30, 2020 9:19 AM
To: Greg Jones
Ce: Laura Peters
Subject: RE: RE: Cease the illegal discharge, 2725 China Well Road, Newcastl
e
CAUTION: This email originated from outside your organization.
Exercise caution when opening
attachments or on clicking links from unknown senders.
wb
i n
rank
Vincent Cauchi
cnt
x
w 1
530.613.8190
Glovin Production 11 8 23
000018
From: Greg Jones
Sent: Wednesday, September 30, 2020 7:50 AM
To: Vincent Cauchi
Ce: Laura Peters ; ‘CAROLINE GUERRERO CAUCHI'
Subject: RE: RE: Cease the illegal discharge, 2725 China Well Road, Newcastle
How about 8:30am?
co
Greg Jones
Interim General Manager
Nevada Irrigation District
1036 W. Main Street
Grass Valley, CA. 95945
Office; 530.273.6185 x 226
Mobile: 530.446.0879
Email: jonesg @nidwater.com
4 NID EMERGENCY: 530.273.3346
From: Vincent Cauchi
Sent: Tuesday, September 29, 2020 3:21 PM
To: Greg Jones
Ce; Laura Peters ; ‘CAROLINE GUERRERO CAUCHI'
Subject: RE: Cease the illegal discharge, 2725 China Well Road, Newcastle
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on
clicking links from unknown senders.
To all,
I have scheduled an afternoon meeting on the 9th. So our meeting will have to be in the morning. Please
advise of a time.
Vince
Sent from Blue
On Sep 24, 2020, at 4:56 PM, Coes et wrote:
the t part
Glovin Production 11 8 23
000019
tt tached ne a nents, spectically the
pr zany ! the Distr t pr ts the Grater from this
t beh.avar on the 1 mnt turthe upport Ic and t what aval with
NID? Tbeheve there need to be an explanation te this behavior
The tor v of th fea an muke th ferstandingof the road ener hing sue dhificn i 1 Lam
tvinlable on x walk the ft hy three nly Please what t uw dc fo eC
Sincerely
Vincent Cauchi
CEO - Alta Swerra Properties, Lid
1700 Country Hill Run
Neweastic. Ca 98058
§30 613 B190
From: Greg Jones ; ‘CAROLINE GUERRERO CAUCHI
Subject: RE: Cease the illegal discharge, 2725 China Well Road, Newcastle
Good Moming Mr. Cauchi,
In discussing your first concern regarding the water tennination on a private line with NID staff, J am under the
conclusion that there is nothing more for NID to be done. The leak in the private line has been repaired and discussions
with the box holder indicates that after irrigation season and payment for services, NID will move the box. Further.
NID has been in contact with the Water Board regarding this issue and we deem it resolved
In regards to your casements. Our Maintenance Supervisor met with you recently to take a look at the assertion of
NID’s dumping of canal maintenance debris and reducing your driveway casement width. Upon review of the
photographs. the driveway, and the canal layout, it is unclear to me how NID would be increasing the
size of the canal
berm and reducing your driveway width.
Perhaps the best opportunity is to meet you in person on site — | think at this point that is the best option. You have
included Dir. Peters in this communication so I'd like to include her in the site visit as well. I would be open for a visit
either Thursday, October 8 or Friday the 9”
Please let me know if this will work and what day / time works best for you
Regards.
Glovin Production 11 8 23
000020
fa se
Seas Greg Jones
Interim General Manager
|
Nevada Irrigation District
1036 W, Main Street
|
| Grass Valley, CA. 95945
Office: 530,273 6185 x 226
Mobile: 530.446.0879
Email: jones @nidwater.com
NID EMERGENCY: 530.273.3346
From: veauchi@succeed
net
Sent: Monday, September 21, 2020 1:31 PM
To: Greg Jones
Ce: Laura Peters ; ‘CAROLINE GUERRERO CAUCH
Subject: RE: Cease the illegal discharge, 2725 China Well Road, Newcastle
CAUTION: This email originated from outside your organization. Exercise caution when opening
attachments or on clicking links from unknown senders.
Mr. |
I have
Vincent Cauchi
CEQ - Alta Sierra Properties. Ltd
1700 Countrs Hull Run
Newcastle, Ca 95688
530 8190
From: Greg Jones
Sent: Thursday, September 3, 2020 4:56 PM
To: chi @succeed net
Ce: ; " CAROLINE GUERRERO CAUCHP
Subject: RE: Cease the illegal discharge, 2725 China Well Road, Newcastle
Mr Cauchi
| appreciate your email and concems. The prin ciple staff involved in your request for water termination below are
1 do recall we
unfortunately out of the office until next week. At that point | will reconvene and NID will respond.
