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PRELIMINARY RULING. Stay tuned for the transcript of today’s preliminary hearing and Gregg Dieguez’s InPerspective. Thanks to Gregg for source material.
JPA stands for Joint Powers Authority between the City of Half Moon Bay, Granada Community Services District (GCSD), Montara Water and Sewer District (MWSD) and Sewer Authority Mid-Coastside (SAM).
SUPERIOR COURT, STATE OF CALIFORNIA COUNTY OF SANTA CLARA
Department 7, Honorable CHRISTOPHER G. RUDY, Presiding
Courtroom Clerk: R. Belligan
DATE: 01/18/2022 TIME: 9:00 A.M.
191 North First Street, San Jose, CA 95113
Telephone: 408-882-2170
Case Name: City of Half Moon Bay v. Granada Community Services District, et al.
Case No.: 17CV316927
The following motions are at issue:
(1) defendant/cross-defendant Montara Water and Sanitary District’s (“Montara”) motion for summary judgment as to the complaint (“Complaint”) filed by plaintiff/cross-defendant City of Half Moon Bay (the “City”);
(2) the City’s motion for summary judgment as to its own Complaint;
and (3) defendant/cross complainant Granada Community Services District’s (“Granada”) motion for summary judgment as to the City’s Complaint and its own cross-complaint (“Cross-Complaint”). Granada joins in Montara’s motion and Montara joins in Granada’s.
Analysis from Preliminary Hearing Doc
“The arguments asserted by the City in support of its motion are the same as those that it asserts in opposition to Montara’s and Granada’s summary judgment motions. That is, it maintains that it is not obligated to pay for any portion of repairs to the IPS because such repairs qualify as new “construction” under the JPA rather than maintenance. However, for the reasons articulated in detail above in the section pertaining to Montara’s motion, the Court does not find this interpretation of the JPA to be reasonable. Consequently, the City’s motion for summary judgment is DENIED.”
Complete Preliminary Ruling from Santa Clara Court
[pdf-embedder url=”https://www.coastsidebuzz.com/wp-content/uploads/2022/01/Prelim-ruling-HMB-Denied-11822.pdf” title=”Prelim ruling HMB Denied 1:18:22″]
Author: Coastside Buzz
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