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Regents of University of California v. Superior Court of Alameda County1/30/2002
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
I. INTRODUCTION
Plaintiff Jonathan Rui (Rui) alleges that the Regents of the University of California (the Regents) and several individuals affiliated with the Regents (jointly, petitioners) discriminated against him and intentionally caused him emotional distress by denying him admission to Boalt Hall School of Law (Boalt). The trial court sustained demurrers to some of Rui's claims but overruled petitioners' demurrer to Rui's cause of action alleging intentional infliction of emotional distress. Petitioners seek a writ of mandate directing the trial court to sustain their demurrer to plaintiff's emotional distress claim.
We hold that Rui's complaint does not state a cause of action for intentional infliction of emotional distress as a matter of law. We therefore grant the petition for writ of mandate.
II. FACTS AND PROCEDURAL BACKGROUND
On April 12, 2001, Rui filed a complaint for damages and injunctive relief against the Regents, Boalt's current and former Deans, John Dwyer and Herma Hill Kay, its Associate Dean, Jan Vetter, its Director of Admissions, Edward Tom, and several doe defendants. Rui alleged the following facts: Rui applied to Boalt in January 2000 and received written notification that his admission was denied on April 1, 2000. In July 2000, Rui requested that defendants reconsider his application because he was under the impression that defendants had failed to consider the impact of his disability (obsessive compulsive disorder) when calculating his eligibility for admission. On July 28, 2000, Rui received a letter from defendants informing him that his request for reconsideration was denied. According to Rui, defendants have an "unwritten quota/policy regarding the limitation of the quantities of persons who are identified as applicants with Asian ancestry." Rui would have been admitted to Boalt "but for his Asian ancestry."
Rui attempted to allege causes of action for (1) discrimination in violation of article 1, section 31, of the state Constitution; (2) discrimination in violation of article 1, section 7, of the state Constitution; (3) discrimination in violation of Government Code section 11135; (4) intentional infliction of emotional distress; and (5) injunctive relief.
The individual defendants demurred to Rui's first cause of action for discrimination. All of the defendants demurred to Rui's second and third causes of action for discrimination, his fourth cause of action for intentional infliction of emotional distress and his fifth cause of action for injunctive relief.
On August 29, 2001, a hearing on the demurrers was held before the Honorable Demetrios P. Agretelis. Thereafter, the trial court sustained without leave to amend (1) the individual defendants' demurrer to the first cause of action, (2) the demurrer to the second cause of action as to the individual defendants only, (3) all of the defendants' demurrer to the third cause of action, and (4) all of the defendants' demurrer to the fifth cause of action. However, the trial court overruled the demurrer to the fourth cause of action for intentional infliction of emotional distress.
Therefore, according to the trial court, Rui successfully alleged two causes of action against the Regents for discrimination and one cause of action against both the Regents and the individua
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