Drakes Bay Oyster Co. v. California Coastal Commission

—Plaintiff and appellant Drakes Bay Oyster Company (Company) appeals from the lower court’s denial of its motion for a preliminary injunction and to disqualify certain California Coastal Commission (Commission) staff members from participating in the litigation below, whether as the Commission’s client representatives or as counsel, and from communicating confidentially with the Commission regarding the litigation. The Company contends that, as a matter of law, these staff members’ participation in the litigation after they advocated for enforcement orders against the Company in Commission proceedings violates the Company’s due process rights as articulated in cases such as Morongo Band of Mission Indians v. State Water Resources Control Bd. (2009) 45 Cal.4th 731 , 739-740 [ 88 Cal.Rptr.3d 610 , 199 P.3d 1142 ] (Morongo). We conclude that the cases on which the Company relies do not support its position. Those cases address a party’s due process right to a fair and impartial decision maker in quasi-judicial administrative proceedings and require separation of prosecuto-rial functions from advisory functions during such proceedings. The cases do not concern litigation…