gresham savage nolan & tilden, pc · santa clara case no. 1-05-cv-049053 assigned to the...
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ATTORNEYS AT LAW
3750 UNIVERSITY AVE. STE. 250
RIVERSIDE, CA 92501-3335
(951) 684-2171
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SAINT ANDREW’S ABBEY, INC.’S RESPONSES TO UNITED STATES’
FIRST SET OF NON-FORM INTERROGATORIES
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Michael Duane Davis, SBN 093678 Marlene L. Allen-Hammarlund, SBN 126418 Derek R. Hoffman, SBN 285784 GRESHAM SAVAGE NOLAN & TILDEN, PC 3750 University Avenue, Suite 250 Riverside, CA 92501-3335 Telephone: (951) 684-2171 Facsimile: (951) 684-2150 Attorneys for Cross-Defendant/Cross-Complainant, A.V. UNITED MUTUAL GROUP; and Cross-Defendants, ADAMS BENNETT INVESTMENTS, LLC; MIRACLE IMPROVEMENT CORPORATION dba GOLDEN SANDS MOBILE HOME PARK, aka GOLDEN SANDS TRAILER PARK, named as ROE 1121; ST. ANDREW’S ABBEY, INC., named as ROE 623; SERVICE ROCK PRODUCTS, L.P.; and SHEEP CREEK WATER COMPANY, INC
SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF LOS ANGELES
Coordination Proceeding Non-Form Title (Rule 1550(b)) ANTELOPE VALLEY GROUNDWATER CASES Including Consolidated Actions: Los Angeles County Waterworks District No. 40 v. Diamond Farming Co. Superior Court of California, County of Los Angeles, Case No. BC 325 201 Los Angeles County Waterworks District No. 40 v. Diamond Farming Co. Superior Court of California, County of Kern, Case No. S-1500-CV-254-348 Wm. Bolthouse Farms, Inc. v. City of Lancaster Diamond Farming Co. v. City of Lancaster Diamond Farming Co. v. Palmdale Water Dist. Superior Court of California, County of Riverside, consolidated actions, Case Nos. RIC 353 840, RIC 344 436, RIC 344 668
) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )
Judicial Council Coordination Proceeding No. 4408 Santa Clara Case No. 1-05-CV-049053 Assigned to the Honorable Jack Komar Department 17C CROSS-DEFENDANT, SAINT ANDREW’S ABBEY, INC.’S RESPONSES TO UNITED STATES’ FIRST SET OF NON-FORM INTERROGATORIES For Court’s Use Only: Santa Clara County Case No. 1-05-CV-049053 (For E-Posting/E-Service Purposes Only)
AND RELATED ACTIONS.
ATTORNEYS AT LAW
3750 UNIVERSITY AVE. STE. 250
RIVERSIDE, CA 92501-3335
(951) 684-2171
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SAINT ANDREW’S ABBEY, INC.’S RESPONSES TO UNITED STATES’
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TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD:
Cross-Defendant, SAINT ANDREW’S ABBEY, INC.’S (“St. Andrews” or “this
Responding Party”) by and through its attorneys of record, Gresham Savage Nolan & Tilden,
PC, by Michael Duane Davis, Marlene L. Allen-Hammarlund, and Derek R. Hoffman submits
the following responses to United States’ First Set of Non-Form Interrogatories, pursuant to the
provisions of Code of Civil Procedure section 2030.010, as follows:
It should be noted that this Responding Party has not fully completed its investigation of
the facts relating to this case, and has not fully completed its discovery in this action and has not
completed its preparation for the trial. All of the responses contained herein are based upon such
information and documents which are presently available to and specifically known to this
Responding Party and disclose only those contentions which presently occur to such this
Responding Party. It is anticipated that further discovery, independent investigation, legal
research and analysis will supply additional facts, add meaning to the known facts, as well as
establish entirely new factual conclusions and legal contentions, all of which may lead to
substantial additions to, changes in, and variations from the contentions herein set forth. The
following interrogatory responses are given without prejudice to this Responding Party’s right to
produce evidence of any subsequently discovered fact or facts which this Responding Party may
later recall. This Responding Party accordingly reserves the right to change any and all answers
herein as additional facts are ascertained, analysis are made, legal research is completed and
contentions are made. The responses contained herein are made in a good faith effort to supply
as much factual information and as much specification of legal contentions as is presently known
but should in no way be to the prejudice of this Responding Party in relation to further discovery,
research or analysis.
