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Off Beat: Lawsuit continues to flow

Three years ago, this column noted that Yuba City and some other entities that receive water from Lake Oroville had just sued the state over, well, water.

It was one of those arcane bits of litigation that few people understand, involving water contracts, areas of origins and promises made but maybe not necessarily broken.

In any event, this looked like the kind of legal jousting that could go on for a bit.

Now, three years later, yup, they're still going at it in Sacramento County Superior Court.

Last December, a judge declined to dismiss the case.

"The primary issue identified by the parties is whether or not (the Department of Water Resources) is permitted, under either its contracts ... or various provisions of the California Water Cede, to provide plaintiffs with less water than the amount plaintiffs have been allotted by virtue of their respective contracts," Judge Shelleyanne W.L. Chang wrote.

She found that "there is a variety of evidence which supports both sides of this legal issue and therefore, resolution of the legal question would require the weighing of the relevant evidence which is undeniably beyond this court's authority in ruling on a summary judgment/adjudication motion."

In a March filing, attorneys noted that if Yuba City and its co-plaintiffs prevail, "this could have substantial statewide implications by altering the priority of California water contractors' rights to water in times of shortage. (DWR's) operation of the vital State Water Project and its complex system of water allocation are at stake."

Stay tuned. This is going to get real good.

Soccer, a rough sport

Stuff happens in high school, and sometimes that stuff becomes a lawsuit.

That's the case with a girl, who a few weeks ago sued the Marysville Joint Unified School District in Yuba County Superior Court.

The lawsuit alleges she was "repeatedly elbowed, kicked and pummeled" by another girl during a January 2010 third-period gym class at Marysville High School.

The victim suffered "horrific injuries to her face," among other injuries, but the suit said the teacher overseeing the gym class told the girl to keep playing even though she was "scared and confused."

She finally made it to the school's office, but no one "took any action whatsoever to provide first aid to (her), contact her parents or further investigate the incident," the suit said.

The girl pulled out her cellphone and called her father, who "immediately rushed" to the school and then took her to a medical facility for aid.

The suit seeks unspecified damages.


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