Preview
3/2/2021
Superior Court of California
XAVIER BECERRA F F
C°unty °f am
Attorney General of California I
2 PETER D. HALLORAN I
Supervising Deputy Attorney General L 03/03/2021 L
3 JERRY J. DESCHLER E E
Deputy Attorney General D Kimberly Flener. Clerk D
4 State Bar No. 215691
1300 I Street, Suite 125 By
P.O. Box 944255 EIec nIcaIIy ILED
Sacramento, CA 94244-2550
Telephone: (916) 210-7871
Fax: (916) 324—5567
E-mail: Jerry.Deschler@doj.ca.gov
Attorneys for Defendants
Board of Trustees of the California State University,
which is the State of California acting in its higher
education capacity (erroneously sued as “Trustees
of the California State University, State of
10 California”), Cynthia Daley, and Debra Larson
11
SUPERIOR COURT OF THE STATE OF CALIFORNIA
12
COUNTY OF BUTTE
13
CIVIL DIVISION
14
15
16 TERESA RANDOLPH, Case No.19CV01226
17 Plaintiff, ORDER
18
19
TRUSTEES 0F THE CALIFORNIA
20 STATE UNIVERSITY, STATE OF
CALIFORNIA, AND CYNTHIA DALEY,
21 AN INDIVIDUAL, AND DEBRA LARSON,
AN INDIVIDUAL,
22
Defendant.
23
24 Defendants’ Motion for Judgment on the Pleadings as to Plainbtiff’s Third Amended
25 Complaint was heard on February 24, 2021 at approximately 9:30 am.
26 Thomas Dimitre appeared on behalf of plaintiff Teresa Randolph.
27 Deputy Attorney General, Jerry Deschler, appeared on behalf of defendants Board of
28 Trustees of the California State University, which is the State of California acting in its higher
1
Order (19CVO 1226)
Electronically Filed
l education capacity (erroneously sued as “Trustees of the California State University, State of
2 California”), Cynthia Daley, and Debra Larson.
3 The Court hereby rules on Defendants’ Motion for Judgment on the Pleadings as to
4 Plainbtiff’s Third Amended Complaint as follows:
5 The tentative ruling is adopted, as follows: Pursuant to Butte County Superior Court Local
6 Rule 3.11(b), the Court refuses to consider the Plaintiff‘s untimely opposition. Defendants' motion
7 for judgment on the pleadings is granted in part and denied in part. As to the eighth cause of
8 action (Wrongfill Termination/Constructive Discharge/Retaliation in Violation of Statute), the
9 motion for judgment on the pleadings is granted without leave to amend on the grounds that
10 Government Code section 815 bars common law Tameny claims and the Third Amended
1 1 Complaint does not set forth any independent basis to bring such common law claims. As to the
12 eleventh cause of action (Defamation), the Court finds that Plaintiff has satisfied the Government
13 Tort Claims Act and that the facts in the claims form coincide with the allegations in the
14 complaint. However, Plaintiff has failed to cure the pleading deficiencies with regard to her claim
15 against Defendant Larson, and as to Defendant Larson, the motion for judgment on the pleadings
16 is granted without leave to amend. In all other respects, the motion is denied.
l7 IT IS SO ORDERED.
18
19 Dated: March 3., 2021
The Honorable Stephen E. Benson
20
21
22
23
24
25
26
‘
27
28
Order (19CV01226)
DECLARATION OF SERVICE BY U.S. MAIL
Case Name: Teresa Randolph v. Trustees of the California State University, et al.
Case No.: 19CV01226
I declare:
I am employed in the Office of the Attorney General, which is the office of a member of the
California State Bar, at which member's direction this service is made. I am 18 years of age or
older and not a party to this matter. I am familiar with the business practice at the Office of the
Attorney General for collection and processing of correspondence for mailing with the United
States Postal Service. In accordance with that practice, correspondence placed in the internal
mail collection system at the Office of the Attorney General is deposited with the United States
Postal Service with postage thereon fully prepaid that same day in the ordinary course of
business.
On March 2, 2021, I served the attached ORDER by placing a true copy thereof enclosed in a
sealed envelope in the internal mail collection system at the Office of the Attorney General at
1300 I Street, Suite 125, P.O. Box 944255, Sacramento, CA 94244-2550, addressed as follows:
Thomas Dimitre, Esq.
PO Box 801
Ashland, OR 97520
Attorney for Plaintiff
I declare under penalty of perjury under the laws of the State of California and the United States
of America the foregoing is true and correct and that this declaration was executed on March 2,
2021, at Sacramento, California.
