OPV Coalition et al vs Fox Canyon Groundwater Management Agency et al

Case Number

VENCI00555357

Case Type

Hearing Date / Time

Fri, 12/19/2025 - 10:00

Nature of Proceedings

5 Motions for Leave; Motion to Dismiss

Tentative Ruling

(See below)

On calendar for December 19, 2025, at 10:00 a.m., are six motions regarding parties’ status and two motions regarding the court’s decision in Phase 1. There is also outstanding Special Master’s Report No. 10.

(1)       Status of Parties

On August 20, 2025, defendant Arnold H. Meyerstein Jr., as trustee of the Meyerstein Trust dated 6/10/1993, filed a motion for leave to file an amended answer to the second amended complaint (SAC).

On September 16, 2025, defendant Home Ranch-MIG, LLC, filed a motion for leave to file an answer to the SAC.

On September 18, 2025, defendant Noelle Claeyssens Burkey, as trustee of the Noelle Claeyssens Burkey Revocable Trust dated April 1, 2009, file a motion for leave to file an answer to the SAC.

On October 21, 2025, plaintiffs filed their motion to update, dismiss, and to add parties. By this motion, plaintiffs seek to: (1) substitute into the action the Christy Family Trust and Unified Berry Farms (together, the “Substituting Parties”), who have acquired ownership of property previously owned by current parties to this adjudication, as is permitted under Code of Civil Procedure section 368.5; (2) add Berryland Properties, Sakioka Farms, Andrea’s Ranch, and the New Borchard Parties (together, the “Intervening Parties”) as plaintiffs in the action by way of intervention under Code of Civil Procedure sections 387 and 837, subdivision (c); and (3) dismiss the 1999 Myers Family Trust, The Ralph W. Borchard Survivor’s Trust, terms of the Ralph W. Borchard Family Trust, The Ralph W. Borchard Survivor’s Trust, terms of Grantor Trust, The Ralph W. Borchard Decedent’s Trust, terms of the Ralph W. Borchard Family Trust, The Ralph W. Borchard Decedent’s Trust, terms of Grantor Trust, and Windwen Lands LLC (the “Borchard Dismissal Parties”), and Jesse DeBusschere, an individual. (The Borchard Dismissal Parties—with the exception of the 1999 Myers Family Trust, which is erroneously and redundantly named as a plaintiff and remains a plaintiff under a similar name—and Jesse DeBusschere no longer own agricultural land overlying either the Oxnard or Pleasant Valley Basin.)

On November 12, 2025, defendant Airtight Alliance Investments, LLC, filed its motion for leave to file an answer to the SAC. Also on November 12, defendant Hofer Properties LLC for leave to file an answer to the SAC.

There are no oppositions or other responses filed to these motions. All of these motions are granted. All answers, original or amended, for which leave is granted by these motions shall be filed and served on or before January 16, 2026.

(2)       Special Master’s Report No. 10

The Special Master has issued a report recommending a modification to cost share allocations to reflect changes to party status. Notice of the report was filed and served on November 25, 2025. The report notes that no objection is anticipated to this recommendation.

Absent objection, the court will adopt the recommendations of Report No. 10 as orders of the court.

(3)       Motions re Phase 1 Decision

The motions regarding the court’s decision in Phase 1 will be addressed separately.