Gutkin

Gutkin v. University of Southern California

Good Law
101 Cal. App. 4th 967·125 Cal. Rptr. 2d 115·2002 Cal. App. LEXIS 4618·2002 Daily Journal DAR 10364·2002 Cal. Daily Op. Serv. 8265
Court of Appeal of CaliforniaSeptember 9, 2002B152707California4,602 words

Opinion

Opinion

Todd, J.

Appellant Eugene Gutkin brought a civil action for damages to challenge the revocation of his tenure and termination of his employment as a tenured professor of mathematics at the University of Southern California (the University). He appeals the trial court’s orders dismissing individual defendants, sustaining demurrers to five of his seven causes of action without leave to amend, and his own dismissal of the remainder of the complaint. Gutkin also appeals the trial court’s orders compelling further responses to discovery and production of documents and for monetary sanctions, denying his ex parte application for modification and postponement of the discovery orders, and denying his motion for leave to amend the complaint. We affirm the judgment. We hold that the trial court properly sustained respondents’ demurrers, and did not abuse its discretion in denying leave to amend because Gutkin failed to challenge the University’s tenure and grievance procedure by way of administrative mandamus. We further hold that Gutkin is not entitled to appellate review of his voluntary dismissal of the action or the trial court’s postdemurrer orders compelling further production of…

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