Antebi

Antebi v. Occidental College

Good Law
141 Cal. App. 4th 1542·2006 Cal. App. LEXIS 1253·2006 Daily Journal DAR 10798·47 Cal. Rptr. 3d 277·2006 Cal. Daily Op. Serv. 7548
Court of Appeal of CaliforniaAugust 15, 2006B186951California1,683 words

Opinion

Opinion

Epstein, J.

Jason Antebi appeals an order dismissing his lawsuit following sustaining of a demurrer. The suit was against the college where he was disciplined as a student, the members of its governing board, and certain named individuals. He contends the court erred in finding he was limited to judicial review through administrative mandamus pursuant to Code of Civil Procedure section 1094.5 and that he should have been permitted to pursue his civil claims for tort and violation of statute. In the published portion of this opinion, we conclude that the “Leonard Law” (Ed. Code, § 94367 et seq.) does not apply to appellant since he was no longer enrolled as a student when he brought suit. In the unpublished portion of this opinion, we conclude that one of his causes of action, for defamation, is distinct from the disciplinary proceedings and was sufficiently pleaded against the college and one individual, and conclude that in all other respects, the order of dismissal was proper and is affirmed.

FACTUAL AND PROCEDURAL SUMMARY

Antebi entered Occidental College (Occidental) in the fall of 2000 as a full-time student. He graduated from this private institution in 2004. While a student…

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