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
Drakes Bay Oyster Company & the National Park Service. Watch the video, "THE FRAMING OF AN OYSTER FARM" at http://vimeo.com/52331881 