10
Glovin Production 11 8 23
000021
tried numerous times in June / early July to connect on site with the Water Board, however I don’t believe that was
successful.
Further, 1 will reach out to our Placer maintenance crew to get an understanding of the canal berm issue you mention.
Regards,
(as SS = "| Greg Jones
Interim General Manager
Nevada Irrigation District
1036 W. Main Street
Grass Valley, CA. 95945
——
Office: 530.273.6185 x 226
Mobile: 530.446.0879
Email: jonesg@nidwater.com
NID EMERGENCY: 530.273.3346
From: veauchi @isucceed net
Sent: Monday, August 31, 202! PM
To: Greg Jones
Ce: Laura Peters ; CAROLINE GUERRERO CAUCH
Subject: Cease the illegal discharge, 2725 China Well Road, Newcastle
CAUTION: This email originated from outside your organization. Exercise caution when opening
attachments or on clicking links from unknown senders.
( t i I
umiliar iy that Du dt h
hy
i ")
I ype
Vs i 1D
i" ISK ‘1 56 \ K
it
Glovin Production 11 8 23
000022
Upoa rvevi art appear uc
nal nfortunely " wt ide t Mat {
pl By « mu ng. the vt Isi it apy ID ha d and enar
ar and re ve he tel hose ¢ at fhe dumping
he vx mir adw by 8 and et s hava ct
rege! chicles
The following ts he k rondinons 1 A & B
The Distnet rf
The Distre shall promprt ba m. an snd repatr in its Ul
de ¢
Grantor's private road or bane n id Lands
The Di hall ind v Grant yan aN w damage dl the At
" i r A mt rupl in
the course their ¢ ment
I you could arrange t net met t NID Enginces review { rw ald be greatly
previated ™ it ye attaches the em. r refer J hay made
ok
amiments regarding the m f anon t
Sincerely
Vincent Cauchi
CEO - Alta Sierra Properties. Lid
1700 Countn Hill Run
Newcastle. Ca 95658
430613 8190
From: Chip Close
Sent: Friday, June 19, 2020 4:40 PM
To: 'Hold, Howard@Waterboards’
Cc: Holmes, Kari@Waterboards ; ycauchiia. succeed net; Childs,
Guy@Waterboards
Subject: RE: Cease the illegal discharge.
Mr. Hold, thank you for vour email, [ tried calling to discuss and left you a voicemail. Given the seriousness of your
email, and its tone, | though it prudent to also respond promptly in writing
As an initial matter, you mention a complaint filed by Mr Cauchi. The District would appreciate a copy of the
compliant so staff can properly assess. and address the issue
You should also be aware of the Nevada Irngation Distriet’s efforts and investigation regarding this matter prior to
receipt of your email. The District is aware of a private dispute amongst landowners ai this address (the owner of the
pipeline is derelict in his maintenance and will not take responsibility) . The District is selling irrigation water to a
property owner from our canal system to a neighboring property owner of Mr. Cauchi, According to District records.
this delivery has occurred for decades without issue. From the District's service outlet ai the canal, the water travels in a
R
Glovin Production 11 8 23
000023
private pipeline to the purchasing partys property. The private line crosses Mr. Cauchi's property, and has done so
since the 1960's . Mr. Cauchi has been in communication with the District requesting to move the private line:
unfortunately, it is not a District owned facility and not under our jurisdiction and we have advised Mr. Cauchi that we
cannot relocate the line (This is a complete misrepresentation of the facts. [ have never asked NID to be involved with
the relocation, in fact only informed them of the plan fo: rity, causing mass confusion). Pursuant to applicable law
and District rules and regulations, the District's responsibi ies end at its delivery box. It is then the responsibility of the
customer, having purchase the water, to have in place any agreements to deliver the water to its place of use and to
maintain the line so as to avoid waste of the water. If the burdened landowner (Mr. Cauchi) wants to move the line, that
too is a private matter presumably govemed by whatever agreement exists between the two property owners. The
District will not intervene in such private matters
On June 8, 2020, Mr. Cauchi informed the District of a leak on the private line. Following the notification, the District
visited the property and found no obvious evidence of a leak. On June 16, 2020, Mr. Cauchi provided a picture showing
a leak supposedly coming from the pipeline (this was not abserved by District staff on June 8), This reference is
insulting, and having a NID employce trespass looking for a leak on a 10 acre overgrown parcel? Following receipt of
the picture, the District reached out to the owners of the private line to inform them that the leak must be repaired by
June 25" or service will be shut off per District Rules and Regulations. The private pipeline owners informed the
District that Mr. Cauchi will not Jet them on the property to fix the leak further complicating the issue. Again, this is a
pnivate mattcr between two property owners and the District will not mediate or otherwise pick sides in a private
dispute. And as much of this information that has been delivered, it should have not, as it is not relevant to the Water
Boards request to Cease the flow. The District wall, however, enforce its rules and regulations, including those
prohibiting the waste of water on the customer's side of the point of delivery. If the leak is not satisfactorily resolyed or
otherwise addressed, including by the affected parties in the judicial system, the District will terminate service to the
private line by the by the June 25" deadline, This is the issue at hand as | believe NID’s regulation is in violation of the
Califomia’s Water Boards laws as indicated in Mr Hold’s email below
I look forward to discussing this further with you when you are able to return my phone call
Regards
(Sear SS
From: Hold, Howard@Waterboards <}oward.Hold @waterboards.ca.gov>
Sent: Friday, June 19, 2020 3:03 PM
To: Chip Close
Cc: Holmes, Kari@Waterboards ; veauchi@succeed.net; Childs,
Guy@Waterboards
Subject: Cease the illegal discharge.
