Abercrombie

FACTS AND PROCEDURAL HISTORY

Because we are reviewing the trial court’s grant of judgment on the pleadings, the facts set forth below are drawn from the operative petition and complaint, and other judicially noticed facts. (People ex rel. Harris v. Pac Anchor Transp., Inc. (2014) 59 Cal.4th 772, 777 (Pac Anchor).) The Agency is a legislatively created public agency. (Stats. 1986, ch. 832, § 5, p. 2843, Deering’s Ann. Wat.—Uncod. Acts (2008 ed.) Act 130, §§ 1, 2.) Its primary function is to supply water, as a wholesaler, to the three retail water distributors—called “purveyors”—within the geographical boundaries of the upper Santa Clarita Valley. Those distributors are Newhall County Water District, the Santa Clarita Water Division of the Agency, and Valencia. (Id., §§ 1, 2, 4.8, 15.) The Agency can also directly supply water as a retailer in a subset of its territory. (Id., §15, subd. (a)(1); Klajic v. Castaic Lake Water Agency (2004) 121 Cal.App.4th 5, 15.) The Agency is governed by a 10-member board of directors, seven of whom are elected and three of whom are appointed. (Stats. 1986, ch. 832, § 5, p. 2843, Deering’s Ann. Wat.—Uncod. Acts (2008 ed.) Act 130, §§ 5.1, 5.3.) Each…