On April 19, 2019 a
Order
was filed
involving a dispute between
Randolph, Teresa,
and
Daley, Cynthia,
Larson, Debra,
State Of California,
Trustees Of The California State University,
for (36) Unlimited Wrongful Termination
in the District Court of Butte County.
Preview
Superior Court of California, County of Butte
Minute Order
Randolph, Teresa vs Trustees of the California State University et al 19CV01226
Hearing Type: Motion hearings - Predispo
Defendant's Notice of Motion and Motion for Judgment on the Pleadings as to Plaintiff's
Third Amended Complaint
Hearing Date: February 24, 2021 at 9:00 AM Location: NC-2; Department 6 -
Stephen E. Benson
Heard by: Hon. Stephen E. Benson, Judge Courtroom Clerk: Crystal Tilton
Court Reporter: N/A Court Interpreter: N/A
Appearances:
Cynthia Daley, Defendant, not present Jerry Deschler, Attorney General, present via
CourtCall
Debra Larson, Defendant, not present Jerry Deschler, Attorney General, present
State of California, Defendant, not present Jerry Deschler, Attorney General, present
Trustees of the California State University, Defendant, Jerry Deschler, Attorney General, present
not present
Teresa Randolph, Plaintiff, not present Thomas Dimitre, Attorney, present via CourtCall
Proceedings:
- The Court indicates the nature of the proceedings.
Parties submit on the matter.
The tentative ruling is adopted, as follows: Pursuant to Butte County Superior Court Local Rule 3.11(b), the
Court refuses to consider the Plaintiff's untimely opposition. Defendants' motion for judgment on the pleadings
is granted in part and denied in part. As to the eighth cause of action (Wrongful Termination/Constructive
Discharge/Retaliation in Violation of Statute), the motion for judgment on the pleadings is granted without leave
to amend on the grounds that Government Code section 815 bars common law Tameny claims and the Third
Amended Complaint does not set forth any independent basis to bring such common law claims. As to the
eleventh cause of action (Defamation), the Court finds that Plaintiff has satisfied the Government Tort Claims
Act and that the facts in the claims form coincide with the allegations in the complaint. However, Plaintiff has
failed to cure the pleading deficiencies with regard to her claim against Defendant Larson, and as to Defendant
Larson, the motion for judgment on the pleadings is granted without leave to amend. In all other respects, the
motion is denied. Defendants shall submit a form of Order consistent with this ruling.
19CV01226 Minute Order Page 1 of 1
Document Filed Date
February 24, 2021
Case Filing Date
April 19, 2019
Category
(36) Unlimited Wrongful Termination
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Superior Court of California, County of Butte Minute Order Randolph, Teresa vs Trustees of the California State University et al 19CV01226 Hearing Type: Motion hearings - Predispo Defendant's Notice of Motion and Motion for Judgment on the Pleadings as to Plaintiff's Third Amended Complaint Hearing Date: February 24, 2021 at 9:00 AM Location: NC-2; Department 6 - Stephen E. Benson Heard by: Hon. Stephen E. Benson, Judge Courtroom Clerk: Crystal Tilton Court Reporter: N/A Court Interpreter: N/A Appearances: Cynthia Daley, Defendant, not present Jerry Deschler, Attorney General, present via CourtCall Debra Larson, Defendant, not present Jerry Deschler, Attorney General, present State of California, Defendant, not present Jerry Deschler, Attorney General, present Trustees of the California State University, Defendant, Jerry Deschler, Attorney General, present not present Teresa Randolph, Plaintiff, not present Thomas Dimitre, Attorney, present via CourtCall Proceedings: - The Court indicates the nature of the proceedings. Parties submit on the matter. The tentative ruling is adopted, as follows: Pursuant to Butte County Superior Court Local Rule 3.11(b), the Court refuses to consider the Plaintiff's untimely opposition. Defendants' motion for judgment on the pleadings is granted in part and denied in part. As to the eighth cause of action (Wrongful Termination/Constructive Discharge/Retaliation in Violation of Statute), the motion for judgment on the pleadings is granted without leave to amend on the grounds that Government Code section 815 bars common law Tameny claims and the Third Amended Complaint does not set forth any independent basis to bring such common law claims. As to the eleventh cause of action (Defamation), the Court finds that Plaintiff has satisfied the Government Tort Claims Act and that the facts in the claims form coincide with the allegations in the complaint. However, Plaintiff has failed to cure the pleading deficiencies with regard to her claim against Defendant Larson, and as to Defendant Larson, the motion for judgment on the pleadings is granted without leave to amend. In all other respects, the motion is denied. Defendants shall submit a form of Order consistent with this ruling. 19CV01226 Minute Order Page 1 of 1