CAUTION: This email originated from outside your organization. Exercise caution when opening
attachments or on clicking links from unknown senders.
Good Afternoon Mr. Close, | was forwarded a complaint today by the State Water Board about an illegal
discharge of NID water in the rural area near the City of Aubum. As explained to me by the property owner,
123
Glovin Production 11 8 23
000024
Mr. Cauchi, there is a water line/canal that is leaking a large volume of water (estimation greater than
4,000,000 gallons of water) onto his property. Mr. Cauchi explained to me that he has brought this to NIDs
attention and has requested that NID tum off the water and make repairs. NID has yet to repair the leak or
tum off the supply.
This discharge must cease immediately. This is an unpermitted discharge of NID's water onto his property,
which conflicts with the State Water Code. In response, Staff from the Central Valley Regional Water Board
will be inspecting the site at 2725 China Well Road, Aubum early in the week of June 22™ to evaluate if NID
has complied by repairing the leak, or has ceased the discharge. We are evaluating additional enforcement
actions at this time.
If you have any concems about this matter, you can send them directly to my supervisor Kari Holmes at
Kari. holmes @waterboards.ca.gov.
Howard Hold, PG #7466
Senior Engineering Geologist
Title 27 and WDR Compliance and Enforcement Unit
Central Valley, Regional Water Quality Control Board
11020 Sun Center Drive, Suite 200
Rancho Cordova, CA 95670
1-916-464-4679 (direct)
bhold
Ne @.waterboards.ca.gov
ae
14
Glovin Production 11 8 23
000025
ATTACHMENT
000026
ek
FE
8e
Qa
er
scp
Bg
2.
ig
sas
Bao
$ss
22s
BRR
S33
32
Glovin Production 11 8 23
000027
-
=
.
PLACER COUNTY
Ist Nolin Eercot- AL
Preview
ELECTRONICALLY FILED Superior Court of California, County of Placer DIEPENBROCK & COTTER, LLP 12/20/2023 at 02:51:13 PM JOHN P. COTTER, State Bar No. 158783 By: Laurel L Sanders SARAH K. GLATT, State Bar No. 308103 Deputy Clerk 1435 River Park Drive, Suite 400 Sacramento, California 95815 T. (916) 565-6222 | F. (916) 565-6220 E. jpc@ diepenbrockcotter.com | skg@ diepenbrockcotter.com Attorneys for Defendant NEVADA IRRIGATION DISTRICT SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF PLACER 10 11 GLOVIN BUILDING VISIONARIES, LLC., Case No.: S-CV-0046749 A CALIFORNIA LIMITED LIABILITY 12 COMPANY, DECLARATION OF SARAH K. GLATT IN REPLY TO OPPOSITION TO 13 Plaintiff, MOTION TO COMPEL GLOVIN BUILDING VISIONARIES, LLC’S 14 vs. FURTHER RESPONSES TO WRITTEN DISCOVERY AND REQUEST FOR 15 NEVADA IRRIGATION DISTRICT; and $2,000.00 INMONETARY SANCTIONS DOES 1 through 50, inclusive, 16 Defendants. Date: January 2, 2024 17 Time 8:30 A.M. Dept: 42 18 19 Complaint Filed: 05/24/2021 Trial Date: None 20 21 22 23 I, SARAH K. GLATT, declare: 24 1 I am an attorney employed by Diepenbrock & Cotter, LLP, counsel of record for 25 defendant Nevada Irrigation District (hereinafter “NID”). I am licensed to practice law before the 26 courts of the State of Califomia. I have personal knowledge of the facts set forth in this 27 declaration and, if called as a witness, I could and would testify competently thereto. 28 // 1 DECLARATION OF SARAH K. GLATT IN REPLY TO OPPOSITION TO MOTION TO COMPEL GLOVIN BULDING VISIONAIRS, LLC’S FURTHER RESPONSES TO WRITTEN DISCOVERY AND REQUEST FOR $2,000.00 IN MONETARY SANCTIONS 2 On November 8, 2023, Glovin Building Visionaries served documents pursuant to these NID’s Request for Production of Documents, Set One. A copy of these documents are attached hereto as Exhibit “V.” 3 On December 12 ,2023, counsel for Glovin Building Visionaries, LLC’s (hereinafter “Glovin”) served Glovin Building Visionaries, LLC’s Further Supplemental Responses to Nevada Irrigation District’s Request For Production of Documents. A true and correct copy of Glovin Building Visionaries, LLC’s Further Supplemental Responses to Nevada Irrigation District’s Request For Production of Documents as received by my office is attached hereto