APS WEST COAST, INC. v. CITY OF BENICIA, et al.

Motion by Petitioner for Augmentation of Administrative Record and for Discovery TENTATIVE RULING
In general, on a petition for writ of administrative mandamus, the court is limited to considering the administrative record. (Sierra Club v. California Coastal Com. (2005) 35 Cal.4th 839, 863.)
C.C.P. §1094.5(e) provides an exception to this rule, authorizing the court to also consider relevant evidence which was either improperly excluded from the administrative record, or that could not have been produced in the exercise of reasonable diligence, by the party now attempting to rely upon it. With respect to the email from Mayor Patterson dated March 26, 2017, no explanation is provided as to why this item was not produced at the hearing on March 28, 2017 or “rehearing” on January 16, 2018, given it was in the possession of petitioner’s counsel and petitioner had moved to disqualify Mayor Patterson. The request to augment to add this evidence is untimely. Augmentation c........