Preview
APP-003
ATTORNEY OR PARTY WITHOUT ATTORNEY STATE BAR NUMBER: FOR COURT USE ONLY
NAME: Richard T. Egger (SBN) 162581; Amy E. Hoyt (SBN 149789)
FIRM NAME: Best Best & Krieger LLP
STREET ADDRESS: 2855 E. Guasti Road, Suite 400
CITY: Ontario STATE: CA ZIP CODE: 91761
TELEPHONE NO.: (909) 989-8584 FAX NO.: (909) 844-1441
E-MAIL ADDRESS: richard.egger@bbklaw.com; amy.hoyt@bbklaw.com
ATTORNEY FOR (name): Local Agency Formation Commission of Monterey County, et al.
SUPERIOR COURT OF CALIFORNIA, COUNTY OF MONTEREY
STREET ADDRESS: 1200 Aguajito Road
MAILING ADDRESS:
CITY AND ZIP CODE: Monterey 93940
BRANCH NAME:
PLAINTIFF/PETITIONER: Monterey Peninsula Water Management District
DEFENDANT/RESPONDENT: Local Agency Formation Commission of Monterey
County, et al.
OTHER PARENT/PARTY: California-American Water Company
APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL SUPERIOR COURT CASE NUMBER:
(UNLIMITED CIVIL CASE) 22CV000925
COURT OF APPEAL CASE NUMBER (if known):
Re: Appeal filed on (date): February 9, 2024
Notice: Please read Information on Appeal Procedures for Unlimited Civil Cases (form APP-001-INFO) before
completing this form. This form must be filed in the superior court, not in the Court of Appeal.
1 RECORD OF THE DOCUMENTS FILED IN THE SUPERIOR COURT
I choose to use the following method of providing the Court of Appeal with a record of the documents filed in the superior court
(check a, b, c, or d, and fill in any required information):
a. A clerk's transcript under rule 8.122. (You must check (1) or (2) and fill out the clerk's transcript section (item 4) on pages
2 and 3 of this form.)
(1) I will pay the superior court clerk for this transcript myself when I receive the clerk's estimate of the costs of this
transcript. I understand that if I do not pay for this transcript, it will not be prepared and provided to the Court of
Appeal. [Respondents/Appellants are exempt from paying for Clerk’s Transcript (Gov. Code § 6103).]
(2) I request that the clerk's transcript be provided to me at no cost because I cannot afford to pay this cost. I have
submitted the following document with this notice designating the record (check (a) or (b)):
(a) An order granting a waiver of court fees and costs under rules 3.50-3.58; or
(b) An application for a waiver of court fees and costs under rules 3.50-3.58. (Use Request to Waive Court Fees
(form FW-001) to prepare and file this application.)
b. An appendix under rule 8.124.
c. The original superior court file under rule 8.128. (NOTE: Local rules in the Court of Appeal, First, Third, and Fourth
Appellate Districts, permit parties to stipulate (agree) to use the original superior court file instead of a clerk's transcript;
you may select this option if your appeal is in one of these districts and all the parties have stipulated to use the original
superior court file instead of a clerk's transcript in this case. Attach a copy of this stipulation.)
d. An agreed statement under rule 8.134. (You must complete item 2b(2) below and attach to your agreed statement copies
of all the documents that are required to be included in the clerk's transcript. These documents are listed in rule 8.134(a).)
2 RECORD OF ORAL PROCEEDINGS IN THE SUPERIOR COURT
I choose to proceed (you must check a or b below):
a. WITHOUT a record of the oral proceedings (what was said at the hearing or trial) in the superior court. I understand that
without a record of the oral proceedings in the superior court, the Court of Appeal will not be able to consider what was
said during those proceedings in deciding whether an error was made in the superior court proceedings.
Page 1 of 4
Form Approved for Optional Use Cal. Rules of Court, rules 3.50,
Judicial Council of California
APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL 8.121–8.124, 8.128, 8.130, 8.134, 8.137
APP-003 [Rev. January 1, 2019] (Unlimited Civil Case) www.courts.ca.gov
APP-003
CASE NAME: SUPERIOR COURT CASE NUMBER:
Monterey Peninsula Water Mgt. District v. LAFCO of Monterey County 22CV000925
2. b. WITH the following record of the oral proceedings in the superior court (you must check (1), (2), or (3) below):
(1) A reporter's transcript under rule 8.130. (You must fill out the reporter's transcript section (item 5) on pages 3 and 4
of this form.) I have (check all that apply):
(a) Deposited with the superior court clerk the approximate cost of preparing the transcript by including the deposit
with this notice as provided in rule 8.130(b)(1).
(b) Attached a copy of a Transcript Reimbursement Fund application filed under rule 8.130(c)(1).
(c) Attached the reporter's written waiver of a deposit under rule 8.130(b)(3)(A) for (check either (i) or (ii)):
(i) all of the designated proceedings.
(ii) part of the designated proceedings.
(d) Attached a certified transcript under rule 8.130(b)(3)(C).
(2) An agreed statement. (Check and complete either (a) or (b) below.)
(a) I have attached an agreed statement to this notice.
(b) All the parties have stipulated (agreed) in writing to try to agree on a statement. (You must attach a copy of this
stipulation to this notice.) I understand that, within 40 days after I file the notice of appeal, I must file either the
agreed statement or a notice indicating the parties were unable to agree on a statement and a new notice
designating the record on appeal.
(3) A settled statement under rule 8.137. (You must check (a), (b), or (c) below, and fill out the settled statement
section (item 6) on page 4.)
