BEFORE THE PUBLIC UTILITIES COMMISSION

OF THE STATE OF CALIFORNIA FILED

01/17/18
04:59 PM

Application of California-American ) Application 12-04-019

Water Company (U210W) for Approval ) (Filed April 23, 2012)
of the Monterey Peninsula Water Supply )
Project and Authorization to Recover )
All Present and Future Costs in Rates )
____________________________________)

RESPONSE OF
MONTEREY PENINSULA WATER MANAGEMENT DISTRICT TO
CALIFORNIA-AMERICAN WATER COMPANY’S REQUEST FOR
OFFICIAL NOTICE

David C. Laredo, CSBN 66532

Heidi A. Quinn, CSBN 180880
Frances M. Farina, CSBN 185035
De LAY & LAREDO
606 Forest Avenue
Pacific Grove, CA 93950-4221
Telephone: (831) 646-1502
Facsimile: (831) 646-0377
Email: dave@laredolaw.net
heidi@laredolaw.net
fran@laredolaw.net

Attorneys for MONTEREY PENINSULA

WATER MANAGEMENT DISTRICT

January 17, 2018

 BEFORE THE PUBLIC UTILITIES COMMISSION
OF THE STATE OF CALIFORNIA

Application of California-American ) Application 12-04-019

Water Company (U210W) for Approval ) (Filed April 23, 2012)
of the Monterey Peninsula Water Supply )
Project and Authorization to Recover )
All Present and Future Costs in Rates )
____________________________________)

RESPONSE OF
MONTEREY PENINSULA WATER MANAGEMENT DISTRICT TO
CALIFORNIA-AMERICAN WATER COMPANY’S REQUEST FOR
OFFICIAL NOTICE

The Monterey Peninsula Water Management District (MPWMD) files its Response in

opposition to California-American Water Company’s (Cal-Am) Request for Official Notice filed

January 9, 2018, pursuant to Rule 13.9 of the Rules of Practice and Procedure of the California

Public Utilities Commission (Commission).

Rule 13.9 provides for official notice of matters that could be judicially noticed by

California courts pursuant to Evidence Code §450. Cal-Am cites to §452 (c) that permits judicial

notice of “[o]fficial acts of the legislative, executive, and judicial departments of the United

States and of any state of the United States” and refers to the letter in question as “an official act

of a city….”

Attachment A to the Request for Official Notice is a January 2, 2018 letter from Joe

Gunter, Mayor of the City of Salinas. The letter is written on the Mayor’s letterhead and

expresses his objection to the expansion of the Pure Water Monterey project. The Mayor cites to

the City’s membership on the Salinas Valley Groundwater Sustainability Agency and to the

Monterey Regional Water Pollution Control Agency Boards. Nowhere in the letter does the

Response of MPWMD to Cal-Am’s Request for Official Notice

Page 2 of 3
 Mayor indicate this letter has been authorized by his City Council nor has any agenda or adopted

minutes of the City Council been provided to document this as “an official act of a city.”

Neither Mayor Gunter, nor Cal-Am, provide evidence to show the letter constitutes an

official act of the City of Salinas or satisfies any other qualifying criteria required by Rule

13.9. The letter does not constitute a matter that qualifies for judicial notice pursuant to

California Evidence Code §450.

For these reasons MPWMD objects to the Cal-Am Request for Official Notice filed

January 9, 2018. The motion should be denied.

Dated: January 17, 2018 Respectfully submitted,

/s/ David C. Laredo

________________________
David C. Laredo
De LAY & LAREDO
Attorneys for Monterey Peninsula
Water Management District

Response of MPWMD to Cal-Am’s Request for Official Notice

Page 3 of 3

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