Soda Canyon Group vs. County of Napa, et al.

Case No.: 17CV001063     Track Rulings In Case

(1) MOTION TO STRIKE PORTIONS OF PETITIONER’S REPLY IN SUPPORT OF ITS
MOTION TO AUMENT THE ADMINISTRATIVE RECORD AND THE DECLARATION OF
ANTHONY G. ARGER IN ITS ENTIRETY.
TENTATIVE RULING: Respondent’s and Real Parties in Interest’s motion to strike portions of Petitioner’s reply in support of its motion to augment the administrative record and the declaration of Anthony G. Arger in its entirety is GRANTED.
It is generally improper for a party to submit new evidence with a reply brief. (Carbajal v. CWPSC, Inc. (2016) 245 Cal.App.4th 227, 241.) The decision whether to admit such evidence is within the trial court’s discretion. (Id.)
The Court finds that the evidence and legal argument sections of Petitioner’s reply brief subject to the present motion are new, and improperly submitted. For this reason, the Court orders the following stricken from the record:
A) Section II of the Reply Brief (p. 1:17 – 4:24) including footnotes 1 through 3; B........