(a) The oral proceedings in the superior court were not reported by a court reporter.
(b) The oral proceedings in the superior court were reported by a court reporter, but I have an order waiving fees
and costs.
(c) I am asking to use a settled statement for reasons other than those listed in (a) or (b). (You must serve and file
the motion required under rule 8.137(b) at the same time that you file this form. You may use form APP-025 to
prepare the motion.)
3 RECORD OF AN ADMINISTRATIVE PROCEEDING TO BE TRANSMITTED TO THE COURT OF APPEAL
I request that the clerk transmit to the Court of Appeal under rule 8.123 the record of the following administrative proceeding
that was admitted into evidence, refused, or lodged in the superior court (give the title and date or dates of the administrative
proceeding):
Title of Administrative Proceeding Date or Dates
Administrative Record of Proceedings 9/21/2022
Supplemented Administrative Record 9/21/2022
4. NOTICE DESIGNATING CLERK'S TRANSCRIPT
(You must complete this section if you checked item 1a above indicating that you choose to use a clerk's transcript as the record of
the documents filed in the superior court.)
a. Required documents. The clerk will automatically include the following items in the clerk's transcript, but you must provide the
date each document was filed, or if that is not available, the date the document was signed.
Document Title and Description Date of Filing
(1) Notice of appeal 2/9/2024
(2) Notice designating record on appeal (this document) 2/20/2024
(3) Judgment or order appealed from 12/11/2023
(4) Notice of entry of judgment (if any) 12/12/2023
(5) Notice of intention to move for new trial or motion to vacate the judgment, for judgment
notwithstanding the verdict, or for reconsideration of an appealed order (if any)
(6) Ruling on one or more of the items listed in (5)
(7) Register of actions or docket (if any) 2/20/24
APP-003 [Rev. January 1, 2019] Page 2 of 4
APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL
(Unlimited Civil Case)
APP-003
CASE NAME: SUPERIOR COURT CASE NUMBER:
Monterey Peninsula Water Mgt.District v. LAFCO of Monterey County 22CV000925
4 NOTICE DESIGNATING CLERK'S TRANSCRIPT
b. Additional documents. (If you want any documents from the superior court proceeding in addition to the items listed in 4a.
above to be included in the clerk's transcript, you must identify those documents here.)
I request that the clerk include in the transcript the following documents that were filed in the superior court proceeding.
(You must identify each document you want included by its title and provide the date it was filed or, if that is not
available, the date the document was signed.)
Document Title and Description Date of Filing
(8) Civil Case Cover Sheet 4/1/2022
(9) Petition for Writ of Mandate and Complaint for Injunctive Relief 4/1/2022
(10) Notice of Preparation of Record of Administrative Proceedings 4/1/2022
(11) Petitioner's Notice of Request and Request for Hearing 4/27/2022
See additional pages. (Check here if you need more space to list additional documents. List these documents on a
separate page or pages labeled "Attachment 4b," and start with number (12).)
c. Exhibits to be included in clerk's transcript
I request that the clerk include in the transcript the following exhibits that were admitted in evidence, refused, or lodged in
the superior court. (For each exhibit, give the exhibit number, such as Plaintiff's #1 or Defendant's A, and a brief
description of the exhibit. Indicate whether or not the court admitted the exhibit into evidence. If the superior court has
returned a designated exhibit to a party, the party in possession of the exhibit must deliver it to the superior court clerk
within 10 days after service of this notice designating the record. (Rule 8.122(a)(3).))
Exhibit Number Description Admitted (Yes/No)
(1)
(2)
(3)
(4)
See additional pages. (Check here if you need more space to list additional exhibits. List these exhibits on a separate
page or pages labeled "Attachment 4c," and start with number (5).)
5 NOTICE DESIGNATING REPORTER'S TRANSCRIPT
You must complete both a and b in this section if you checked item 2b(1) above indicating that you choose to use a reporter's
transcript as the record of the oral proceedings in the superior court. Please remember that you must pay for the cost of preparing
the reporter's transcript.
a. Format of the reporter's transcript
I request that the reporters provide (check one):
(1) My copy of the reporter's transcript in electronic format.
(2) My copy of the reporter's transcript in paper format.
(3) My copy of the reporter's transcript in electronic format and a second copy in paper format.
(Code Civ. Proc., § 271.)
APP-003 [Rev. January 1, 2019] Page 3 of 4
APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL
(Unlimited Civil Case)
APP-003
CASE NAME: SUPERIOR COURT CASE NUMBER:
Monterey Peninsula Water Management District v. LAFCO of Monterey County 22CV000925
5. b. Proceedings
I request that the following proceedings in the superior court be included in the reporter's transcript. (You must identify each
proceeding you want included by its date, the department in which it took place, a description of the proceedings (for example,
the examination of jurors, motions before trial, the taking of testimony, or the giving of jury instructions), the name of the court
reporter who recorded the proceedings (if known), and whether a certified transcript of the designated proceeding was
previously prepared.)
Date Department Full/Partial Day Description Reporter's Name Prev. prepared?
Jaime Ply, CSR No.
(1) 12/9/22 15 Partial Demurrer/Motion to Strike Yes No
13323
Hearing on Petition for Writ of Jaime Ply, CSR No.
(2) 9/21/23 15 Partial Yes No
Mandate 13323
(3) Yes No
(4) Yes No
See additional pages. (Check here if you need more space to list additional proceedings. List these exhibits on a separate
page or pages labeled "Attachment 5b," and start with number (5).)
