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Case 07-1
Plaintiff is a school district employee who received a negative evaluation. After she filed a grievance, plaintiff and the school district reached a settlement agreement. Under the settlement agreement, the negative evaluation would be removed from plaintiff's personnel file, and the school district would be restricted in its ability to discuss the evaluation in the future with prospective employers. After the settlement, plaintiff unsuccessfully applied for several positions. She believed that the school district impermissibly disclosed the negative evaluation to prospective employers. She sued, among others, the school district. Her complaint alleged breach of contract, defamation, IIED, NIED and fraud.

On demurrer, the IIED and NIED claims were deemed barred by workers' compensation.
On summary adjudication, the breach of contract claim was adjudicated in the district's favor.
On a bench trial, the defamation claim was adjudicated in the district's favor as well.

The appeal is pending in Division 3. Plaintiff's opening brief is due April 4. There is an 11-volume Clerk's Transcript and a 1-volume Reporter's Transcript.


Case 07-2
Plaintiff sued the State Bar of California and a State Bar employee for allegedly refusing to sufficiently accomodate her disabilities when plaintiff took (and failed) the bar exam. She brought suit in LA Superior Court, asserting state and federal claims (including the ADA), but failed to submit a claim under the Government Code before filing suit. The trial court sustained defendants' demurrer without leave to amend, ruling that (1) the Supreme Court has exclusive jurisdiction over matters involving admission to the Bar, citing Smith v. State Bar of California (1989) 212 Cal.App.3d 971; (2) plaintiff failed to file a government tort claim, barring her state law claims; and (3) the State Bar is "immune from suit for failure to certify an applicant for admission."Plaintiff's appeal is now pending in the Second District, division unassigned, with the record scheduled to be filed on or before May 16, 2007.

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