ATTORNEYS AT LAW
3750 UNIVERSITY AVE. STE. 250
RIVERSIDE, CA 92501-3335
(951) 684-2171
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SAINT ANDREW’S ABBEY, INC.’S RESPONSES TO UNITED STATES’
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NON-FORM INTERROGATORY NO. 1:
Do YOU contend that the United States is not entitled to any FEDERAL RESERVED
WATER RIGHT within the ANTELOPE VALLEY GROUNDWATER BASIN?
RESPONSE TO NON-FORM INTERROGATORY NO. 1:
Pursuant to the limiting instructions received from Attorney Lee Leininger on October
31, 2013, this Responding Party has been excused from and will not be responding to this Non-
Form Interrogatory.
NON-FORM INTERROGATORY NO. 2:
If YOUR response to Interrogatory No. 1 is anything other than an unqualified no, state
all facts upon which YOU base YOUR contention.
RESPONSE TO NON-FORM INTERROGATORY NO. 2:
Pursuant to the limiting instructions received from Attorney Lee Leininger on October
31, 2013, this Responding Party has been excused from and will not be responding to this Non-
Form Interrogatory.
NON-FORM INTERROGATORY NO. 3:
Do YOU contend that the United States is not entitled to a FEDERAL RESERVED
WATER RIGHT on lands withdrawn and/or reserved from federal property within the
ANTELOPE VALLEY GROUNDWATER BASIN?
RESPONSE TO NON-FORM INTERROGATORY NO. 3:
Pursuant to the limiting instructions received from Attorney Lee Leininger on October
31, 2013, this Responding Party has been excused from and will not be responding to this Non-
Form Interrogatory.
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ATTORNEYS AT LAW
3750 UNIVERSITY AVE. STE. 250
RIVERSIDE, CA 92501-3335
(951) 684-2171
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SAINT ANDREW’S ABBEY, INC.’S RESPONSES TO UNITED STATES’
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NON-FORM INTERROGATORY NO. 4:
If YOUR response to Interrogatory No. 3 is anything other than an unqualified no, state
all facts upon which YOU base YOUR contention.
RESPONSE TO NON-FORM INTERROGATORY NO. 4:
Pursuant to the limiting instructions received from Attorney Lee Leininger on October
31, 2013, this Responding Party has been excused from and will not be responding to this Non-
Form Interrogatory.
NON-FORM INTERROGATORY NO. 5:
Do YOU contend that the United States is not entitled to a FEDERAL RESERVED
WATER RIGHT on lands acquired by the federal government from non-federal land owners
within the ANTELOPE VALLEY GROUNDWATER BASIN?
RESPONSE TO NON-FORM INTERROGATORY NO. 5:
Pursuant to the limiting instructions received from Attorney Lee Leininger on October
31, 2013, this Responding Party has been excused from and will not be responding to this Non-
Form Interrogatory.
NON-FORM INTERROGATORY NO. 6:
If YOUR response to Interrogatory No. 5 is anything other than an unqualified no, state
all facts upon which YOU base YOUR contention.
RESPONSE TO NON-FORM INTERROGATORY NO. 6:
Pursuant to the limiting instructions received from Attorney Lee Leininger on October
31, 2013, this Responding Party has been excused from and will not be responding to this Non-
Form Interrogatory.
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ATTORNEYS AT LAW
3750 UNIVERSITY AVE. STE. 250
RIVERSIDE, CA 92501-3335
(951) 684-2171
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SAINT ANDREW’S ABBEY, INC.’S RESPONSES TO UNITED STATES’
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NON-FORM INTERROGATORY NO. 7:
The United States contends it is entitled to a FEDERAL RESERVED WATER RIGHT
of 11,683 acre-feet per year from the ANTELOPE VALLEY GROUNDWATER BASIN based
in part on Executive Order No. 6588, issued in 1934. Do YOU contend there was no water
available to reserve from the Antelope Valley Groundwater Basin in 1934?
RESPONSE TO NON-FORM INTERROGATORY NO. 7:
Pursuant to the limiting instructions received from Attorney Lee Leininger on October
31, 2013, this Responding Party has been excused from and will not be responding to this Non-
Form Interrogatory.
