Wells

Wells v. Board of Trustees of the California State University

Good Law
393 F. Supp. 2d 990·2005 WL 2463727·2005 U.S. Dist. LEXIS 37362
United States District Court, Northern District of CaliforniaOctober 4, 2005C 05-02073 CWCalifornia3,854 words

Opinion

Opinion

Wilken, J.

ORDER GRANTING, IN PART, and DENYING, IN PART, DEFENDANTS’ MOTION TO DISMISS AND MOTION TO STRIKE

Defendants move to dismiss several of Plaintiffs causes of action and to strike Plaintiffs prayer for punitive damages. Plaintiff opposes the motion. The matter was heard on September 30, 2005. The Court having considered all of the papers filed by the parties and oral argument, Defendants’ motion is GRANTED in part and DENIED in part.

BACKGROUND

According to his complaint, Plaintiff David Wells was hired by Humboldt State University in September, 1980 as a track coach on a one-year contract. Wells alleges that it was the custom and practice of the Athletic Department routinely to renew contracts so long as the coach was successful in inter-collegiate competition and demonstrated skills in management, fund-raising and interaction with the community, administration and alumni. Wells claims he far exceeded these standards and, consequently, his contract was renewed each year from 1981 through 2000.

In late 1998 and early 1999, Wells learned that women’s sports were disproportionately funded relative to men’s sports in violation of Title IX. At that time, Wells raised the issue with…

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