03-11-14 Faber, ALSA, and DBOC vs. California Coastal Commission, Marin Sup Court 3-11-14 9AM

MEMORANDUM IN SUPPORT OF DRAKES BAY OYSTER COMPANY’S MOTION FOR PEREMPTORY WRIT OF MANDATE

HEARING DATE:      March 11, 2014

TIME:                           9:00 a.m.

DEPARTMENT:         D22

JUDGE:                        Honorable Mark A. Talamantes

EXCERPTS FROM THE BRIEF: (regarding the actions of the CALIFORNIA COASTAL COMMISSION against DRAKES BAY OYSTER COMPANY)

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

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

The Commission thereby concedes the issue, and the motion. 

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 full reply to the CCC 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

For the original Brief:

2014-14-02Memorandum in Support of Motion for Peremptory Writ of Mandate

 

 

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