What is the test for making an argument made for the first time in a reply brief?

California, United States of America


The following excerpt is from Haskayne v. Meyers, G058177 (Cal. App. 2020):

But we do not consider arguments made for the first time in a reply brief unless good cause for the delay is shown. (Mansur v. Ford Motor Co. (2011) 197 Cal.App.4th 1365, 1387-1388.) Defendants have not shown any cause at all, let alone good cause. Thus, the section 1717, subdivision (b)(2) argument is forfeited.

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