as Exhibit “W.” 10 4. The factual averments contained in this motion are true and correct on information 11 and belief. I declare under penalty of perjury under the laws of the State of California that the 12 foregoing is true and correct except as to matters stated on information and belief and as to those 13 matters, I believe them to be true. / x 14 This declaration was executed on Decefn der 20, 2023 i) in Sac ep ento{ ¥ for{/ / 15 MAC ee 16 RAH K. GLATT 17 18 19 20 21 22 23 24 25 26 27 28 2 DECLARATION OF SARAH K. GLATT IN REPLY TO OPPOSITION TO MOTION TO COMPEL GLOVIN BULDING VISIONAIRS, LLC’S FURTHER RESPONSES TO WRITTEN DISCOVERY AND REQUEST FOR $2,000.00 IN MONETARY SANCTIONS EXHIBIT “V” EXHIBIT “V” ni g wy a3) ] ee 4 a a cia ae i P% , aa os § tS > 1 z ed i 4 ‘ a 5 Glovin Production 11 8 23 000001 se B® Me Pate: Pa 2 ed a3 a 2 x Glovin Production 11 8 23 000002 i a Ta Ts) rd :* see \, 3 y | a! a a 7 bos) ee Be .fe a * Rae. a i 2, a m= ra a , i Ph a se “1 oe =r) = - po a Ph es . aE ie | a ee be | re A va Glovin Production 11 8 23 000003 ss ed = i Poo) Ps Pal 7 ’ , ral s) P| a oe = a i oe a 4 a i! i Be ¥ eal a it =.) a bd Se im es _ B. lovin Production 11 8 23 000004 | 4 yo se re “yy a ra i hee pena ee = ad nates ia a rs % tog pad pa 2 a i ae:PG a ee “> nT, es ete? ae ae es o>ny oy " Bi go F Sal el Ps ae I a pA scl ay 5 ae all a pie) Son te tok ‘ = a Eig Oa oo hs ca a: = oom a Pa: Se =. aos ad Glovin Production 11 8 23 000007 ATTACHMENT eee = 60 €Z 8 LE UoHONpold UIAO|S ae! ty if pad a i fi re he ie iy Ls ~ 4 Ad = Y= es be . ida i a hy Pa ay me fal = , J wd aes ‘ig Ps ee: a! aP) ye rd Fs | ee te eee 3 v2 fs 7 oo ee ie i > ee a ~ os ts Ss ww eh %. ‘no ‘4 aA 2 pS i a Li ery ae es ball iy “ il an _ s, Pe ae +2 ay ae | eal =e Kal 4 i ATTACHMENT vcauchi@succeed.net Subject: FW: NID Easement Violations From: vcauchi@succeed.net Sent: Thursday, December 3, 2020 9:53 AM Ta: ‘Greg Jones' tie) Subject: RE: NID Easement Violations gg a vu Vincent Cauchi che. From: Greg Jones Sent: Monday, November 23, 2020 10:28 AM To: veauchi@succeed. et Ce: Laura Peters Subject: RE: NID Easement Violations Good Morning Mr. Cauchi, NID continues to review and is still in the process of assessi ng your concerns relating to your property, ! hope to have more definitive informatio n after the holiday. Regards, Greg Jones interim General Manager Nevada Irrigation District 1036 W. Main Street Grass Valley, CA, 95945 Office: 530.273.6185 x 226 Mobile: 530.446.0879 Email; jonesg @nidwater.com NID EMERGENCY: 530.273.3346 Glovin Production 11 8 23 000012 — From: vcauchi@succeed.net Sent: Monday, November 16, 2020 8:31 AM To: Greg Jones Ce: Laura Peters Subject: FW: NiD Easement Violations CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. { recervedtf ull re \ id }' Vincent Cauchi »- All spentics, m¢ fill New 95658 530.613.8190 From: vcauchi@succeed.net Sent: Wednesday, November 4, 2020 10:02 AM To: ‘Greg Jones’ Ce: ‘Laura Peters’ ; ‘CAROLINE GUERRERO CAUCHT' ; Mel Hovell (mhoveli@cbeachsdsu.org) ; ‘Maryann Curtis' Subject: NID Easement Violations di morn NH t ea wip wat oO pe Vat rida Me R Vincent Cauchi Ster unt 8190 Glovin Production 11 8 23 000013 sone To: v cauchi Ce: Laura Peters Subject: RE: NID Easement Violations Good Morning Mr. Cauchi, It appears you are unwilling to wait until we have exhausted our internal review, When we met on October 9, | mentioned this might take us a few weeks {at minimum) to decipher the issues. it has been just over 3 weeks since we met. tT) As you indicate in your email yesterday, you have turned this matter over for litigation. Please Ande Regards, Rr Blom mos Greg Jones Interim General Manager Nevada Irrigation District 1036 W. Main Street Grass Valley, CA. 95945 Office: 530.273.6185 x 226 Mobile: 530.446.0879 Email: jonesg@nidwater.com NID EMERGENCY: 530.273.3346 From: vcauchi@succeed.net Sent: Monday, November 2, 2020 8:15 AM To: Greg Jones Cc: Laura Peters Subject: RE: NID Easement Violations CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. n