Katzberg

Katzberg v. Regents of University of Cal.

Good Law
105 Cal. Rptr. 2d 586·88 Cal. App. 4th 147
Court of Appeal of CaliforniaJuly 18, 2001C035456California5,520 words

Opinion

Opinion

MORRISON, Acting P.J.

Plaintiff Richard W. Katzberg was removed from his position as chair of the Department of Radiology (the Department) at the University of California Davis Medical Center (University) as the result of an investigation into financial improprieties in the department. Katzberg sued the Regents of the University (Regents) and certain University officials for violation of his liberty interest by stigmatizing his name in terminating him and breach of the covenant of good faith and fair dealing. The trial court granted the Regents' demurrer to the contract claim and motion to strike injunctive relief, damages and attorney fees. The court found the remaining cause of action for violation of due process was moot as Katzberg's only remedy was a name clearing hearing that the Regents had already offered. Katzberg appeals, contending the court erred in granting summary judgment as the Regents' proposal for a name clearing hearing three and a half years later did not remedy the due process violation, damages were available, and the charges against him were constitutionally stigmatizing. He further contends it was error to sustain the demurrer to his contract claim and an…

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