NON-FORM INTERROGATORY NO. 8:
If YOUR response to Interrogatory No. 7 is anything other than an unqualified no, state
all facts upon which YOU base YOUR contention.
RESPONSE TO NON-FORM INTERROGATORY NO. 8:
Pursuant to the limiting instructions received from Attorney Lee Leininger on October
31, 2013, this Responding Party has been excused from and will not be responding to this Non-
Form Interrogatory.
NON-FORM INTERROGATORY NO. 9:
The United States withdrew and/or reserved public lands in the ANTELOPE VALLEY
GROUNDWATER BASIN under Executive Order Nos. 6588, 6910, 7707, 7740 and 8450 and
Public Land Order Nos. 613, 646, 1126, issued respectively in 1934, 1934, 1937, 1937, 1940,
1940, 1950 and 1955, and stated that such withdrawals are subject to “VALID EXISTING
RIGHTS” or “EXISTING VALID RIGHTS.” Do YOU contend YOU held any “VALID
EXISTING RIGHT” or any “EXISTING VALID RIGHT” when any of such Executive Orders
or Public Land Orders were issued?
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ATTORNEYS AT LAW
3750 UNIVERSITY AVE. STE. 250
RIVERSIDE, CA 92501-3335
(951) 684-2171
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SAINT ANDREW’S ABBEY, INC.’S RESPONSES TO UNITED STATES’
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RESPONSE TO NON-FORM INTERROGATORY NO. 9:
Pursuant to the limiting instructions received from Attorney Lee Leininger on October
31, 2013, this Responding Party has been excused from and will not be responding to this Non-
Form Interrogatory.
NON-FORM INTERROGATORY NO. 10:
If YOUR response to Interrogatory No. 9 is anything other than an unqualified no, state
all facts upon which YOU base YOUR contention describing the name of the owner of the right,
the nature of “VALID EXISTING RIGHT” or any “EXISTING VALID RIGHT” YOU claim,
and the PARCEL number where the right is or was located.
RESPONSE TO NON-FORM INTERROGATORY NO. 10:
Pursuant to the limiting instructions received from Attorney Lee Leininger on October
31, 2013, this Responding Party has been excused from and will not be responding to this Non-
Form Interrogatory.
NON-FORM INTERROGATORY NO. 11:
If YOUR response to Interrogatory No. 9 is anything other than an unqualified “no”, do
YOU contend that YOU have maintained a “VALID EXISTING RIGHT” or any “EXISTING
VALID RIGHT” at all times in each successive year from 1934 to the present.
RESPONSE TO NON-FORM INTERROGATORY NO. 11:
Pursuant to the limiting instructions received from Attorney Lee Leininger on October
31, 2013, this Responding Party has been excused from and will not be responding to this Non-
Form Interrogatory.
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ATTORNEYS AT LAW
3750 UNIVERSITY AVE. STE. 250
RIVERSIDE, CA 92501-3335
(951) 684-2171
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SAINT ANDREW’S ABBEY, INC.’S RESPONSES TO UNITED STATES’
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NON-FORM INTERROGATORY NO. 12:
If YOUR response to Interrogatory No. 11 is anything other than an unqualified no, state
all facts upon which YOU base YOUR contention.
RESPONSE TO NON-FORM INTERROGATORY NO. 12:
Pursuant to the limiting instructions received from Attorney Lee Leininger on October
31, 2013, this Responding Party has been excused from and will not be responding to this Non-
Form Interrogatory.
NON-FORM INTERROGATORY NO. 13:
If YOUR response to Interrogatory No. 9 is anything other than an unqualified “no”, do
YOU contend that YOU have maintained a “VALID EXISTING RIGHT” or any “EXISTING
VALID RIGHT” at all times in each successive year from 1955 to the present.
RESPONSE TO NON-FORM INTERROGATORY NO. 13:
Pursuant to the limiting instructions received from Attorney Lee Leininger on October
31, 2013, this Responding Party has been excused from and will not be responding to this Non-
Form Interrogatory.
NON-FORM INTERROGATORY NO. 14:
If YOUR response to Interrogatory No. 13 is anything other than an unqualified no, state
all facts upon which YOU base YOUR contention.
