Is a plaintiff estopped from asserting an untimeliness defense if he raises this contention for the first time in his reply brief?
California, United States of America
The following excerpt is from Martin v. State Bar of Cal., A149489 (Cal. App. 2019):
4. We decline to consider plaintiff's argument that defendants are estopped from asserting an untimeliness defense, as he raises this contention for the first time in his reply brief. (Julian v. Hartford Underwriters Ins. Co. (2005) 35 Cal.4th 747, 761, fn. 4 ["points raised in the reply brief for the first time will not be considered, unless good reason is shown for failure to present them before"].)
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