6 NOTICE DESIGNATING PROCEEDINGS TO BE INCLUDED IN SETTLED STATEMENT
(You must complete this section if you checked item 2b(3) above indicating you choose to use a settled statement.) I request
that the following proceedings in the superior court be included in the settled statement. (You must identify each proceeding you
want included by its date, the department in which it took place, a description of the proceedings (for example, the examination
of jurors, motions before trial, the taking of testimony, or the giving of jury instructions), the name of the court reporter who
recorded the proceedings (if known), and whether a certified transcript of the designated proceeding was previously prepared.)
Date Department Full/Partial Day Description Reporter's Name Prev. prepared?
(1) Yes No
(2) Yes No
(3) Yes No
(4) Yes No
See additional pages. (Check here if you need more space to list additional proceedings. List these proceedings on a
separate page or pages labeled "Attachment 6," and start with number (5).)
7. a. The proceedings designated in 5b or 6 include do not include all of the testimony in the superior court.
b. If the designated proceedings DO NOT include all of the testimony, state the points that you intend to raise on appeal. (Rule
8.130(a)(2) and rule 8.137(d)(1) provide that your appeal will be limited to these points unless the Court of Appeal permits
otherwise.) Points are set forth: Below On a separate page labeled "Attachment 7."
Date: February 20, 2024
Richard Eggert
(TYPE OR PRINT NAME) (SIGNATURE OF APPELLANT OR ATTORNEY)
Attorney for Appellant Local Agency Formation
Commission of Monterey County, et al.
APP-003 [Rev. January 1, 2019] Page 4 of 4
APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL
(Unlimited Civil Case)
Monterey Peninsula Water Mgt. District. v. Local Agency Formation Commission of
Monterey, et al.,
Case No. 22CV000925
4 NOTICE DESIGNATING CLERK'S TRANSCRIPT [continued]
b. Additional documents. (If you want any documents from the superior court proceeding in addition to the
items listed in 4a. above to be included in the clerk's transcript, you must identify those documents here.)
I request that the clerk include in the transcript the following documents that were filed in the
superior court proceeding. (You must identify each document you want included by its title and
provide the date it was filed or, if that is not available, the date the document was signed.)
Document Title and Description Date of Filing
12. Notice of CEQA Settlement Meeting 5/2/2022
13. California-American Water Company’s Notice of Motion for 5/13/2022
Leave to Intervene; Declaration of George M. Soneff;
[Proposed] Order
14. Local Agency Formation Commission of Monterey County’s 6/6/2022
Notice of Non-Opposition to California-American Water
Company’s Motion for Leave to Intervene
15. Memorandum of Points and Authorities in Opposition to 6/6/2022
California American Water Company’s Motion to Intervene
16. Request for Judicial Notice in Opposition to Motion to Intervene 6/6/2022
17. Declaration of David Stoldt in Opposition to Motion to Intervene 6/6/2022
18. California-American Reply in support of Motion to Intervene; 6/10/2022
Supplemental Declaration of George M. Soneff
19. Supplemental Declaration of George M. Soneff in support of 6/10/2022
California American’s Motion to Intervene
20. Minute Order Granting Motion to Intervene 6/17/2022
21. Statement: Case Management Conference 7/15/2022
22. Stipulation and Order Signed; Second Order Extending Time to 7/29/2022
Certify and Lodge Administrative Record
23. Order Granting California-American Motion for Leave to 8/8/2022
Intervene
24. Notice of Certification of Administrative Record; Certification of 8/22/2022
Administrative Record
25. Complaint: Amended 9/15/2022
26. Notice of Certification of Supplemented Administrative Record; 9/19/2022
Certification of Supplemented Administrative Record
Document Title and Description Date of Filing
27. Notice of Lodging of Supplemented Administrative Record 9/21/2022
28. Motion – Demurrer to First Amended Complaint 10/19/2022
29. Motion to Strike Portions of First Amended Complaint 10/19/2022
30. Request for Judicial Notice in support of Demurrer on Motion to 10/19/2022
Strike
31. Request for Judicial Notice in support of Demurrer 10/19/2022
32. Declaration of Scott Ditfurth in support of Demurrer 10/19/2022
33. Demurrer to First Amended Petition for Writ of Mandate 10/19/2022
34. Motion to Strike 10/19/2022
35. Memorandum of Points and Authorities in Opposition to 11/28/2022
Demurrer
36 Memorandum of Points and Authorities in Opposition to Motion 11/28/2022
to Strike
37. Opposition/Objections to Intervenor’s Demurrer and Motion to 11/28/2022
Strike
38. Request for Judicial Notice in Support of Opposition to Demurrer 11/28/2022
and Motion to Strike
39. Reply to Opposition to Demurrer 12/2/2022
40. Reply to Opposition to Motion to Strike 12/2/2022
41. Request for Judicial Notice in Support of Reply re Demurrer 12/2/2022
and Motion to Strike
42. Reply in support of Demurrer and Motion to Strike 12/2/2022
43. Minute Order re Ruling on Demurrer and Motion to Strike 12/9/2022
44. Order 12/13/2022
45. Order 12/19/2022
