REPLY RE: MOTION FOR RECONSIDERATIONPage - 3
A Professional Service Corporation
721 45th Street N.E.Auburn, WA 98002-1381(253) 859-8899
The Declaration of Professor Strait in support of the Motion to Reconsider andMotion to Appoint Stand-by Counsel does not constitute new evidence of the kindthat with reasonable diligence could have been produced previously.CR 59 provides grounds for reconsideration. CR59(a)(4) provides:On the motion of the party aggrieved, a verdict may be vacated and a new trialgranted to all or any of the parties, and on all issues, or on some of the issues whensuch issues are clearly and fairly separable and distinct, or any other decision or ordermay be vacated and reconsideration granted. Such motion may be granted for any oneof the following causes materially affecting the substantial rights of such parties:
Newly discovered evidence, material for the party making the application, whichhe could not with reasonable diligence have been discovered and produced at thetrial
.(emphasis added).It is the Respondent’s position the Declaration of Professor Strait does not constitute‘new evidence’ previously available through reasonable diligence. In general, an issue maybe raised in a motion for reconsideration when the issue is closely related to an issuepreviously raised and no new evidence is required.
August v. U.S. Bancorp,
146 Wn. App.328, 347, 190 P.3d 86 (2008). Nonetheless, in a motion for reconsideration, a plaintiff cannot propose new case theories that could have been raised before entry of an adversedecision.
Wilcox v. Lexington Eye Inst.,
130 Wn. App. 234, 241, 122 P.3d 729 (2005).Mayor Sun is not proposing any new case theories. There is a conflict pursuant to the RPCs,specifically 1.7, 1.13 and 1.16, involving the City Attorney of the City of Pacific. That wasthe subject of the prior briefing and argument. That remains the substance of the Motion toReconsider. That is the subject of the Declaration of Professor Strait.In
146 Wn. App. 328, no prejudice was found by the Court hearing a motionto reconsider on a new theory based on closely related issues and where no new evidence was