Westlands Water Dist. Distribution Dist. No. 2 v. All Persons Interested CA5

Filed 8/28/23 Westlands Water Dist. Distribution Dist. No. 2 v. All Persons Interested CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT

WESTLANDS WATER DISTRICT DISTRIBUTION DISTRICT NO. 2, F084291

Plaintiff and Appellant, (Super. Ct. No. 20CECG01012)

v. OPINION ALL PERSONS INTERESTED, etc., et al.,

Defendants and Respondents.

THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. Kimberly A. Gaab, Judge.

Stradling Yocca Carlson & Rauth, Allison E. Burns and Douglas S. Brown for Plaintiff and Appellant. Law Office of Roger B. Moore, Roger B. Moore; Law Office of Adam Keats and Adam Keats for Defendants and Respondents California Water Impact Network, AquAlliance, and Planning and Conservation League. Mohan Harris Ruiz and S. Dean Ruiz for Defendant and Respondent Central Delta Water Agency.

*Before Detjen, Acting P. J., Peña, J. and Snauffer, J.

Law Offices of Stephan C. Volker, Stephan C. Volker, Stephanie L. Clarke and Jamey M.B. Volker for Defendants and Respondents North Coast Rivers Alliance, Winnemem Wintu Tribe, California Sportfishing Protection Alliance, Institute for Fisheries Resources, Pacific Coast Federation of Fishermen’s Associations, and San Francisco Crab Boat Owners Association. -ooOoo- Appellant Westlands Water District Distribution District No. 2 (Westlands DD #2) seeks review of a motion ruling but concedes the appeal is likely premature. Respondents submit, more assertively, that the matter concerns a nonappealable order. We dismiss the appeal for lack of appellate jurisdiction. FACTUAL AND PROCEDURAL BACKGROUND Westlands DD #2, a public agency formed pursuant to Water Code section 36460, filed the underlying validation action pursuant to, inter alia, Code of Civil Procedure section 860 et seq. The complaint sought a judicial decree regarding the validity of a contract between Westlands DD #2 and the federal government. Service of the complaint and summons upon “[a]ll persons interested in this matter” was accomplished by publication. Two groups of defendants, which included California Water Impact Network (CWIN) and North Coast Rivers Alliance (NCRA), joined the action by filing verified answers. A third verified answer was filed by the Central Delta Water Agency.1 In September 2021, Westlands DD #2 filed a motion for entry of a validation judgment in its favor. Respondents filed opposition papers, and the Fresno Superior Court tentatively ruled to deny the motion because the contract in question was materially