OPV Coalition vs Fox Canyon Groundwater Management Agency et al

Case Number

VENCI00555357

Case Type

Hearing Date / Time

Fri, 09/20/2024 - 10:00

Nature of Proceedings

(3) Motions for Leave; Motion to Disqualify Counsel

Tentative Ruling

The motions of defendants Springville Lemon Ranch, LLC, Lauren Borchard and Leslie Borchard, and Nishimori Property Investments, LLC, for leave to file answers to plaintiffs’ second amended complaint (SAC) are granted. These defendants shall file and serve their respective answers to the SAC on or before September 30, 2024.

On August 5, 2024, defendant Springville Lemon Ranch, LLC, filed its motion for leave to file an answer to plaintiffs’ second amended complaint (SAC). No opposition or other response has been filed to this motion.

On August 12, 2024, (1) defendants Lauren Borchard and Leslie Borchard (collectively, the Borchards), and (2) defendant Nishimori Property Investments, LLC (Nishimori) filed their respective motions for leave to file an answer to the SAC. On September 9, plaintiffs filed their response to these motions stating that they do not oppose the motion, noting that no party to this action would be prejudiced at this stage if leave were granted. Plaintiffs nonetheless dispute claims made in the motions regarding the effectiveness or knowledge of service. On September 13, these moving defendants filed a reply to plaintiffs’ response.

No party has demonstrated any prejudice to granting leave as sought in these motions. Notwithstanding the comments of the parties regarding service as to the Borchards and Nishimori, the granting of leave moots whatever dispute may remain, and plaintiffs expressly do not oppose the granting of such leave. These motions for leave to file answers are granted. In order to maintain a clear record in the court’s file, these answers will need to be filed and served as separate documents rather than as attachments to motions for leave (as they now exist as proposed answers).