03-04-14 REPLY IN SUPPORT OF MOTION FOR PEREMPTORY WRIT OF MANDATE

EXCERPTS FROM THE BRIEF:

 …. the “wholesale disqualification” of a party’s experts violates due process as a matter of law, ….

the exclusion of a “credible and substantial” expert report violates due process

…the Commission violated due process by its wholesale disqualification of Drakes Bay’s expert testimony, which included credible and substantial expert reports. [the commission] never mentions either of the cases, ….

The Commission thereby concedes the issue, and the motion. 

This due-process violation, alone, is enough to invalidate the Orders.

 the Commission violated due process by not allowing for cross-examination, and that the Commission’s decision was not supported by competent evidence. 

The California Coastal Commission responds with a series of small, mostly procedural arguments.  All are wrong.

In the quasi-judicial proceeding at issue, the Commission

  • did not act as an impartial judge
  • was too happy to embrace criticisms of the oyster farm,
  • was too hostile to any evidence that favored the farm,
  • was too quick to dismiss evidence that rebutted the staff report.
  • Its behavior demonstrated a desire to win at any cost, and no respect for the truth.

                             VII.     CONCLUSION

This Court should issue an order declaring the Orders invalid, and issue a writ of mandate.

For the complete brief, click on or copy and paste the link below into your web browser:

03-04-14 Reply Brief ISO DBOC’s Motion for Peremptory Writ of Mandate

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