tor 4\ Ihe or \ I Hy n th Hank you t torts Vincent Cauchi 8 From: Greg Jones Sent: Friday, October 30, 2020 1:58 PM To: vcauchi@succeed.net Ce: Laura Peters ; ‘CAROLINE GUERRERO CAUCH!" ; Mel Hovell Glovin Production 11 8 23 000014 Subject: RE: NID Easement Violations Hello Mr. Cauchi, Thank you for your response earlier this week, NID is continuing to explore your stated easement concern. As mentioned earlier, | will keep you updated on progress as appropriate. Regards, Greg Jones tL Interim General Manager Nevada Irrigation District 1036 W. Main Street Pre om wy Grass Valley, CA, 95945 Office: 530.273.6185 x 226 Mobile: 530.446.0879 Email: jonesg@nidwater.com NID EMERGENCY: 530.273.3346 From: vcauchi@succeed.net Sent: Monday, October 26, 2020 3:13 PM To: Greg Jones Cc: Laura Peters ; ‘CAROLINE GUERRERO CAUCHI’ ; Mel Hovell Subject: NID Easement Violations CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. fil ‘ er 1 ny Glovin Production 11 8 23 000015 NH tT) a0 VT ae Vincent Cauchi 1700 wy Tai Run Neweusile. Cu 95658 530.613 8190 From: Greg Jones Sent: Friday, October 23, 2020 10:27 AM To: Vincent Cauchi Ce: Laura Peters Subject: RE: RE: RE: Cease the illegal discharge, 2725 China Well Road, Newcastle Good morning Mr. Cauchi, As we discussed, NID has looked into your assertion regarding easements. 1am, however, unable to determine whether, as you suppose, the district has exceeded its easement rights granted by Brentnall by deed recorded May 20, 1988, or its right to the lateral support for facilities within the easement area. I understand that, at a minimum, such a determination would require a professional survey data. If you have information of this type (beyond handheld GPS), please provide it for our consideration. Tam informed, moreover, that the District has used the land upon which its irrigation canal and appurtenances are situated continuously for a period of more than five years, in a manner that was open, notorious, and clearly visible to the owner of the burdened land, and hostile and adverse to the owner. I understand that to any extent that the occupied area exceeds the easement area described in the Brentnall deed, the district has acquired a prescriptive easement consistent with its past and continuing use. If you have information disputing this proposition, please promptly provide it for our consideration We look forward to resolving your concerns in this matter Regards, Greg Jones Interim General Manager Nevada irrigation District 1036 W. Main Street Glovin Production 11 8 23 000016 Grass Valley, CA, 95945 Office: 530.273.6185 x 226 Mobile: 530.446.0879 Email: jonesg@nidwater.com NID EMERGENCY: 530.273.3346 From: Vincent Cauchi Sent: Friday, October 23, 2020 7:53 AM To: Greg Jones Ce: Laura Peters Subject: RE: RE: Cease the illegal discharge, 2725 China Well Road, Newcastle CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Goodmorning, Can you please provide me any details of NID's conversation regarding this concern to date. Specifically the last two weeks and the progress in that span. Thank you, Vincent Sent from Biue On Oct 16, 2020, at 10:22 AM, Greg Jones wrote: Hello Vincent, It was a pleasure meeting with you on site. We are reviewing your concern, Asi mentioned, review of a matter such as yours will take time. At this point] am the one who wouid be your contact until further notice and as such, | do not have additional guidance at this time. | hope to have more information next week. Regards, — = Seat \?S35 esta Greg Jones interim General Manager Nevada irrigation District 1036 W. Main Street Grass Vailey, CA. 95945 Office: 530.273.6185 x 226 Mobile: 530.446.0879 Email: jonesg@nidwater.com NID EMERGENCY: 530.273.3346 From: vcauchi@succeed.net Sent: Thursday, October 15, 2020 3:36 PM To: Greg Jones Ce: Laura Peters Subject: RE: RE: Cease the illegal discharge, 2725 China Well Road, Newcastle CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. t 1 ' 6 Glovin Production 11 8 23 000017 Vincent Cauchi 1 Alt n 