46. Notice of Ruling 12/22/2022
47. Statement: Case Management Conference 12/23/2022
48. Statement: Case Management Conference 12/23/2022
49. Answer/Response: Public Entity 1/4/2023
Document Title and Description Date of Filing
50. Answer: Amended Complaint 1/5/2023
51. Minute Order re Writ Hearing 1/10/2023
52. Notice of Writ Hearing 1/12/2023
53. Stipulation and Order Signed re Briefing Schedule 3/1/2023
54. Minute Order re Continuance of Hearing Date 3/15/2023
55. Order re Order to Show Cause 3/17/2023
56. Brief – Opening 3/23/2023
57. Request for Judicial Notice in support of Opening Brief 3/23/2023
58. Declaration of George M. Soneff in response to Order to Show 3/29/2023
Cause
59. Minute Order Discharging Order to Show Cause and Setting 4/28/2023
Hearing Date
60. Opposition/Objections – Brief 5/22/2023
61. Answer (Unlimited) 5/22/2023
62. Request for Judicial Notice in support of Response to Opening 5/22/2023
Brief
63. Reply Brief 6/30/2023
64. Request for Judicial Notice in Support of Reply Brief 6/30/2023
65. Opposition/Objections to Intervenor’s Response Brief and 6/30/2023
Request for Judicial Notice
66. Minute Order: Out of Court Entry with Signature 7/31/2023
67. Minute Order 8/4/2023
68. Minute Order 8/11/2023
69. Notice of Hearing 8/14/2023
70. Minute Order 8/18/2023
71. Notice of Hearing 8/18/2023
72. Minute Order 9/21/2023
73. Brief Supplemental 10/11/2023
Document Title and Description Date of Filing
74. Brief Supplemental 10/11/2023
75. Decision – Intended Statement of Decision 10/25/2023
76. Judgment 12/11/2023
77. Judgment: Notice of Entry (Civil) 12/12/2023
78. Memorandum of Costs 12/23/2023
79. Order – Writ of Mandate 12/26/2023
80. Notice of Appeal-Court of Appeal 2/8/2024
81. Notice: Clerk’s Notice of Appeal 2/8/2024
82. Notice of Appeal 2/9/2024
83. Notice of Cross-Appeal 2/15/2024
1 PROOF OF SERVICE
2 I, Linda Tapia, declare:
3 I am a citizen of the United States and employed in San Bernardino County, California. I
4 am over the age of eighteen years and not a party to the within-entitled action. My business
5 address is 2855 E. Guasti Road, Suite 400, Ontario, California 91761. On February 20, 2024, I
6 served a copy of the within document(s):
7 NOTICE DESIGNATING RECORD ON APPEAL
8 by transmitting via facsimile the document(s) listed above to the fax number(s) set
forth below on this date before 5:00 p.m.
9
by placing the document(s) listed above in a sealed envelope with postage thereon
10 fully prepaid, the United States mail at Ontario, California addressed as set forth
below.
11
by placing the document(s) listed above in a sealed envelope and affixing
BEST BEST & KRIEGER LLP
12
2855 E. GUASTI ROAD, SUITE 400
a pre-paid air bill, and causing the envelope to be delivered to a agent for
ONTARIO, CALIFORNIA 91761
delivery.
ATTORNEYS AT LAW
13
by personally delivering the document(s) listed above to the person(s) at the
14 address(es) set forth below.
15 by transmitting via e-mail or electronic transmission the document(s) listed above
to the person(s) at the e-mail address(es) set forth below.
16
17
Gabriel M.B. Ross David C. Laredo
18 Edward T. Schexnayder DE LAY & LAREDO
19 Peter Damrosch 606 Forest Avenue
SHUTE, MIHALY & WEINBERGER Pacific Grove, CA 93950
20 LLP Phone: (831) 646-1502
396 Hayes Street Fax: (831) 646-0377
21 San Francisco, CA 94102 Email: dave@laredolaw.net
Phone: (415) 552-7272
22 Attorneys for Petitioner and Plaintiff
Fax: (415) 552-5816
23 Emails: ross@smwlaw.com; MONTEREY PENINSULA WATER
schexnayder@smwlaw.com; MANAGEMENT DISTRICT
24 pdamrosch@smwlaw.com
25 Attorneys for Petitioner and Plaintiff
MONTEREY PENINSULA WATER
26 MANAGEMENT DISTRICT
27
28
PROOF OF SERVICE
1 George M. Soneff Sarah E. Leeper
Edward G. Burg Vice President and General Counsel
2 David T. Moran California-American Water Company
3 Manatt, Phelps & Phillips, LLP 555 Montgomery Street, Suite 816
2049 Century Park East, Suite 1700 San Francisco, CA 94111
4 Los Angeles, CA 90067 Phone: (415) 863-2960
Emails: gsoneff@manatt.com Fax: (415) 397-1586
5 eburg@manatt.com Email: sarah.leeper@amwater.com
dmoran@manatt.com
6 Attorney for Intervenor Respondent and
7 Attorneys for Intervenor Respondent and Defendant California-American Water
Defendant California-American Water Company
8 Company
9 Reed W. Gallogly
Deputy County Counsel
10
County of Monterey
11 168 W. Alisal Street, Floor 3
Salinas, CA 93901
BEST BEST & KRIEGER LLP
12 Phone: (831) 755-5266
2855 E. GUASTI ROAD, SUITE 400
ONTARIO, CALIFORNIA 91761
Fax: (831) 755-5283
ATTORNEYS AT LAW
13 Email: GalloglyRW@co.monterey.ca.us
14
Attorneys for Respondents and
15 Defendants Local Formation Commission
of Monterey County and Commissioners
16 of the Local Formation Commission of
Monterey County
17
18
I am readily familiar with the firm's practice of collection and processing correspondence
19
for mailing. Under that practice it would be deposited with the U.S. Postal Service on that same
20
day with postage thereon fully prepaid in the ordinary course of business. I am aware that on
21
motion of the party served, service is presumed invalid if postal cancellation date or postage
22
meter date is more than one day after date of deposit for mailing in affidavit.
