Tiffany

Plaintiff Ellis L. Tiffany filed a complaint for declaratory relief in Kern County Superior Court against defendants Sierra Sands Unified School District (hereinafter District) and the governing board of District (hereinafter Board). Defendants District and Board answered the complaint, setting forth various affirmative defenses, including failure to state a cause of action. At the beginning of trial, defendant District moved for judgment on the pleadings. Following oral argument on the motion, the trial court denied the defense motion without prejudice to its being renewed at a later date. Certain evidence was then presented by plaintiff as support for his cause of action. After listening to the testimony presented on behalf of plaintiff, the court permitted counsel for both parties to submit briefs in the event that defendant District renewed its motion for judgment on the pleadings.

Thereafter, defendant District renewed its motion for judgment on the pleadings by a letter to the court. The trial court granted the defense motion, ordering “that judgment be granted for defendants; that this action be, and the same hereby is, dismissed with prejudice; plaintiff is to…