1700 Cow HR x * 5 530.613.8190 From: Greg Jones Sent: Wednesday, September 30, 2020 10:32 AM To: vcauchi@succeed.net Ce: Laura Peters Subject: RE: RE: Cease the illegal discharge, 2725 China Well Road, Newcastle thank you. ae Greg Jones Interim General Manager Nevada Irrigation District 1036 W. Main Street Grass Valley, CA, 95945 Office: 530.273.5185 x 226 Mobile: 530.446.0879 Email: jonesg@nidwater.com L ea NID EMERGENCY: 530.273.3346 From: vcauchi@succeed.net Sent: Wednesday, September 30, 2020 9:19 AM To: Greg Jones Ce: Laura Peters Subject: RE: RE: Cease the illegal discharge, 2725 China Well Road, Newcastl e CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. wb i n rank Vincent Cauchi cnt x w 1 530.613.8190 Glovin Production 11 8 23 000018 From: Greg Jones Sent: Wednesday, September 30, 2020 7:50 AM To: Vincent Cauchi Ce: Laura Peters ; ‘CAROLINE GUERRERO CAUCHI' Subject: RE: RE: Cease the illegal discharge, 2725 China Well Road, Newcastle How about 8:30am? co Greg Jones Interim General Manager Nevada Irrigation District 1036 W. Main Street Grass Valley, CA. 95945 Office; 530.273.6185 x 226 Mobile: 530.446.0879 Email: jonesg @nidwater.com 4 NID EMERGENCY: 530.273.3346 From: Vincent Cauchi Sent: Tuesday, September 29, 2020 3:21 PM To: Greg Jones Ce; Laura Peters ; ‘CAROLINE GUERRERO CAUCHI' Subject: RE: Cease the illegal discharge, 2725 China Well Road, Newcastle CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. To all, I have scheduled an afternoon meeting on the 9th. So our meeting will have to be in the morning. Please advise of a time. Vince Sent from Blue On Sep 24, 2020, at 4:56 PM, Coes et wrote: the t part Glovin Production 11 8 23 000019 tt tached ne a nents, spectically the pr zany ! the Distr t pr ts the Grater from this t beh.avar on the 1 mnt turthe upport Ic and t what aval with NID? Tbeheve there need to be an explanation te this behavior The tor v of th fea an muke th ferstandingof the road ener hing sue dhificn i 1 Lam tvinlable on x walk the ft hy three nly Please what t uw dc fo eC Sincerely Vincent Cauchi CEO - Alta Swerra Properties, Lid 1700 Country Hill Run Neweastic. Ca 98058 §30 613 B190 From: Greg Jones ; ‘CAROLINE GUERRERO CAUCHI Subject: RE: Cease the illegal discharge, 2725 China Well Road, Newcastle Good Moming Mr. Cauchi, In discussing your first concern regarding the water tennination on a private line with NID staff, J am under the conclusion that there is nothing more for NID to be done. The leak in the private line has been repaired and discussions with the box holder indicates that after irrigation season and payment for services, NID will move the box. Further. NID has been in contact with the Water Board regarding this issue and we deem it resolved In regards to your casements. Our Maintenance Supervisor met with you recently to take a look at the assertion of NID’s dumping of canal maintenance debris and reducing your driveway casement width. Upon review of the photographs. the driveway, and the canal layout, it is unclear to me how NID would be increasing the size of the canal berm and reducing your driveway width. Perhaps the best opportunity is to meet you in person on site — | think at this point that is the best option. You have included Dir. Peters in this communication so I'd like to include her in the site visit as well. I would be open for a visit either Thursday, October 8 or Friday the 9” Please let me know if this will work and what day / time works best for you Regards. Glovin Production 11 8 23 000020 fa se Seas Greg Jones Interim General Manager | Nevada Irrigation District 1036 W, Main Street | | Grass Valley, CA. 95945 Office: 530,273 6185 x 226 Mobile: 530.446.0879 Email: jones @nidwater.com NID EMERGENCY: 530.273.3346 From: veauchi@succeed net Sent: Monday, September 21, 2020 1:31 PM To: Greg Jones Ce: Laura Peters ; ‘CAROLINE GUERRERO CAUCH Subject: RE: Cease the illegal discharge, 2725 China Well Road, Newcastle CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Mr. | I have Vincent Cauchi CEQ - Alta Sierra Properties. Ltd 1700 Countrs Hull Run Newcastle, Ca 95688 530 8190 From: Greg Jones Sent: Thursday, September 3, 2020 4:56 PM To: chi @succeed net Ce: ; " CAROLINE GUERRERO CAUCHP Subject: RE: Cease the illegal discharge, 2725 China Well Road, Newcastle Mr Cauchi | appreciate your email and concems. The prin ciple staff involved in your request for water termination below are 1 do recall we unfortunately out of the office until next week. At that point | will reconvene and NID will respond. 