McEldowney

MEMORANDUM ORDER ON MOTION TO DISMISS

Failed bar examination applicants are continually looking for ways to bring their grievances to a court other than the admitting authority. This is one of those back-door attempts, plaintiff being a failed applicant for the California bar examination.

BACKGROUND

This is a diversity action against the National Conference of Bar Examiners (NCBE). Defendant does not challenge subject matter jurisdiction, in the sense of lack of diversity of citizenship. Essentially, the complaint alleges that the NCBE prepares and grades the Multistate Bar Examination (MBE). California, among other states, utilizes the MBE on its bar examination and did so on the July, 1991, examination which plaintiff failed.

Plaintiff alleges that his failure was caused by the NCBE assigning as the “correct” answer to “one or more” questions on the examination, an answer or answers different than his own responses. The examination itself is administered by the Committee of Bar Examiners of The State Bar of California (State Bar). After being notified of his failure, plaintiff was permitted by the State Bar to examine the MBE and his answers as scored by the NCBE. He then…