Monday, November 21, 2011

Bullis Charter School v. Los Altos School Dist. (Cal. Ct. App. - Nov. 21, 2011)

The respondents' petition for rehearing cites 39 cases that it didn't cite in its underlying brief.  That's indeed some indication, as the Court of Appeal notes in denying the petition, that the arguments made therein might be new.  Not conclusive, mind you.  Maybe they're just bearing down at this point on a key issue raised by the earlier brief.  But still, some evidence.

The Court of Appeal might, however, want to change the third sentence of the new footnote, which currently reads:  "To the extent the petition raises new arguments and cites new authorities, it is an improper."  Either to delete the word "an" or to finish up the sentence.

But the point's nonetheless pretty clear.  You can your chance.  We're not going to let you make new arguments later.