RESPONSE TO NON-FORM INTERROGATORY NO. 14:
Pursuant to the limiting instructions received from Attorney Lee Leininger on October
31, 2013, this Responding Party has been excused from and will not be responding to this Non-
Form Interrogatory.
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ATTORNEYS AT LAW
3750 UNIVERSITY AVE. STE. 250
RIVERSIDE, CA 92501-3335
(951) 684-2171
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SAINT ANDREW’S ABBEY, INC.’S RESPONSES TO UNITED STATES’
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NON-FORM INTERROGATORY NO. 15:
Do YOU contend that the ANTELOPE VALLEY GROUNDWATER BASIN was in a
condition of OVERDRAFT in 1934?
RESPONSE TO NON-FORM INTERROGATORY NO. 15:
St. Andrews objects to and contends that the definitions of “OVERDRAFT” and
“OVERDRAFTED” in the Non-Form Interrogatories to which these Responses are submitted,
are not sufficiently clear, are not sufficiently clear to permit St. Andrews to unequivocally
respond to this interrogatory in light of the prior rulings of the Honorable Jack Komar,
Consolidation Judge, respecting the unquantified hydrologic conditions of the greater Antelope
Valley Groundwater Basin. St. Andrews further objects to this interrogatory because it requires
St. Andrews to provide a response based on information that is beyond its reasonable control,
including information from its predecessors in interest. St. Andrews also objects to this
interrogatory because it calls for a legal conclusion. St. Andrews further objects to this
interrogatory because it prematurely calls for an expert opinion in violation of Code of Civil
Procedure Sections 2034.210, 2034.220 and 2034.270. While some expert testimony on this
issue has been offered in prior phases of trial, further expert testimony is likely to be offered in
this matter, but no sooner than the November 18, 2013 deadline for expert witness disclosures
pursuant to the Court’s Case Management Order for Phase 5 and Phase 6 Trials.
Notwithstanding said objections and contentions, and in an effort to comply with said Non-Form
Interrogatory to the best of its ability, St. Andrews submits the following response. St. Andrews
is without sufficient information to allow it to contend or refute that the Antelope Valley
Groundwater Basin, or the portion of the Antelope Valley Groundwater Basin in which St.
Andrews is situated, was in a state of overdraft in 1934.
NON-FORM INTERROGATORY NO. 16:
If YOUR response to Interrogatory No. 15 is anything other than an unqualified no, state
all facts upon which YOU base YOUR contention.
ATTORNEYS AT LAW
3750 UNIVERSITY AVE. STE. 250
RIVERSIDE, CA 92501-3335
(951) 684-2171
-9-
SAINT ANDREW’S ABBEY, INC.’S RESPONSES TO UNITED STATES’
FIRST SET OF NON-FORM INTERROGATORIES
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RESPONSE TO NON-FORM INTERROGATORY NO. 16:
St. Andrew’s Abbey, Inc. is a California corporation, the Articles of Incorporation for
which were recorded with the California Secretary of State on December 9, 1959. St. Andrew’s
Priory, its immediate predecessor-in-interest was established in late 1947 to early 1948. Saint
Andrews is the owner of the approximately 1,878 acres of real properties located at 31001 North
Valyermo Road, Valyermo, CA. St. Andrews’ properties were acquired from a number of prior
farming and ranch holdings, including the old Hidden Springs Ranch and the Nichols Ranch,
commencing in 1948. It is also commonly understood that St. Andrew’s predecessors-in-interest
were engaged in the business of growing and selling truck crops and other similar commodities,
and that there were other farming operations in the southeastern portion of the Antelope Valley
for an extended period of time prior to the acquisition of these properties by St. Andrews. St.
Andrew has been unable, to this point, to locate any records of the groundwater production of its
predecessor-in-interest as of 1934, and has no knowledge of whether the duration and collective
impact of its predecessors-in-interest’s and the other similarly situated farming operations
resulted in overdrafted conditions in 1934. St. Andrews is, however, aware of the data and
observations that area contained in Bulletin 91-12 (1966), cooperatively investigated and
prepared by the State of California Department of Water Resources and the United States
Department of Interior, Geological Survey.