23
I declare under penalty of perjury under the laws of the State of California that the above
24
is true and correct.
25
Executed on February 20, 2024, at Ontario, California.
26
27
28 Linda Tapia
-2-
PROOF OF SERVICE
Preview
APP-003 ATTORNEY OR PARTY WITHOUT ATTORNEY STATE BAR NUMBER: FOR COURT USE ONLY NAME: Richard T. Egger (SBN) 162581; Amy E. Hoyt (SBN 149789) FIRM NAME: Best Best & Krieger LLP STREET ADDRESS: 2855 E. Guasti Road, Suite 400 CITY: Ontario STATE: CA ZIP CODE: 91761 TELEPHONE NO.: (909) 989-8584 FAX NO.: (909) 844-1441 E-MAIL ADDRESS: richard.egger@bbklaw.com; amy.hoyt@bbklaw.com ATTORNEY FOR (name): Local Agency Formation Commission of Monterey County, et al. SUPERIOR COURT OF CALIFORNIA, COUNTY OF MONTEREY STREET ADDRESS: 1200 Aguajito Road MAILING ADDRESS: CITY AND ZIP CODE: Monterey 93940 BRANCH NAME: PLAINTIFF/PETITIONER: Monterey Peninsula Water Management District DEFENDANT/RESPONDENT: Local Agency Formation Commission of Monterey County, et al. OTHER PARENT/PARTY: California-American Water Company APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL SUPERIOR COURT CASE NUMBER: (UNLIMITED CIVIL CASE) 22CV000925 COURT OF APPEAL CASE NUMBER (if known): Re: Appeal filed on (date): February 9, 2024 Notice: Please read Information on Appeal Procedures for Unlimited Civil Cases (form APP-001-INFO) before completing this form. This form must be filed in the superior court, not in the Court of Appeal. 1 RECORD OF THE DOCUMENTS FILED IN THE SUPERIOR COURT I choose to use the following method of providing the Court of Appeal with a record of the documents filed in the superior court (check a, b, c, or d, and fill in any required information): a. A clerk's transcript under rule 8.122. (You must check (1) or (2) and fill out the clerk's transcript section (item 4) on pages 2 and 3 of this form.) (1) I will pay the superior court clerk for this transcript myself when I receive the clerk's estimate of the costs of this transcript. I understand that if I do not pay for this transcript, it will not be prepared and provided to the Court of Appeal. [Respondents/Appellants are exempt from paying for Clerk’s Transcript (Gov. Code § 6103).] (2) I request that the clerk's transcript be provided to me at no cost because I cannot afford to pay this cost. I have submitted the following document with this notice designating the record (check (a) or (b)): (a) An order granting a waiver of court fees and costs under rules 3.50-3.58; or (b) An application for a waiver of court fees and costs under rules 3.50-3.58. (Use Request to Waive Court Fees (form FW-001) to prepare and file this application.) b. An appendix under rule 8.124. c. The original superior court file under rule 8.128. (NOTE: Local rules in the Court of Appeal, First, Third, and Fourth Appellate Districts, permit parties to stipulate (agree) to use the original superior court file instead of a clerk's transcript; you may select this option if your appeal is in one of these districts and all the parties have stipulated to use the original superior court file instead of a clerk's transcript in this case. Attach a copy of this stipulation.) d. An agreed statement under rule 8.134. (You must complete item 2b(2) below and attach to your agreed statement copies of all the documents that are required to be included in the clerk's transcript. These documents are listed in rule 8.134(a).) 2 RECORD OF ORAL PROCEEDINGS IN THE SUPERIOR COURT I choose to proceed (you must check a or b below): a. WITHOUT a record of the oral proceedings (what was said at the hearing or trial) in the superior court. I understand that without a record of the oral proceedings in the superior court, the Court of Appeal will not be able to consider what was said during those proceedings in deciding whether an error was made in the superior court proceedings. Page 1 of 4 Form Approved for Optional Use Cal. Rules of Court, rules 3.50, Judicial Council of California APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL 8.121–8.124, 8.128, 8.130, 8.134, 8.137 APP-003 [Rev. January 1, 2019] (Unlimited Civil Case) www.courts.ca.gov APP-003 CASE NAME: SUPERIOR COURT CASE NUMBER: Monterey Peninsula Water Mgt. District v. LAFCO of Monterey County 22CV000925 2. b. WITH the following record of the oral proceedings in the superior court (you must check (1), (2), or (3) below): (1) A reporter's transcript under rule 8.130. (You must fill out the reporter's transcript section (item 5) on pages 3 and 4 of this form.) I have (check all that apply): (a) Deposited with the superior court clerk the approximate cost of preparing the transcript by including the deposit with this notice as provided in rule 8.130(b)(1). (b) Attached a copy of a Transcript Reimbursement Fund application filed under rule 8.130(c)(1). (c) Attached the reporter's written waiver of a deposit under rule 8.130(b)(3)(A) for (check either (i) or (ii)): (i) all of the designated proceedings. (ii) part of the designated proceedings. (d) Attached a certified transcript under rule 8.130(b)(3)(C). (2) An agreed statement. (Check and complete either (a) or (b) below.) (a) I have attached an agreed statement to this notice. (b) All the parties have stipulated (agreed) in writing to try to agree on a statement. (You must attach a copy of this stipulation to this notice.) I understand that, within 40 days after I file the notice of appeal, I must file either the agreed statement or a notice indicating the parties were unable to agree on a statement and a new notice designating the record on appeal. (3) A settled statement under rule 8.137. (You must check (a), (b), or (c) below, and fill out the settled statement section (item 6) on page 4.) (a) The oral proceedings in the superior court were not reported by a court reporter. (b) The oral proceedings in the superior court were reported by a court reporter, but I have an order waiving fees and costs. (c) I am asking to use a settled statement for reasons other than those listed in (a) or (b). (You must serve and file the motion required under rule 8.137(b) at the same time that you file this form. You may use form APP-025 to prepare the motion.) 