| This case involved claims for subvention by community college districts pertaining to 27 Education Code sections and 141 regulations. The regulations includes “minimum conditions” that, if satisfied, entitles the community college districts to receive state financial support. As to the minimum conditions, the Commission on State Mandates generally determined that reimbursement from the state qA not required because, among other things, the state did not compel the community college districts to comply with the minimum conditions. Coast Community College District, North Orange County Community College District, San Mateo County Community College District, Santa Monica Community College District, and State Center Community College District (the Community Colleges) filed a petition for writ of mandate challenging the Commission’s decision. The trial court denied the petition and entered judgment, and the Community Colleges appealed. The Court of Appeal concluded the minimum condition regulations imposed requirements on a community college district in connection with underlying programs legally compelled by the state. The Court surmised the Commission was. Suggesting the minimum conditions were not legally compelled because the Community Colleges were free to decline state aid, but the Court concluded that argument was inconsistent with the statutory scheme and the appellate record. Based on a detailed review of the statutes and regulations at issue, the Court reversed judgment with regard to Cal. Code Regs., tit. 5, regs. 51000, 51006, 51014, 51016, 51018, 51020, 51025, 54626, subdivision (a), 55825 through 55831, regulation 55760 in cases involving mistake, fraud, bad faith or incompetency, and the Handbook of Accreditation and Policy Manual. The Court affirmed as to Education code sections 66738, subdivision (b), 66741, 66743, 78210 through 78218, paragraphs 2, 4 and 5 of section 66740, the portion of regulation 51008 dealing with education master plans, regulations 51024, 54626, subdivisions (b) and (c), 55005, 55100, 51012, 55130, 55150, 55170, 55182, 55205 through 55219, 55300, 55316, 55316.5, 55320 through 55322, 55340, 55350, 55500 through 55534, 55600, 55602, 55602.5, 55603, 55605, 55607, 55620, 55630, 55752, 55753, 55753.5, 55758.5, 55761, 55764, 55800.5, 55805, 55806, 55807, 55808, 55809, 58102, 58107, 58108, 59404, the portion of regulation 55000 et seq. relating to community service classes, and pages A-1 to A-54 of the Chancellor’s Program and Course Approval Handbook. The matter was remanded for further further proceedings on additional challenges. |
| Plaintiff alleged that defendants interfered with her relationship with her mother, Lucy, by unduly influencing Lucy and distorting her understanding and perception of plaintiff such that Lucy would fully reject and exclude plaintiff from her life. Plaintiff further alleged that she suffered emotional harm from the deprivation of the society, care, and affection of her mother. The Court of Appeal agreed with the trial court that plaintiff's allegations failed to state a cause of action for intentional interference with parental consortium. The court explained that the Legislature amended the Civil Code to omit a cause of action for parental abduction, including by persuasion or enticement, and to bar claims for alienation of affection. In line with case precedent, the Legislature thereby removed from California law the right of action asserted by plaintiff. In this case, it was immaterial that plaintiff asserted her claims under multiple theories, including intentional infliction of emotional distress, loss of parental consortium, elder abuse of plaintiff, and false light invasion of privacy, because all were based on allegations that defendants turned Lucy against plaintiff, and all harms flowed from Lucy's severing ties with plaintiff. Finally, the court held that the trial court did not abuse its discretion by denying a continuance. Accordingly, the court affirmed the judgment. |
