ECOLOGICAL RIGHTS FOUNDATION, A NON-PROFIT VS. CALIFORNIA STATE WATER RESOURCES CONTROL BOARD, A ET AL

Set for Law and Motion/Discovery Calendar on Thursday, July 10, 2025, Line 1. PETITIONER ECOLOGICAL RIGHTS FOUNDATION's Motion To Compel Further Responses To Discovery

Petitioner Ecological Rights Foundation's motion to compel further responses to requests for admissions 1-7 and 18-30, special interrogatories 1-6 and 16, and form interrogatory 17.1 is granted in its entirety. All of the objections by respondent California State Water Resources Control Board lack merit except for attorney-client privilege and work product doctrine objections and, as to those objections, the court is unable to evaluate them without the Board providing more information supporting the objections.

The Board must serve verified code-compliant further responses to all the discovery requests at issue on this motion without any objections other than attorney-client and work product objections no later than August 29, 2025. Any responsive information withheld on the grounds of attorney-client privilege and work product doctrine must be identified in a privilege log to be served concurrent with the further responses. The Board's use of its own definition of "Triennial Review" and its objections based on non-justiciability, relevance, sovereign immunity, quasi-legislative decision-making, ripeness, official information privilege, and deliberative process privilege lack merit.

For the 9:00 a.m. calendar, all attorneys and parties may appear in Department 302 remotely or in person. Remote hearings will be conducted by videoconference using Zoom. (Dept. 302 Zoom ID 160 409 7690; Passcode 516287.) To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number.

Any party who contests a tentative ruling must send an email to contestdept302tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. The text of the email shall include the name and contact information, including email address, of the attorney or party who will appear at the hearing.

Counsel for the prevailing party is required to prepare a proposed order which repeats verbatim the substantive portion of the tentative ruling and must email it to contestdept302tr@sftc.org prior to the hearing even if the tentative ruling is not contested.

The court no longer provides a court reporter in the Law & Motion Department. Parties may retain their own reporter, who may appear in the courtroom or remotely. A retained reporter must be a California certified court reporter (CSR), for only a CSR's transcript may be used in California courts. If a CSR is being retained, include in your email all of the following: their name, CSR and telephone numbers, and their individual work email address. =(302/HEK) | |