NON-FORM INTERROGATORY NO. 17:
Do YOU contend that the ANTELOPE VALLEY GROUNDWATER BASIN was in a
condition of OVERDRAFT in 1955?
RESPONSE TO NON-FORM INTERROGATORY NO. 17:
St. Andrews objects to and contends that the definitions of “OVERDRAFT” and
“OVERDRAFTED” in the Non-Form Interrogatories to which these Responses are submitted,
are not sufficiently clear, are not sufficiently clear to permit St. Andrews to unequivocally
respond to this interrogatory in light of the prior rulings of the Honorable Jack Komar,
ATTORNEYS AT LAW
3750 UNIVERSITY AVE. STE. 250
RIVERSIDE, CA 92501-3335
(951) 684-2171
-10-
SAINT ANDREW’S ABBEY, INC.’S RESPONSES TO UNITED STATES’
FIRST SET OF NON-FORM INTERROGATORIES
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Consolidation Judge, respecting the unquantified hydrologic conditions of the greater Antelope
Valley Groundwater Basin. St. Andrews further objects to this interrogatory because it requires
St. Andrews to provide a response based on information that is beyond its reasonable control,
including information from its predecessors in interest. St. Andrews also objects to this
interrogatory because it calls for a legal conclusion. St. Andrews further objects to this
interrogatory because it prematurely calls for an expert opinion in violation of Code of Civil
Procedure Sections 2034.210, 2034.220 and 2034.270. While some expert testimony on this
issue has been offered in prior phases of trial, further expert testimony is likely to be offered in
this matter, but no sooner than the November 18, 2013 deadline for expert witness disclosures
pursuant to the Court’s Case Management Order for Phase 5 and Phase 6 Trials.
Notwithstanding said objection and contention, and in an effort to comply with said Non-Form
Interrogatory to the best of its ability, St. Andrews submits the following response. St. Andrews
is without sufficient information to allow it to contend or refute that the Antelope Valley
Groundwater Basin, or the portion of the Antelope Valley Groundwater Basin in which St.
Andrews is situated, was in a state of overdraft in 1955.
NON-FORM INTERROGATORY NO. 18:
If your response to Interrogatory No. 17 is anything other than an unqualified no, state all
facts upon which you base your contention.
RESPONSE TO NON-FORM INTERROGATORY NO. 18:
St. Andrew’s Abbey, Inc. is a California corporation, the Articles of Incorporation for
which were recorded with the California Secretary of State on December 9, 1959. St. Andrew’s
Priory, its immediate predecessor-in-interest was established in late 1947 to early 1948. Saint
Andrews is the owner of the approximately 1,878 acres of real properties located at 31001 North
Valyermo Road, Valyermo, CA. St. Andrews’ properties were acquired from a number of prior
farming and ranch holdings, including the old Hidden Springs Ranch and the Nichols Ranch,
commencing in 1948. It is also commonly understood that St. Andrew’s predecessors-in-interest
ATTORNEYS AT LAW
3750 UNIVERSITY AVE. STE. 250
RIVERSIDE, CA 92501-3335
(951) 684-2171
-11-
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were engaged in the business of growing and selling truck crops and other similar commodities,
and that there were other farming operations in the southeastern portion of the Antelope Valley
for an extended period of time prior to the acquisition of these properties by St. Andrews. St.
Andrew has been unable, to this point, to locate records of its groundwater production as of
1934; however, State of California, Department of Water Resources / United States Department
of Interior / Geological Survey Bulletin No. 91-12, captioned “Water Wells in the Eastern Part of
the Antelope Valley Area of Los Angeles County, California,” is amongst the documentary
evidence reflects the existence of groundwater wells on St. Andrew’s properties, that the wells
were being operated and monitored prior to 1955, and strongly suggests that the southeastern
portion of the Antelope Valley in general, and the Valyermo area in particular, were not in a state
of overdrafted conditions in 1955.
NON-FORM INTERROGATORY NO. 19:
Do YOU contend that the purpose of EDWARDS AIR FORCE BASE is for any purpose
other than a MILITARY PURPOSE?
RESPONSE TO NON-FORM INTERROGATORY NO. 19:
Pursuant to the limiting instructions received from Attorney Lee Leininger on October
31, 2013, this Responding Party has been excused from and will not be responding to this Non-
Form Interrogatory.
