Court Documents– The Mojave Pistachios Action was stayed pursuant to an April 26, 2023 order of the Court of Appeal, Fourth Appellate District, Division Three, after Mojave Pistachios filed a petition for writ of mandate in that court on February 21, 2023. On February 8, 2024, the Court of Appeal issued its opinion denying the petition for writ of mandate. On February 23, 2024, Mojave Pistachios petitioned the Court of Appeal for rehearing, and rehearing was denied on March 4. On March 19, 2024, Mojave Pistachios petitioned the California Supreme Court for a review of the opinion. The petition for review of the opinion was denied with no explanation or analysis on May 15, 2024. Mojave Pistachios now intends to file a petition for a writ of certiorari in the United States Supreme Court on or before August 13, 2024, raising constitutional issues of due process and unlawful takings.
Mojave Pistachios has elected to prepare the administrative record. IWVGA filed an answer to Mojave Pistachios’ Fourth Amended Petition and Complaint on April 24, 2023, just two days before the Court of Appeal stayed this action. The administrative record has not been prepared in the consolidated cases due to the Court of Appeal-imposed stay. Its timing may be further influenced by Searles’ contemplated amendment of its complaint to add a Public Records Act cause of action (see, infra, § 4(2) for further discussion), and by a further stay of proceedings in the event review is granted by the United States Supreme Court. Absent cooperation by the IWVGA, Mojave Pistachios may also seek intervention by this Court in resolving the IWVGA’s refusal to produce the documents comprising the administrative record in response to Mojave Pistachios’ March 16, 2023 California Public Records Act request.
The Authority believes that Mojave has all or substantially all of the documents necessary to prepare the administrative record. If Mojave continues to fail to produce a Record, the Authority intends to move to bifurcate the matter to try Mojave’s challenge to the GSP first (as that is a validation action entitled to preference), and will prepare the Record as to that claim.
A status conference in the Mojave Pistachios Action is set to occur on June 14, 2024, in this Department.
(2) Searles Valley Minerals Inc. v. Indian Wells Valley Groundwater
Authority; et al., OCSC Case No. 30-2021-01188089-CU-WM-CXC (the “Searles Action”)
(consolidated with the Mojave Pistachios Action, which is the lead case; related to all cases listed on the caption; and pending before The Honorable William Claster): On September 29, 2020, Searles filed a Petition for Writ of Mandate; Complaint for Declaratory and Injunctive Relief; and Takings Claims under the California Constitution against IWVGA and IWVGA’s Board of Directors. On or about August 25, 2021, Searles filed a First Amended Petition for Writ of Mandate and Complaint for Declaratory and Injunctive Relief and Takings Claim under the California Constitution. Through its petition, Searles challenges the validity of IWVGA’s GSP.
This case is consolidated with the Mojave Pistachios Action, and, therefore, the stay imposed by the Court of Appeal on April 26, 2023, also applied to the Searles Action.
IWVGA filed an Answer to Searles’ First Amended Petition and Complaint on April 24, 2023, just two days before the Mojave Pistachios Action was stayed. Given that the administrative records for both the Mojave Pistachios and Searles Actions are likely to be mostly similar, the administrative record has not been prepared in the consolidated cases. Moreover, Searles intends to file a motion for leave to amend its operative complaint to add a Public Records Act cause of action for IWVGA’s failure to comply with Searles’ request for public records for the administrative record.
The Authority contends that to the extent Searles believes it has claims against the Authority separate from those in the current action, those are not appropriate here and should not delay this proceeding. As stated above, if Mojave fails to produce an Administrative Record as to all current claims, the Authority will move to bifurcate the claims and seek authority to prepare the administrative record as to the GSP.
A status conference in the Searles Action is set to occur on June 14, 2024, in this Department.
(3) Indian Wells Valley Groundwater Authority v. Mojave Pistachios, LLC; et al., OCSC Case No. 30-2022-01239479-CU-MC-CJC (related to all cases listed on the caption; and pending before The Honorable William Claster): On January 5, 2022, IWVGA filed a Complaint for Preliminary and Permanent Injunction; Recovery of Delinquent Groundwater
Fees; and Civil Penalties against Mojave Pistachios. Through its complaint, IWVGA seeks to enjoin Mojave Pistachios from operating groundwater wells without payment of Basin Replenishment Fees, delinquent groundwater extraction charges, and civil penalties. Mojave Pistachios filed an Answer on April 11, 2022. A status conference on this matter is set to occur on June 14, 2024, in this Department.
On March 13, the IWVGA filed a motion for preliminary injunction in this action. The matter was originally set for hearing on April 12, but was continued on the court’s own motion to June 14, 2024, in this Department.
