Preview
APP-003
ATTORNEY OR PARTY WITHOUT ATTORNEY STATE BAR NUMBER:
FOR COURT USE ONLY
NAME: Gabriel M.B. Ross (SBN 224528) / Edward T. Schexnayder (SBN 284494)
FIRM NAME: Shute, Mihaly & Weinberger LLP
STREET ADDRESS: 396 Hayes Street
CITY: San Francisco STATE: CA ZIP CODE: 94102
TELEPHONE NO.: (415) 552-7272 FAX NO.: (415) 552-5816
E-MAIL ADDRESS: ross@smwlaw.com / schexnayder@smwlaw.com
ATTORNEY FOR (name): Monterey Peninsula Water Management District
SUPERIOR COURT OF CALIFORNIA, COUNTY OF MONTEREY
STREET ADDRESS: 1200 Aguajito Road
MAILING ADDRESS: 1200 Aguajito Road
CITY AND ZIP CODE: Monterey 93940
BRANCH NAME: Monterey Courthouse - Civil Division
PLAINTIFF/PETITIONER: Monterey Peninsula Water Management District
DEFENDANT/RESPONDENT: Local Agency Formation Commission of Monterey County et al.
OTHER PARENT/PARTY:
SUPERIOR COURT CASE NUMBER:
APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL
22CV000925
(UNLIMITED CIVIL CASE)
COURT OF APPEAL CASE NUMBER (if known):
RE: Appeal filed on (date): Feb 15, 2024 H051849
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/Cross-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
Judicial Council of California
APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL Cal. Rules of Court, rules 3.50,
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: Monterey Peninsula Water Management District v. Local Agency SUPERIOR COURT CASE NUMBER:
Formation Commission of Monterey County et al. 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 September 21, 2022
Supplemented Administrative Record September 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 Feb 15, 2024
(2) Notice designating record on appeal (this document) Mar 1, 2024
(3) Judgment or order appealed from Dec 11, 2023
(4) Notice of entry of judgment (if any) Dec 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) Mar 1, 2024
APP-003 [Rev. January 1, 2019]
APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL Page 2 of 4
(Unlimited Civil Case)
APP-003
CASE NAME: Monterey Peninsula Water Management District v. Local Agency SUPERIOR COURT CASE NUMBER:
Formation Commission of Monterey County et al. 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 Apr 1, 2022
(9) Petition: Writ of Mandate and Complaint for Injunctive Relief Apr 1, 2022
(10) Notice of Preparation of Record of Administrative Proceedings Apr 1, 2022
(11) Petitioner's Notice of Request and Request for Hearing Apr 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]
APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL Page 3 of 4
(Unlimited Civil Case)
APP-003
CASE NAME: Monterey Peninsula Water Management District v. Local Agency SUPERIOR COURT CASE NUMBER:
Formation Commission of Monterey County et al. 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?
(1)Dec 9, 2022 15 Full Hearing on Defendants Demurrer Jaime Ply CSR 13323 ✖ Yes No
(2)Sep 21, 202315 Full Hearing on the Merits Jane Hong-Elsey CSR 11975 ✖ Yes No
(3)Apr 28, 202315 Partial Hearing on Order to Show Cause Francine R. Dais CSR 8855 ✖ 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: 03/01/2024
EDWARD T. SCHEXNAYDER
(TYPE OR PRINT NAME) (SIGNATURE OF APPELLANT OR ATTORNEY)
APP-003 [Rev. January 1, 2019]
APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL Page 4 of 4
(Unlimited Civil Case)
Monterey Peninsula Water Mgt. District. v. Cal-Am Water Company, et al.,
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
27 Notice of Lodging of Supplemented Administrative Record 9/21/2022
Document Title and Description Date of Filing
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
50 Answer: Amended Complaint 1/5/2023
Document Title and Description Date of Filing
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
74 Brief Supplemental 10/11/2023
Document Title and Description Date of Filing
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 Monterey Peninsula Water Management District v. Local Agency Formation
Commission of Monterey County et al.
3 Case No. 22CV000925
Monterey County Superior Court
4
At the time of service, I was over 18 years of age and not a party to this action. I
5 am employed in the County of San Francisco, State of California. My business address is
396 Hayes Street, San Francisco, California 94102.
6
On March 4, 2024, I served true copies of the following document(s) described as:
7
APPELLANT’S NOTICE DESIGNATING RECORD ON APPEAL
8 (UNLIMITED CIVIL CASE)
9 on the parties in this action as follows:
10 SEE ATTACHED SERVICE LIST
11 BY E-MAIL OR ELECTRONIC TRANSMISSION: I caused a copy of the
document(s) to be sent from e-mail address Larkin@smwlaw.com to the persons at the e-
12 mail addresses listed in the Service List. I did not receive, within a reasonable time after
the transmission, any electronic message or other indication that the transmission was
13 unsuccessful.