NON-FORM INTERROGATORY NO. 20:
If your response to Interrogatory No. 19 is anything other than an unqualified no, state all
facts upon which you base your contention.
RESPONSE TO NON-FORM INTERROGATORY NO. 20::
Pursuant to the limiting instructions received from Attorney Lee Leininger on October
31, 2013, this Responding Party has been excused from and will not be responding to this Non-
Form Interrogatory.
ATTORNEYS AT LAW
3750 UNIVERSITY AVE. STE. 250
RIVERSIDE, CA 92501-3335
(951) 684-2171
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NON-FORM INTERROGATORY NO. 21:
Do YOU contend that the purpose of AIR FORCE PLANT 42 is for any purpose other
than a MILITARY PURPOSE?
RESPONSE TO NON-FORM INTERROGATORY NO. 21:
Pursuant to the limiting instructions received from Attorney Lee Leininger on October
31, 2013, this Responding Party has been excused from and will not be responding to this Non-
Form Interrogatory.
NON-FORM INTERROGATORY NO. 22:
If your response to Interrogatory No. 21 is anything other than an unqualified no, state all
facts upon which you base your contention.
RESPONSE TO NON-FORM INTERROGATORY NO. 22:
Pursuant to the limiting instructions received from Attorney Lee Leininger on October
31, 2013, this Responding Party has been excused from and will not be responding to this Non-
Form Interrogatory.
NON-FORM INTERROGATORY NO. 23:
Do YOU contend that the use of water on EDWARDS AIR FORCE BASE is for any
purpose other than a MILITARY PURPOSE?
RESPONSE TO NON-FORM INTERROGATORY NO. 23:
Pursuant to the limiting instructions received from Attorney Lee Leininger on October
31, 2013, this Responding Party has been excused from and will not be responding to this Non-
Form Interrogatory.
NON-FORM INTERROGATORY NO. 24:
If your response to Interrogatory No. 23 is anything other than an unqualified no, state all
facts upon which you base your contention.
ATTORNEYS AT LAW
3750 UNIVERSITY AVE. STE. 250
RIVERSIDE, CA 92501-3335
(951) 684-2171
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RESPONSE TO NON-FORM INTERROGATORY NO. 24:
Pursuant to the limiting instructions received from Attorney Lee Leininger on October
31, 2013, this Responding Party has been excused from and will not be responding to this Non-
Form Interrogatory.
NON-FORM INTERROGATORY NO. 25:
Do YOU contend that the use of water on AIR FORCE PLANT 42 is for any purpose
other than a MILITARY PURPOSE?
RESPONSE TO NON-FORM INTERROGATORY NO. 25:
Pursuant to the limiting instructions received from Attorney Lee Leininger on October
31, 2013, this Responding Party has been excused from and will not be responding to this Non-
Form Interrogatory.
NON-FORM INTERROGATORY NO. 26:
If your response to Interrogatory No. 25 is anything other than an unqualified no, state all
facts upon which you base your contention.
RESPONSE TO NON-FORM INTERROGATORY NO. 26:
Pursuant to the limiting instructions received from Attorney Lee Leininger on October
31, 2013, this Responding Party has been excused from and will not be responding to this Non-
Form Interrogatory.
NON-FORM INTERROGATORY NO. 27:
What is the amount of groundwater YOU pumped during calendar year 1934 within the
ANTELOPE VALLEY GROUNDWATER BASIN.
RESPONSE TO NON-FORM INTERROGATORY NO. 27:
St. Andrew’s Abbey, Inc. is a California corporation, the Articles of Incorporation for
which were recorded with the California Secretary of State on December 9, 1959. St. Andrew’s
ATTORNEYS AT LAW
3750 UNIVERSITY AVE. STE. 250
RIVERSIDE, CA 92501-3335
(951) 684-2171
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Priory, its immediate predecessor-in-interest was established in late 1947 to early 1948. Saint
Andrews is the owner of the approximately 1,878 acres of real properties located at 31001 North
Valyermo Road, Valyermo, CA. St. Andrews’ properties were acquired from a number of prior
farming and ranch holdings, including the old Hidden Springs Ranch and the Nichols Ranch,
commencing in 1948. It is also commonly understood that St. Andrew’s predecessors-in-interest
were engaged in the business of growing and selling truck crops and other similar commodities,
and that there were other farming operations in the southeastern portion of the Antelope Valley
for an extended period of time prior to the acquisition of these properties by St. Andrews. As
such, though St. Andrews did not exist and therefore did not produce groundwater from its
properties in 1934; however, it is believed that its predecessors-in-interest did, though the
quantities are unknown.