10 Glovin Production 11 8 23 000021 tried numerous times in June / early July to connect on site with the Water Board, however I don’t believe that was successful. Further, 1 will reach out to our Placer maintenance crew to get an understanding of the canal berm issue you mention. Regards, (as SS = "| Greg Jones Interim General Manager Nevada Irrigation District 1036 W. Main Street Grass Valley, CA. 95945 —— Office: 530.273.6185 x 226 Mobile: 530.446.0879 Email: jonesg@nidwater.com NID EMERGENCY: 530.273.3346 From: veauchi @isucceed net Sent: Monday, August 31, 202! PM To: Greg Jones Ce: Laura Peters ; CAROLINE GUERRERO CAUCH Subject: Cease the illegal discharge, 2725 China Well Road, Newcastle CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. ( t i I umiliar iy that Du dt h hy i ") I ype Vs i 1D i" ISK ‘1 56 \ K it Glovin Production 11 8 23 000022 Upoa rvevi art appear uc nal nfortunely " wt ide t Mat { pl By « mu ng. the vt Isi it apy ID ha d and enar ar and re ve he tel hose ¢ at fhe dumping he vx mir adw by 8 and et s hava ct rege! chicles The following ts he k rondinons 1 A & B The Distnet rf The Distre shall promprt ba m. an snd repatr in its Ul de ¢ Grantor's private road or bane n id Lands The Di hall ind v Grant yan aN w damage dl the At " i r A mt rupl in the course their ¢ ment I you could arrange t net met t NID Enginces review { rw ald be greatly previated ™ it ye attaches the em. r refer J hay made ok amiments regarding the m f anon t Sincerely Vincent Cauchi CEO - Alta Sierra Properties. Lid 1700 Countn Hill Run Newcastle. Ca 95658 430613 8190 From: Chip Close Sent: Friday, June 19, 2020 4:40 PM To: 'Hold, Howard@Waterboards’ Cc: Holmes, Kari@Waterboards ; ycauchiia. succeed net; Childs, Guy@Waterboards Subject: RE: Cease the illegal discharge. Mr. Hold, thank you for vour email, [ tried calling to discuss and left you a voicemail. Given the seriousness of your email, and its tone, | though it prudent to also respond promptly in writing As an initial matter, you mention a complaint filed by Mr Cauchi. The District would appreciate a copy of the compliant so staff can properly assess. and address the issue You should also be aware of the Nevada Irngation Distriet’s efforts and investigation regarding this matter prior to receipt of your email. The District is aware of a private dispute amongst landowners ai this address (the owner of the pipeline is derelict in his maintenance and will not take responsibility) . The District is selling irrigation water to a property owner from our canal system to a neighboring property owner of Mr. Cauchi, According to District records. this delivery has occurred for decades without issue. From the District's service outlet ai the canal, the water travels in a R Glovin Production 11 8 23 000023 private pipeline to the purchasing partys property. The private line crosses Mr. Cauchi's property, and has done so since the 1960's . Mr. Cauchi has been in communication with the District requesting to move the private line: unfortunately, it is not a District owned facility and not under our jurisdiction and we have advised Mr. Cauchi that we cannot relocate the line (This is a complete misrepresentation of the facts. [ have never asked NID to be involved with the relocation, in fact only informed them of the plan fo: rity, causing mass confusion). Pursuant to applicable law and District rules and regulations, the District's responsibi ies end at its delivery box. It is then the responsibility of the