14 I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
15
Executed on March 4, 2024, at San Francisco, California.
16
17
18 Patricia Larkin
19
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Appellant’s Notice Designating Record On Appeal (Unlimited Civil Case)
Case No. 22CV000925
1 SERVICE LIST
2 Monterey Peninsula Water Management District v. Local Agency Formation
Commission of Monterey County et al.
3 Case No. 22CV000925
Monterey County Superior Court
4
Alisha M. Winterswyk Attorneys for Respondents and
5 Paula C. P. de Sousa Defendants LOCAL AGENCY
Scott W. Ditfurth FORMATION COMMISSION OF
6 Richard T. Egger MONTEREY COUNTY and
Best Best & Krieger LLP COMMISSIONERS OF THE LOCAL
7 18101 Von Karman Avenue, Suite 1000 AGENCY FORMATION
Irvine, CA 92612-0164 COMMISSION OF MONTEREY
8 Phone:(949) 263-2600 COUNTY
Fax: (949)260-0972
9 alisha.winterswyk@bbklaw.com
paula.desousa@bbklaw.com
10 scott.ditfurth@bbklaw.com
richard.egger@bbklaw.com
11
Reed W. Gallogly
12 Deputy County Counsel
County of Monterey
13 168 W. Alisal Street, Floor 3
Salinas, CA 93901
14 Phone: (831) 755-5266
Fax: (831) 755-5283
15 GalloglyRW@co.monterey.ca.us
16 George M. Soneff Attorneys for Intervenor CALIFORNIA-
Edward G. Burg AMERICAN WATER COMPANY
17 David T. Moran
Manatt, Phelps & Phillips, LLI
18 2049 Century Park East, Suite 1700
Los Angeles, CA 90067
19 Phone: (310) 312-4000
Fax: (370) 312-4224
20 GSoneff@manatt.com
EBurg@manatt.com
21 DMoran@manatt.com
22 Sarah E. Leeper (SBN 207809)
Vice President and General Counsel
23 California-American Water Company
555 Montgomery Street, Suite 816
24 San Francisco, CA 94111
Phone: (415) 863-2960
25 Fax: (415) 397-1586
sarah.leeper@amwater.com
26
1751270.1
27
28
Appellant’s Notice Designating Record On Appeal (Unlimited Civil Case)
Case No. 22CV000925
Preview
APP-003 ATTORNEY OR PARTY WITHOUT ATTORNEY STATE BAR NUMBER: FOR COURT USE ONLY NAME: Gabriel M.B. Ross (SBN 224528) / Edward T. Schexnayder (SBN 284494) FIRM NAME: Shute, Mihaly & Weinberger LLP STREET ADDRESS: 396 Hayes Street CITY: San Francisco STATE: CA ZIP CODE: 94102 TELEPHONE NO.: (415) 552-7272 FAX NO.: (415) 552-5816 E-MAIL ADDRESS: ross@smwlaw.com / schexnayder@smwlaw.com ATTORNEY FOR (name): Monterey Peninsula Water Management District SUPERIOR COURT OF CALIFORNIA, COUNTY OF MONTEREY STREET ADDRESS: 1200 Aguajito Road MAILING ADDRESS: 1200 Aguajito Road CITY AND ZIP CODE: Monterey 93940 BRANCH NAME: Monterey Courthouse - Civil Division PLAINTIFF/PETITIONER: Monterey Peninsula Water Management District DEFENDANT/RESPONDENT: Local Agency Formation Commission of Monterey County et al. OTHER PARENT/PARTY: SUPERIOR COURT CASE NUMBER: APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL 22CV000925 (UNLIMITED CIVIL CASE) COURT OF APPEAL CASE NUMBER (if known): RE: Appeal filed on (date): Feb 15, 2024 H051849 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/Cross-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 Judicial Council of California APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL Cal. Rules of Court, rules 3.50, 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: Monterey Peninsula Water Management District v. Local Agency SUPERIOR COURT CASE NUMBER: Formation Commission of Monterey County et al. 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 September 21, 2022 Supplemented Administrative Record September 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 Feb 15, 2024 (2) Notice designating record on appeal (this document) Mar 1, 2024 (3) Judgment or order appealed from Dec 11, 2023 (4) Notice of entry of judgment (if any) Dec 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) Mar 1, 2024 APP-003 [Rev. January 1, 2019] APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL Page 2 of 4 (Unlimited Civil Case) APP-003 CASE NAME: Monterey Peninsula Water Management District v. Local Agency SUPERIOR COURT CASE NUMBER: Formation Commission of Monterey County et al. 