Nature of Proceedings: Demurrer

Tentative Ruling: The court sustains respondent Regents of the University of California’s demurrer to the second cause of action for declaratory relief in petitioner John Doe’s petition without leave to amend.

Background: Petitioner John Doe filed his petition for writ of mandamus and declaratory relief. He alleges that respondent The Regents of the University of California improperly sanctioned him with a three-year post-graduation suspension. He contends that respondent issued improper administrative findings and decisions made by a single investigator without a live evidentiary hearing, without providing all the evidence and witness names, without any opportunity to question the complainant or adverse witnesses, and without providing any reasonable opportunity for petitioner to present a defense.

Demurrer: Respondent demurs to the second cause of action for declaratory relief on the ground that it fails to state a claim because administrative manda