Judge: Stephen I. Goorvitch, Case: 23STCP04613, Date: 2024-10-18 Tentative Ruling

Case Number: 23STCP04613    Hearing Date: October 18, 2024    Dept: 82

Jeffrey Prang,                                                                           Case No. 23STCP04613

Los Angeles County Assessor

v.                                                                                    Hearing: October 18, 2024

Location: Stanley Mosk Courthouse 

Assessment Appeal Board No. 2                              Department: 82

of the County of Los Angeles                                           Judge: Stephen I. Goorvitch 

            Petitioner moves to augment the record to include 15 additional comparables (“comps”) that the Board excluded.  The real party in interest, Time Warner Cable, Inc. (“TWC”), opposes the motion. 

“As a general rule, a hearing on a writ of administrative mandamus is conducted solely on the record of the proceeding before the administrative agency.” (Richardson v. City and County of San Francisco (2013) 214 Cal.App.4th 671, 702.)  However, “[w]here the court finds that there is relevant evidence that . . . was improperly excluded at the hearing before respondent, it may enter judgment as provided in subdivision (f) remanding the case to be reconsidered in the light of that evidence; or, in cases in which the court is authorized by law to exercise its independent judgment on the evidence, the court may admit the evidence at the hearing on the writ without remanding the case.”  (Code Civ. Proc., § 1094.5, subd. (e).)  The movant must establish “the relevancy of the evidence” and demonstrate that the evidence was improperly excluded at the administrative hearing.  (Ibid.) 

            Petitioner has not provided a copy of the administrative record.  Although a notice of lodging was filed on August 2, 2024, Petitioner did not deliver an electronic copy to the court.  Therefore, the court does not have sufficient information to resolve the motion.  The court will discuss whether to deny the motion or continue the hearing with the parties.