11. Pending Motion

SJWC filed an August 3, 2009 motion to strike portions of DRA's July 17, 2009 opening brief that referred to and/or relied on assertions about alleged facts not included in the evidentiary record. DRA filed an August 18, 2009 response in opposition to SJWC's motion. Only those facts found in the evidentiary record were considered in rendering this decision. Therefore, SJWC's motion is moot.