Natalie Y. Quinonez
Declarant Signature
SA2019102196
34868546.docx
Preview
3/2/2021 Superior Court of California XAVIER BECERRA F F C°unty °f am Attorney General of California I 2 PETER D. HALLORAN I Supervising Deputy Attorney General L 03/03/2021 L 3 JERRY J. DESCHLER E E Deputy Attorney General D Kimberly Flener. Clerk D 4 State Bar No. 215691 1300 I Street, Suite 125 By P.O. Box 944255 EIec nIcaIIy ILED Sacramento, CA 94244-2550 Telephone: (916) 210-7871 Fax: (916) 324—5567 E-mail: Jerry.Deschler@doj.ca.gov Attorneys for Defendants Board of Trustees of the California State University, which is the State of California acting in its higher education capacity (erroneously sued as “Trustees of the California State University, State of 10 California”), Cynthia Daley, and Debra Larson 11 SUPERIOR COURT OF THE STATE OF CALIFORNIA 12 COUNTY OF BUTTE 13 CIVIL DIVISION 14 15 16 TERESA RANDOLPH, Case No.19CV01226 17 Plaintiff, ORDER 18 19 TRUSTEES 0F THE CALIFORNIA 20 STATE UNIVERSITY, STATE OF CALIFORNIA, AND CYNTHIA DALEY, 21 AN INDIVIDUAL, AND DEBRA LARSON, AN INDIVIDUAL, 22 Defendant. 23 24 Defendants’ Motion for Judgment on the Pleadings as to Plainbtiff’s Third Amended 25 Complaint was heard on February 24, 2021 at approximately 9:30 am. 26 Thomas Dimitre appeared on behalf of plaintiff Teresa Randolph. 27 Deputy Attorney General, Jerry Deschler, appeared on behalf of defendants Board of 28 Trustees of the California State University, which is the State of California acting in its higher 1 Order (19CVO 1226) Electronically Filed l education capacity (erroneously sued as “Trustees of the California State University, State of 2 California”), Cynthia Daley, and Debra Larson. 3 The Court hereby rules on Defendants’ Motion for Judgment on the Pleadings as to 4 Plainbtiff’s Third Amended Complaint as follows: 5 The tentative ruling is adopted, as follows: Pursuant to Butte County Superior Court Local 6 Rule 3.11(b), the Court refuses to consider the Plaintiff‘s untimely opposition. Defendants' motion 7 for judgment on the pleadings is granted in part and denied in part. As to the eighth cause of 8 action (Wrongfill Termination/Constructive Discharge/Retaliation in Violation of Statute), the 9 motion for judgment on the pleadings is granted without leave to amend on the grounds that 10 Government Code section 815 bars common law Tameny claims and the Third Amended 1 1 Complaint does not set forth any independent basis to bring such common law claims. As to the 12 eleventh cause of action (Defamation), the Court finds that Plaintiff has satisfied the Government 13 Tort Claims Act and that the facts in the claims form coincide with the allegations in the 14 complaint. However, Plaintiff has failed to cure the pleading deficiencies with regard to her claim 15 against Defendant Larson, and as to Defendant Larson, the motion for judgment on the pleadings 16 is granted without leave to amend. In all other respects, the motion is denied. l7 IT IS SO ORDERED. 18 19 Dated: March 3., 2021 The Honorable Stephen E. Benson 20 21 22 23 24 25 26 ‘ 27 28 Order (19CV01226) DECLARATION OF SERVICE BY U.S. MAIL Case Name: Teresa Randolph v. Trustees of the California State University, et al. Case No.: 19CV01226 I declare: I am employed in the Office of the Attorney General, which is the office of a member of the California State Bar, at which member's direction this service is made. I am 18 years of age or older and not a party to this matter. I am familiar with the business practice at the Office of the Attorney General for collection and processing of correspondence for mailing with the United States Postal Service. In accordance with that practice, correspondence placed in the internal mail collection system at the Office of the Attorney General is deposited with the United States Postal Service with postage thereon fully prepaid that same day in the ordinary course of business. On March 2, 2021, I served the attached ORDER by placing a true copy thereof enclosed in a sealed envelope in the internal mail collection system at the Office of the Attorney General at 1300 I Street, Suite 125, P.O. Box 944255, Sacramento, CA 94244-2550, addressed as follows: Thomas Dimitre, Esq. PO Box 801 Ashland, OR 97520 Attorney for Plaintiff I declare under penalty of perjury under the laws of the State of California and the United States of America the foregoing is true and correct and that this declaration was executed on March 2, 2021, at Sacramento, California. Natalie Y. Quinonez Declarant Signature SA2019102196 34868546.docx