NON-FORM INTERROGATORY NO. 28:
What is the amount of groundwater YOU pumped during calendar year 1955 within the
ANTELOPE VALLEY GROUNDWATER BASIN.
RESPONSE TO NON-FORM INTERROGATORY NO. 28:
St. Andrew’s Abbey, Inc. is a California corporation, the Articles of Incorporation for
which were recorded with the California Secretary of State on December 9, 1959. St. Andrew’s
Priory, its immediate predecessor-in-interest was established in late 1947 to early 1948. Saint
Andrews is the owner of the approximately 1,878 acres of real properties located at 31001 North
Valyermo Road, Valyermo, CA. St. Andrews’ properties were acquired from a number of prior
farming and ranch holdings, including the old Hidden Springs Ranch and the Nichols Ranch,
commencing in 1948. It is also commonly understood that St. Andrew’s predecessors-in-interest
were engaged in the business of growing and selling truck crops and other similar commodities,
and that there were other farming operations in the southeastern portion of the Antelope Valley
for an extended period of time prior to the acquisition of these properties by St. Andrews. St.
Andrew has been unable, to this point, to locate records of its groundwater production as of
ATTORNEYS AT LAW
3750 UNIVERSITY AVE. STE. 250
RIVERSIDE, CA 92501-3335
(951) 684-2171
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1955; however, State of California, Department of Water Resources / United States Department
of Interior / Geological Survey Bulletin No. 91-12, captioned “Water Wells in the Eastern Part of
the Antelope Valley Area of Los Angeles County, California (1966),” is amongst the
documentary evidence reflecting the then existence of groundwater wells on St. Andrew’s
properties, that the wells were being operated and monitored prior to 1955, though the quantities
of such production are not presently known.
NON-FORM INTERROGATORY NO. 29:
What land PARCELS did YOU own within the ANTELOPE VALLEY
GROUNDWATER BASIN in calendar year 1934.
RESPONSE TO NON-FORM INTERROGATORY NO. 29:
St. Andrew’s Abbey, Inc. is a California corporation, the Articles of Incorporation for
which were recorded with the California Secretary of State on December 9, 1959. St. Andrew’s
Priory, its immediate predecessor-in-interest was established in late 1947 to early 1948. Saint
Andrews is the owner of the approximately 1,878 acres of real properties located at 31001 North
Valyermo Road, Valyermo, CA. St. Andrews’ properties were acquired from a number of prior
farming and ranch holdings, including the old Hidden Springs Ranch and the Nichols Ranch,
commencing in 1948. Accordingly, though St. Andrews did not own said properties in 1934, its
predecessors-in-interest did.
NON-FORM INTERROGATORY NO. 30:
What land PARCELS did YOU own within the ANTELOPE VALLEY
GROUNDWATER BASIN in calendar year 1955.
RESPONSE TO NON-FORM INTERROGATORY NO. 30:
St. Andrew’s Abbey, Inc. is a California corporation, the Articles of Incorporation for
which were recorded with the California Secretary of State on December 9, 1959. St. Andrew’s
Priory, its immediate predecessor-in-interest was established in late 1947 to early 1948. Saint
ATTORNEYS AT LAW
3750 UNIVERSITY AVE. STE. 250
RIVERSIDE, CA 92501-3335
(951) 684-2171
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SAINT ANDREW’S ABBEY, INC.’S RESPONSES TO UNITED STATES’
FIRST SET OF NON-FORM INTERROGATORIES
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Andrews is the owner of the approximately 1,878 acres of real properties located at 31001 North
Valyermo Road, Valyermo, CA. St. Andrews’ properties were acquired from a number of prior
farming and ranch holdings, including the old Hidden Springs Ranch and the Nichols Ranch,
commencing in 1948. The Los Angeles County Assessor’s Identification Numbers (“AIN”) for
the properties owned by St. Andrews are set forth in Attachment I.1.a. to Cross-Defendant, St.
