Search This Blog

Monday, January 11, 2016

Park v. Board of Trustees: Cal. Supreme Court Grants Review of Discrimination Case Raising Anti-SLAPP Issues

In Park v. Board of Trustees of the California State University (Cal.App. 8/27/15) (discussed here), the plaintiff alleged that the Board of Trustees of the California State University (CSU) discriminated against him based on his national origin when it denied his application for a tenured faculty position and consequently terminated him. The trial court denied CSU's motion to strike the complaint under CCP 425.16, the anti-SLAPP statute. The Court of Appeal reversed, holding that the plaintiff's allegations arose from the reviews and evaluations given to him in CSU's retention, tenure, or promotion (RTP) proceedings, and that those communications were protected.

The California Supreme Court granted review on December 16. The issue as stated on the Court's web site is as follows:

Does Code of Civil Procedure section 425.16 authorize a court to strike a cause of action in which the plaintiff challenges only the validity of an action taken by a public entity in an "official proceeding authorized by law" (subd. (e) ) but does not seek relief against any participant in that proceeding based on his or her protected communications?
Park is case number S229728, and the Court's web page for it is here. As always, you can request electronic updates on the Court's web site.

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.