Lachtman

Introduction

Shane Lachtman entered the graduate program in the history department (History Department) of the University of California, Irvine (UCI) in the fall of 2001. After his first year, Lachtman was informed of deficiencies in his academic performance and of certain requirements, including improvement in his writing, he needed to meet to advance to the Ph.D. program. In February 2003, three professors in the History Department evaluated Lachtman’s writing, determined it had not improved and was not good enough for the Ph.D. program, and concluded Lachtman displayed limited interest in essential areas outside of his narrow field of academic interest. As a result, the History Department denied Shane Lachtman advancement to the department’s Ph.D. program, and he ultimately received a master’s degree.

Lachtman sued the Regents of the University of California (the University) contending the History Department’s decision violated his due process rights. *192 He also contended the University breached a contract employing him as a graduate student researcher and a contract awarding him a fellowship, and violated his privacy rights by allegedly disclosing his personal…

Citing Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826 [ 107 Cal.Rptr.2d 841 , 24 P.3d 493 ] (Aguilar), the majority sets forth the principles of summary judgment review. I agree with these well-settled principles. I also note the Supreme Court in Aguilar instructs us to consider the evidence and inferences reasonably drawn from the evidence in the light most favorable to the party opposing the *216 motion. (Id. at p. 843.) It is well established that when reviewing a summary judgment motion, “the court may not weigh the plaintiff’s evidence or inferences against the defendants’ as though it were sitting as the trier of fact.” (Id. at p. 856.) But, the court “must nevertheless determine what any evidence or inference could show or imply to a reasonable trier of fact.” (Ibid.)

These rules implicitly recognize that reasonable triers of fact often can read the evidence differently and draw different inferences. As I will explain anon, I conclude from the record before us that Shane Lachtman established disputed issues of material facts as to his claims regarding due process (fourth cause of action). I concur in the majority’s reversal of the summary adjudication of the sixth…

Shane Lachtman entered the graduate program in the History Department of the University of California, Irvine (UCI) in the fall of 2001. After his first year, Lachtman was informed of deficiencies in his academic performance and of certain requirements, including improvement in his writing, he needed to meet to advance to the Ph.D. program. In February 2003, three professors in the History Department evaluated Lachtman's writing, determined it had not improved and was not good enough for the Ph.D. program, and concluded Lachtman displayed limited interest in essential areas outside of his narrow field of academic interest. As a result, the History Department denied Shane Lachtman advancement to the department's Ph.D. program, and he ultimately received a master's degree.

Lachtman sued the Regents of the University of California (the University) contending the History Department's decision violated his due process rights. He also contended the University breached a contract employing him as a graduate student researcher and a contract awarding him a fellowship, and violated his privacy rights by allegedly disclosing his personal information. The trial court granted…