3 RECORD OF AN ADMINISTRATIVE PROCEEDING TO BE TRANSMITTED TO THE COURT OF APPEAL I request that the clerk transmit to the Court of Appeal under rule 8.123 the record of the following administrative proceeding that was admitted into evidence, refused, or lodged in the superior court (give the title and date or dates of the administrative proceeding): Title of Administrative Proceeding Date or Dates Administrative Record of Proceedings 9/21/2022 Supplemented Administrative Record 9/21/2022 4. NOTICE DESIGNATING CLERK'S TRANSCRIPT (You must complete this section if you checked item 1a above indicating that you choose to use a clerk's transcript as the record of the documents filed in the superior court.) a. Required documents. The clerk will automatically include the following items in the clerk's transcript, but you must provide the date each document was filed, or if that is not available, the date the document was signed. Document Title and Description Date of Filing (1) Notice of appeal 2/9/2024 (2) Notice designating record on appeal (this document) 2/20/2024 (3) Judgment or order appealed from 12/11/2023 (4) Notice of entry of judgment (if any) 12/12/2023 (5) Notice of intention to move for new trial or motion to vacate the judgment, for judgment notwithstanding the verdict, or for reconsideration of an appealed order (if any) (6) Ruling on one or more of the items listed in (5) (7) Register of actions or docket (if any) 2/20/24 APP-003 [Rev. January 1, 2019] Page 2 of 4 APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL (Unlimited Civil Case) APP-003 CASE NAME: SUPERIOR COURT CASE NUMBER: Monterey Peninsula Water Mgt.District v. LAFCO of Monterey County 22CV000925 4 NOTICE DESIGNATING CLERK'S TRANSCRIPT b. Additional documents. (If you want any documents from the superior court proceeding in addition to the items listed in 4a. above to be included in the clerk's transcript, you must identify those documents here.) I request that the clerk include in the transcript the following documents that were filed in the superior court proceeding. (You must identify each document you want included by its title and provide the date it was filed or, if that is not available, the date the document was signed.) Document Title and Description Date of Filing (8) Civil Case Cover Sheet 4/1/2022 (9) Petition for Writ of Mandate and Complaint for Injunctive Relief 4/1/2022 (10) Notice of Preparation of Record of Administrative Proceedings 4/1/2022 (11) Petitioner's Notice of Request and Request for Hearing 4/27/2022 See additional pages. (Check here if you need more space to list additional documents. List these documents on a separate page or pages labeled "Attachment 4b," and start with number (12).) c. Exhibits to be included in clerk's transcript I request that the clerk include in the transcript the following exhibits that were admitted in evidence, refused, or lodged in the superior court. (For each exhibit, give the exhibit number, such as Plaintiff's #1 or Defendant's A, and a brief description of the exhibit. Indicate whether or not the court admitted the exhibit into evidence. If the superior court has returned a designated exhibit to a party, the party in possession of the exhibit must deliver it to the superior court clerk within 10 days after service of this notice designating the record. (Rule 8.122(a)(3).)) Exhibit Number Description Admitted (Yes/No) (1) (2) (3) (4) See additional pages. (Check here if you need more space to list additional exhibits. List these exhibits on a separate page or pages labeled "Attachment 4c," and start with number (5).) 5 NOTICE DESIGNATING REPORTER'S TRANSCRIPT You must complete both a and b in this section if you checked item 2b(1) above indicating that you choose to use a reporter's transcript as the record of the oral proceedings in the superior court. Please remember that you must pay for the cost of preparing the reporter's transcript. a. Format of the reporter's transcript I request that the reporters provide (check one): (1) My copy of the reporter's transcript in electronic format. (2) My copy of the reporter's transcript in paper format. (3) My copy of the reporter's transcript in electronic format and a second copy in paper format. (Code Civ. Proc., § 271.) APP-003 [Rev. January 1, 2019] Page 3 of 4 APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL (Unlimited Civil Case) APP-003 CASE NAME: SUPERIOR COURT CASE NUMBER: Monterey Peninsula Water Management District v. LAFCO of Monterey County 22CV000925 5. b. Proceedings I request that the following proceedings in the superior court be included in the reporter's transcript. (You must identify each proceeding you want included by its date, the department in which it took place, a description of the proceedings (for example, the examination of jurors, motions before trial, the taking of testimony, or the giving of jury instructions), the name of the court reporter who recorded the proceedings (if known), and whether a certified transcript of the designated proceeding was previously prepared.) Date Department Full/Partial Day Description Reporter's Name Prev. prepared? Jaime Ply, CSR No. (1) 12/9/22 15 Partial Demurrer/Motion to Strike Yes No 13323 Hearing on Petition for Writ of Jaime Ply, CSR No. (2) 9/21/23 15 Partial Yes No Mandate 13323 (3) Yes No (4) Yes No See additional pages. (Check here if you need more space to list additional proceedings. List these exhibits on a separate page or pages labeled "Attachment 5b," and start with number (5).) 