Malmquist

FACTS AND PROCEEDINGS

We summarize the relevant background and add facts throughout the Discussion section where necessary to resolve the claims raised on appeal. The Operative Complaint and Class Certification Motion The City treats water from Folsom Lake in its water treatment plant (plant), and distributes potable water to approximately 23,600 homes and businesses. In July 2020, the City began receiving an increased number of complaints from residents that their copper pipes were experiencing “pinhole leaks,” which allegedly damaged “persons and properties.” In August and September 2020, respectively, the City hired the consulting firms Black & Veatch (B&V) and HDR Engineering (HDR) to help identify potential contributing factors that might explain the increased complaints. We will discuss the memoranda produced by B&V and HDR in greater detail, post. In March 2021, plaintiff filed this class action against the City. The operative complaint, the second amended complaint (complaint), was filed on December 6, 2021. The complaint alleged that between July 2017 and July 2020, the City had failed to maintain proper corrosion control measures at the plant, instead allowing the pH…