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 Apr 1, 2022 (9) Petition: Writ of Mandate and Complaint for Injunctive Relief Apr 1, 2022 (10) Notice of Preparation of Record of Administrative Proceedings Apr 1, 2022 (11) Petitioner's Notice of Request and Request for Hearing Apr 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] APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL Page 3 of 4 (Unlimited Civil Case) APP-003 CASE NAME: Monterey Peninsula Water Management District v. Local Agency SUPERIOR COURT CASE NUMBER: Formation Commission of Monterey County et al. 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? (1)Dec 9, 2022 15 Full Hearing on Defendants Demurrer Jaime Ply CSR 13323 ✖ Yes No (2)Sep 21, 202315 Full Hearing on the Merits Jane Hong-Elsey CSR 11975 ✖ Yes No (3)Apr 28, 202315 Partial Hearing on Order to Show Cause Francine R. Dais CSR 8855 ✖ 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: 03/01/2024 EDWARD T. SCHEXNAYDER (TYPE OR PRINT NAME) (SIGNATURE OF APPELLANT OR ATTORNEY) APP-003 [Rev. January 1, 2019] APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL Page 4 of 4 (Unlimited Civil Case) Monterey Peninsula Water Mgt. District. v. Cal-Am Water Company, et al., 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 27 Notice of Lodging of Supplemented Administrative Record 9/21/2022 Document Title and Description Date of Filing 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 50 Answer: Amended Complaint 1/5/2023 Document Title and Description Date of Filing 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 74 Brief Supplemental 10/11/2023 Document Title and Description Date of Filing 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 Monterey Peninsula Water Management District v. Local Agency Formation Commission of Monterey County et al. 3 Case No. 22CV000925 Monterey County Superior Court 4 At the time of service, I was over 18 years of age and not a party to this action. I 5 am employed in the County of San Francisco, State of California. My business address is 396 Hayes Street, San Francisco, California 94102. 6 On March 4, 2024, I served true copies of the following document(s) described as: 7 APPELLANT’S NOTICE DESIGNATING RECORD ON APPEAL 8 (UNLIMITED CIVIL CASE) 9 on the parties in this action as follows: 10 SEE ATTACHED SERVICE LIST 11 BY E-MAIL OR ELECTRONIC TRANSMISSION: I caused a copy of the document(s) to be sent from e-mail address Larkin@smwlaw.com to the persons at the e- 12 mail addresses listed in the Service List. I did not receive, within a reasonable time after the transmission, any electronic message or other indication that the transmission was 13 unsuccessful. 14 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 15 Executed on March 4, 2024, at San Francisco, California. 16 17 18 Patricia Larkin 19 20 21 22 23 24 25 26 27 28 Appellant’s Notice Designating Record On Appeal (Unlimited Civil Case) Case No. 22CV000925 1 SERVICE LIST 2 Monterey Peninsula Water Management District v. Local Agency Formation Commission of Monterey County et al. 3 Case No. 22CV000925 Monterey County Superior Court 4 Alisha M. Winterswyk Attorneys for Respondents and 5 Paula C. P. de Sousa Defendants LOCAL AGENCY Scott W. Ditfurth FORMATION COMMISSION OF 6 Richard T. Egger MONTEREY COUNTY and Best Best & Krieger LLP COMMISSIONERS OF THE LOCAL 7 18101 Von Karman Avenue, Suite 1000 AGENCY FORMATION Irvine, CA 92612-0164 COMMISSION OF MONTEREY 8 Phone:(949) 263-2600 COUNTY Fax: (949)260-0972 9 alisha.winterswyk@bbklaw.com paula.desousa@bbklaw.com 10 scott.ditfurth@bbklaw.com richard.egger@bbklaw.com 11 Reed W. Gallogly 12 Deputy County Counsel County of Monterey 13 168 W. Alisal Street, Floor 3 Salinas, CA 93901 14 Phone: (831) 755-5266 Fax: (831) 755-5283 15 GalloglyRW@co.monterey.ca.us 16 George M. Soneff Attorneys for Intervenor CALIFORNIA- Edward G. Burg AMERICAN WATER COMPANY 17 David T. Moran Manatt, Phelps & Phillips, LLI 18 2049 Century Park East, Suite 1700 Los Angeles, CA 90067 19 Phone: (310) 312-4000 Fax: (370) 312-4224 20 GSoneff@manatt.com EBurg@manatt.com 21 DMoran@manatt.com 22 Sarah E. Leeper (SBN 207809) Vice President and General Counsel 23 California-American Water Company 555 Montgomery Street, Suite 816 24 San Francisco, CA 94111 Phone: (415) 863-2960 25 Fax: (415) 397-1586 sarah.leeper@amwater.com 26 1751270.1 27 28 Appellant’s Notice Designating Record On Appeal (Unlimited Civil Case) Case No. 22CV000925