6 NOTICE DESIGNATING PROCEEDINGS TO BE INCLUDED IN SETTLED STATEMENT (You must complete this section if you checked item 2b(3) above indicating you choose to use a settled statement.) I request that the following proceedings in the superior court be included in the settled statement. (You must identify each proceeding you want included by its date, the department in which it took place, a description of the proceedings (for example, the examination of jurors, motions before trial, the taking of testimony, or the giving of jury instructions), the name of the court reporter who recorded the proceedings (if known), and whether a certified transcript of the designated proceeding was previously prepared.) Date Department Full/Partial Day Description Reporter's Name Prev. prepared? (1) Yes No (2) Yes No (3) Yes No (4) Yes No See additional pages. (Check here if you need more space to list additional proceedings. List these proceedings on a separate page or pages labeled "Attachment 6," and start with number (5).) 7. a. The proceedings designated in 5b or 6 include do not include all of the testimony in the superior court. b. If the designated proceedings DO NOT include all of the testimony, state the points that you intend to raise on appeal. (Rule 8.130(a)(2) and rule 8.137(d)(1) provide that your appeal will be limited to these points unless the Court of Appeal permits otherwise.) Points are set forth: Below On a separate page labeled "Attachment 7." Date: February 20, 2024 Richard Eggert (TYPE OR PRINT NAME) (SIGNATURE OF APPELLANT OR ATTORNEY) Attorney for Appellant Local Agency Formation Commission of Monterey County, et al. APP-003 [Rev. January 1, 2019] Page 4 of 4 APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL (Unlimited Civil Case) Monterey Peninsula Water Mgt. District. v. Local Agency Formation Commission of Monterey, et al., Case No. 22CV000925 4 NOTICE DESIGNATING CLERK'S TRANSCRIPT [continued] b. Additional documents. (If you want any documents from the superior court proceeding in addition to the items listed in 4a. above to be included in the clerk's transcript, you must identify those documents here.) I request that the clerk include in the transcript the following documents that were filed in the superior court proceeding. (You must identify each document you want included by its title and provide the date it was filed or, if that is not available, the date the document was signed.) Document Title and Description Date of Filing 12. Notice of CEQA Settlement Meeting 5/2/2022 13. California-American Water Company’s Notice of Motion for 5/13/2022 Leave to Intervene; Declaration of George M. Soneff; [Proposed] Order 14. Local Agency Formation Commission of Monterey County’s 6/6/2022 Notice of Non-Opposition to California-American Water Company’s Motion for Leave to Intervene 15. Memorandum of Points and Authorities in Opposition to 6/6/2022 California American Water Company’s Motion to Intervene 16. Request for Judicial Notice in Opposition to Motion to Intervene 6/6/2022 17. Declaration of David Stoldt in Opposition to Motion to Intervene 6/6/2022 18. California-American Reply in support of Motion to Intervene; 6/10/2022 Supplemental Declaration of George M. Soneff 19. Supplemental Declaration of George M. Soneff in support of 6/10/2022 California American’s Motion to Intervene 20. Minute Order Granting Motion to Intervene 6/17/2022 21. Statement: Case Management Conference 7/15/2022 22. Stipulation and Order Signed; Second Order Extending Time to 7/29/2022 Certify and Lodge Administrative Record 23. Order Granting California-American Motion for Leave to 8/8/2022 Intervene 24. Notice of Certification of Administrative Record; Certification of 8/22/2022 Administrative Record 25. Complaint: Amended 9/15/2022 26. Notice of Certification of Supplemented Administrative Record; 9/19/2022 Certification of Supplemented Administrative Record Document Title and Description Date of Filing 27. Notice of Lodging of Supplemented Administrative Record 9/21/2022 28. Motion – Demurrer to First Amended Complaint 10/19/2022 29. Motion to Strike Portions of First Amended Complaint 10/19/2022 30. Request for Judicial Notice in support of Demurrer on Motion to 10/19/2022 Strike 31. Request for Judicial Notice in support of Demurrer 10/19/2022 32. Declaration of Scott Ditfurth in support of Demurrer 10/19/2022 33. Demurrer to First Amended Petition for Writ of Mandate 10/19/2022 34. Motion to Strike 10/19/2022 35. Memorandum of Points and Authorities in Opposition to 11/28/2022 Demurrer 36 Memorandum of Points and Authorities in Opposition to Motion 11/28/2022 to Strike 37. Opposition/Objections to Intervenor’s Demurrer and Motion to 11/28/2022 Strike 38. Request for Judicial Notice in Support of Opposition to Demurrer 11/28/2022 and Motion to Strike 39. Reply to Opposition to Demurrer 12/2/2022 40. Reply to Opposition to Motion to Strike 12/2/2022 41. Request for Judicial Notice in Support of Reply re Demurrer 12/2/2022 and Motion to Strike 42. Reply in