Andrew’s Abbey, Inc.’s [Roe 623] Information and Materials Responsive to December 12, 2012
Discovery Order for Phase 4 Trial, which was posted to the Court’s website on December 21,
2012.
NON-FORM INTERROGATORY NO. 31:
For each of the interrogatories above, please identify all expert witnesses YOU intend to
have testify relating to the FEDERAL RESERVED WATER RIGHT.
RESPONSE TO NON-FORM INTERROGATORY NO. 31:
Pursuant to the limiting instructions received from Attorney Lee Leininger on October
31, 2013, this Responding Party has been excused from and will not be responding to this Non-
Form Interrogatory.
NON-FORM INTERROGATORY NO. 32:
For each expert identified in Interrogatory No. 31, state the substance of the facts and
opinions to which the expert is expected to testify and a summary of the grounds for each
opinion.
RESPONSE TO NON-FORM INTERROGATORY NO. 32:
Pursuant to the limiting instructions received from Attorney Lee Leininger on October
31, 2013, this Responding Party has been excused from and will not be responding to this Non-
Form Interrogatory.
///
ATTORNEYS AT LAW
3750 UNIVERSITY AVE. STE. 250
RIVERSIDE, CA 92501-3335
(951) 684-2171
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NON-FORM INTERROGATORY NO. 33:
For each of the interrogatories above, please identify the persons most qualified to testify
on behalf of the facts alleged and materials produced.
RESPONSE TO NON-FORM INTERROGATORY NO. 33:
This Responding Party has filed it Notice of Intention to Not Participate in the Phase 5
Trial proceedings on the issue of the Federal Reserved Water Right. Notwithstanding, this
Responding Party responds: Father Francis Benedict, Abbot Emeritus and Property Manager,
and Robert Krieger, P.E., Chairman of the Board of Krieger and Stewart, Inc.
ATTORNEYS AT LAW
3750 UNIVERSITY AVE. STE. 250
RIVERSIDE, CA 92501-3335
(951) 684-2171
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SIGNED BY ATTORNEY AS TO OBJECTIONS ONLY.
DATED: November 12, 2013 Respectfully submitted,
GRESHAM SAVAGE NOLAN & TILDEN, PC
By:_______________________________________ MICHAEL DUANE DAVIS, ESQ. MARLENE L. ALLEN-HAMMARLUND, ESQ. DEREK R. HOFFMAN, ESQ. Attorneys for CROSS-DEFENDANTS / CROSS-COMPLAINANTS, A. V. UNITED MUTUAL GROUP; and CROSS-DEFENDANTS, ADAMS BENNETT INVESTMENTS, LLC, MIRACLE IMPROVEMENT CORPORATION dba GOLDEN SANDS MOBILE HOME PARK, aka GOLDEN SANDS TRAILER PARK [ROE 1121], ST. ANDREW’S ABBEY, INC. [ROE 623], SERVICE ROCK PRODUCTS, L.P., and SHEEP CREEK WATER COMPANY, INC.
ATTORNEYS AT LAW
3750 UNIVERSITY AVE. STE. 250
RIVERSIDE, CA 92501-3335
(951) 684-2171
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PROOF OF SERVICE
STATE OF CALIFORNIA, COUNTY OF SAN BERNARDINO
Re: ANTELOPE VALLEY GROUNDWATER CASES
Los Angeles County Superior Court Judicial Council Coordinated Proceedings No. 4408; Santa Clara County Superior Court Case No. 1-05-CV-049053
I am employed in the County of San Bernardino, State of California. I am over the age of
18 years and not a party to the within action; my business address is: 550 East Hospitality Lane, Suite 300, San Bernardino, CA 92408.
On November 12, 2013, I served the foregoing document(s) described as CROSS-DEFENDANT, SAINT ANDREW’S ABBEY, INC.’S RESPONSES TO UNITED STATES’ FIRST SET OF NON-FORM INTERROGATORIES on the interested parties in this action in the following manner:
( X ) BY ELECTRONIC SERVICE – I posted the document(s) listed above to the Santa Clara County Superior Court website, http://www.scefiling.org, in the action of the Antelope Valley Groundwater Cases,
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
Executed on November 12, 2013, at San Bernardino, California.
DINA M. SNIDER