A recent court filing reveals a significant legal dispute between a water district and a community group over the ownership and maintenance responsibilities of a water delivery system. On May 31, 2024, Bay View Community DE, LLC filed a complaint against Marina Coast Water District in the Sixth Appellate District Court of California.
The case centers around the provision and cost of water services to a mobile home park managed by Bay View Community DE, LLC. Plaintiffs Bryan Taylor, Greg Carter, Brooke Bilyeu, Francis Perez, Theresa Perez, Rosie Telles, and Chris Manuel argued that Marina Coast Water District was responsible for maintaining the water delivery system serving their community. However, after extensive litigation and a three-phase trial, the trial court initially ruled in favor of Bay View Community DE by granting declaratory relief and issuing a writ of mandate.
Following this judgment in September 2022, both parties entered into settlement discussions which led to an agreement by November 2023. As part of their settlement terms, both parties jointly moved for summary reversal of the previous judgment's paragraph 4. This specific paragraph had determined that Marina Coast Water District owned and was responsible for maintaining the water delivery system in question.
In their joint motion for summary reversal filed before any briefing commenced on appeal, both parties expressed that they had resolved their dispute entirely. They agreed that Bay View Community DE would take ownership and responsibility for maintaining the water delivery system. The motion emphasized that reversing paragraph 4 was essential to honor their settlement agreement and that further litigation would be unnecessary.
The court found the joint motion compelling under Code Civ. Proc., § 128(a)(8), determining there was no risk to nonparties or public interests from this reversal. The decision to summarily reverse paragraph 4 aimed to conserve judicial resources by avoiding additional briefings or record reviews while expediting resolution. The court also noted that public trust is maintained when litigants resolve disputes without prolonged litigation.
Ultimately, on September 21, 2022 nunc pro tunc final judgment was reversed as per the stipulation between Bay View Community DE and Marina Coast Water District. Both parties agreed to bear their own costs on appeal with immediate issuance of remittitur.
The attorneys involved in this case include Greenwood P.J., Bamattre-Manoukian J., and Danner J., with Case ID H050456 filed under Monterey County Super Ct No. 18CV000765.