support of Demurrer and Motion to Strike 12/2/2022 43. Minute Order re Ruling on Demurrer and Motion to Strike 12/9/2022 44. Order 12/13/2022 45. Order 12/19/2022 46. Notice of Ruling 12/22/2022 47. Statement: Case Management Conference 12/23/2022 48. Statement: Case Management Conference 12/23/2022 49. Answer/Response: Public Entity 1/4/2023 Document Title and Description Date of Filing 50. Answer: Amended Complaint 1/5/2023 51. Minute Order re Writ Hearing 1/10/2023 52. Notice of Writ Hearing 1/12/2023 53. Stipulation and Order Signed re Briefing Schedule 3/1/2023 54. Minute Order re Continuance of Hearing Date 3/15/2023 55. Order re Order to Show Cause 3/17/2023 56. Brief – Opening 3/23/2023 57. Request for Judicial Notice in support of Opening Brief 3/23/2023 58. Declaration of George M. Soneff in response to Order to Show 3/29/2023 Cause 59. Minute Order Discharging Order to Show Cause and Setting 4/28/2023 Hearing Date 60. Opposition/Objections – Brief 5/22/2023 61. Answer (Unlimited) 5/22/2023 62. Request for Judicial Notice in support of Response to Opening 5/22/2023 Brief 63. Reply Brief 6/30/2023 64. Request for Judicial Notice in Support of Reply Brief 6/30/2023 65. Opposition/Objections to Intervenor’s Response Brief and 6/30/2023 Request for Judicial Notice 66. Minute Order: Out of Court Entry with Signature 7/31/2023 67. Minute Order 8/4/2023 68. Minute Order 8/11/2023 69. Notice of Hearing 8/14/2023 70. Minute Order 8/18/2023 71. Notice of Hearing 8/18/2023 72. Minute Order 9/21/2023 73. Brief Supplemental 10/11/2023 Document Title and Description Date of Filing 74. Brief Supplemental 10/11/2023 75. Decision – Intended Statement of Decision 10/25/2023 76. Judgment 12/11/2023 77. Judgment: Notice of Entry (Civil) 12/12/2023 78. Memorandum of Costs 12/23/2023 79. Order – Writ of Mandate 12/26/2023 80. Notice of Appeal-Court of Appeal 2/8/2024 81. Notice: Clerk’s Notice of Appeal 2/8/2024 82. Notice of Appeal 2/9/2024 83. Notice of Cross-Appeal 2/15/2024 1 PROOF OF SERVICE 2 I, Linda Tapia, declare: 3 I am a citizen of the United States and employed in San Bernardino County, California. I 4 am over the age of eighteen years and not a party to the within-entitled action. My business 5 address is 2855 E. Guasti Road, Suite 400, Ontario, California 91761. On February 20, 2024, I 6 served a copy of the within document(s): 7 NOTICE DESIGNATING RECORD ON APPEAL 8 by transmitting via facsimile the document(s) listed above to the fax number(s) set forth below on this date before 5:00 p.m. 9 by placing the document(s) listed above in a sealed envelope with postage thereon 10 fully prepaid, the United States mail at Ontario, California addressed as set forth below. 11 by placing the document(s) listed above in a sealed envelope and affixing BEST BEST & KRIEGER LLP 12 2855 E. GUASTI ROAD, SUITE 400 a pre-paid air bill, and causing the envelope to be delivered to a agent for ONTARIO, CALIFORNIA 91761 delivery. ATTORNEYS AT LAW 13 by personally delivering the document(s) listed above to the person(s) at the 14 address(es) set forth below. 15 by transmitting via e-mail or electronic transmission the document(s) listed above to the person(s) at the e-mail address(es) set forth below. 16 17 Gabriel M.B. Ross David C. Laredo 18 Edward T. Schexnayder DE LAY & LAREDO 19 Peter Damrosch 606 Forest Avenue SHUTE, MIHALY & WEINBERGER Pacific Grove, CA 93950 20 LLP Phone: (831) 646-1502 396 Hayes Street Fax: (831) 646-0377 21 San Francisco, CA 94102 Email: dave@laredolaw.net Phone: (415) 552-7272 22 Attorneys for Petitioner and Plaintiff Fax: (415) 552-5816 23 Emails: ross@smwlaw.com; MONTEREY PENINSULA WATER schexnayder@smwlaw.com; MANAGEMENT DISTRICT 24 pdamrosch@smwlaw.com 25 Attorneys for Petitioner and Plaintiff MONTEREY PENINSULA WATER 26 MANAGEMENT DISTRICT 27 28 PROOF OF SERVICE 1 George M. Soneff Sarah E. Leeper Edward G. Burg Vice President and General Counsel 2 David T. Moran California-American Water Company 3 Manatt, Phelps & Phillips, LLP 555 Montgomery Street, Suite 816 2049 Century Park East, Suite 1700 San Francisco, CA 94111 4 Los Angeles, CA 90067 Phone: (415) 863-2960 Emails: gsoneff@manatt.com Fax: (415) 397-1586 5 eburg@manatt.com Email: sarah.leeper@amwater.com dmoran@manatt.com 6 Attorney for Intervenor Respondent and 7 Attorneys for Intervenor Respondent and Defendant California-American Water Defendant California-American Water Company 8 Company 9 Reed W. Gallogly Deputy County Counsel 10 County of Monterey 11 168 W. Alisal Street, Floor 3 Salinas, CA 93901 BEST BEST & KRIEGER LLP 12 Phone: (831) 755-5266 2855 E. GUASTI ROAD, SUITE 400 ONTARIO, CALIFORNIA 91761 Fax: (831) 755-5283 ATTORNEYS AT LAW 13 Email: GalloglyRW@co.monterey.ca.us 14 Attorneys for Respondents and 15 Defendants Local Formation Commission of Monterey County and Commissioners 16 of the Local Formation Commission of Monterey County 17 18 I am readily familiar with the firm's practice of collection and processing correspondence 19 for mailing. Under that practice it would be deposited with the U.S. Postal Service on that same 20 day with postage thereon fully prepaid in the ordinary course of business. I am aware that on 21 motion of the party served, service is presumed invalid if postal cancellation date or postage 22 meter date is more than one day after date of deposit for mailing in affidavit. 23 I declare under penalty of perjury under the laws of the State of California that the above 24 is true and correct. 25 Executed on February 20, 2024, at Ontario, California. 26 27 28 Linda Tapia -2- PROOF OF SERVICE