customer, having purchase the water, to have in place any agreements to deliver the water to its place of use and to maintain the line so as to avoid waste of the water. If the burdened landowner (Mr. Cauchi) wants to move the line, that too is a private matter presumably govemed by whatever agreement exists between the two property owners. The District will not intervene in such private matters On June 8, 2020, Mr. Cauchi informed the District of a leak on the private line. Following the notification, the District visited the property and found no obvious evidence of a leak. On June 16, 2020, Mr. Cauchi provided a picture showing a leak supposedly coming from the pipeline (this was not abserved by District staff on June 8), This reference is insulting, and having a NID employce trespass looking for a leak on a 10 acre overgrown parcel? Following receipt of the picture, the District reached out to the owners of the private line to inform them that the leak must be repaired by June 25" or service will be shut off per District Rules and Regulations. The private pipeline owners informed the District that Mr. Cauchi will not Jet them on the property to fix the leak further complicating the issue. Again, this is a pnivate mattcr between two property owners and the District will not mediate or otherwise pick sides in a private dispute. And as much of this information that has been delivered, it should have not, as it is not relevant to the Water Boards request to Cease the flow. The District wall, however, enforce its rules and regulations, including those prohibiting the waste of water on the customer's side of the point of delivery. If the leak is not satisfactorily resolyed or otherwise addressed, including by the affected parties in the judicial system, the District will terminate service to the private line by the by the June 25" deadline, This is the issue at hand as | believe NID’s regulation is in violation of the Califomia’s Water Boards laws as indicated in Mr Hold’s email below I look forward to discussing this further with you when you are able to return my phone call Regards (Sear SS From: Hold, Howard@Waterboards <}oward.Hold @waterboards.ca.gov> Sent: Friday, June 19, 2020 3:03 PM To: Chip Close Cc: Holmes, Kari@Waterboards ; veauchi@succeed.net; Childs, Guy@Waterboards Subject: Cease the illegal discharge. CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Good Afternoon Mr. Close, | was forwarded a complaint today by the State Water Board about an illegal discharge of NID water in the rural area near the City of Aubum. As explained to me by the property owner, 123 Glovin Production 11 8 23 000024 Mr. Cauchi, there is a water line/canal that is leaking a large volume of water (estimation greater than 4,000,000 gallons of water) onto his property. Mr. Cauchi explained to me that he has brought this to NIDs attention and has requested that NID tum off the water and make repairs. NID has yet to repair the leak or tum off the supply. This discharge must cease immediately. This is an unpermitted discharge of NID's water onto his property, which conflicts with the State Water Code. In response, Staff from the Central Valley Regional Water Board will be inspecting the site at 2725 China Well Road, Aubum early in the week of June 22™ to evaluate if NID has complied by repairing the leak, or has ceased the discharge. We are evaluating additional enforcement actions at this time. If you have any concems about this matter, you can send them directly to my supervisor Kari Holmes at Kari. holmes @waterboards.ca.gov. Howard Hold, PG #7466 Senior Engineering Geologist Title 27 and WDR Compliance and Enforcement Unit Central Valley, Regional Water Quality Control Board 11020 Sun Center Drive, Suite 200 Rancho Cordova, CA 95670 1-916-464-4679 (direct) bhold Ne @.waterboards.ca.gov ae 14 Glovin Production 11 8 23 000025 ATTACHMENT 000026 ek FE 8e Qa er scp Bg 2. ig sas Bao $ss 22s BRR S33 32 Glovin Production 11 8 23 000027 - = . PLACER COUNTY Ist Nolin Eercot- AL