March 27, 2012
Marina Coast Water District has put its former partners in the now-defunct Regional Desalination Project—California American Water and Monterey County Water Resources Agency—on notice that it might sue them, along with the county of Monterey and the Board of Supervisors.
The heads-up came in letters sent today from MCWD attorney Mark Fogelman of Friedman, Dumas and Springwater to attorneys for Cal Am and MCWRA.
"Marina coast is leaving its options open," Fogelman says. He won't comment on whether a decision has been made about whether to litigate.
The letters ask Cal Am, MCWRA and the county to preserve their records, which is part of the process in electronic discovery—the legal term for collecting digital information relevant to a case.
“This letter does not formally assert claims, but will serve as notice that MCWD may assert such claims and, in that regard, informs you…of the duty to preserve all relevant evidence” from Jan. 1, 2010 to the present, the letters state.