Berry

Berry v. Pope Valley Union Elementary School District CA1/3

Good Law
Court of Appeal of CaliforniaJune 2, 2025A171352California2,884 words

Opinion

Opinion

Guez, J.

BACKGROUND

The relevant history is set forth in our prior opinion, which we incorporate here by reference. (Berry v. Pope Valley Union Elementary School District (Oct. 10, 2023, A165592) [nonpub. opn.] (Berry).) We briefly summarize the facts and provide additional details below. Berry filed a complaint against defendants, alleging claims arising out of his termination as a substitute teacher. (Berry, supra, A165592.) After 1 several demurrers, he filed a third amended complaint alleging malicious prosecution and undue influence against the District, and defamation, whistleblower retaliation, due process violations, equal protection violations under 42 United States Code section 1983, and abuse of process against both defendants. (Berry, supra, A165592.) Defendants moved to strike the claims under the anti-SLAPP statute. (Ibid.) The trial court struck the complaint against the District, and all claims against the NCOE except for the whistleblower claim. (Ibid.) It awarded the District and NCOE $8,507 and $5,494.50 in attorney fees, respectively. (Ibid.) Berry appealed the order. We reversed as to his procedural due process and equal protection claims, vacated the attorney fee…

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