Can a party rely on laches as a defense to an adverse administrative action?

California, United States of America


The following excerpt is from Watson v. Dep't of Motor Vehicles, C082920 (Cal. App. 2019):

A party seeking to rely on laches as a defense to an adverse administrative action must present evidence during the administrative action to support the defense. (Piscioneri v. City of Ontario (2002) 95 Cal.App.4th 1037, 1046.) And, in seeking a petition for writ of administrative mandate in superior court, the question of whether a party's action was sufficiently dilatory to warrant the application of the doctrine of laches is a question of fact for the trial court to resolve. (Ibid.) To warrant the application of the doctrine of laches, the party claiming the defense bears the burden of proving both that there was an unreasonable delay and that the delay resulted in prejudice. (Id. at p. 1049-1050.)

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