Judge: John C. Gastelum, Case: 21-01237499, Date: 2022-10-11 Tentative Ruling

Demurrer to First Amended Complaint (FAC)  

Tentative Ruling:  Defendants The State Bar of California, Anand Kumar, Eli David Morgenstern, and Joy Nunley’s Demurrer to the FAC is SUSTAINED WITHOUT LEAVE TO AMEND.

The court lacks jurisdiction over the claims asserted in the FAC as they are under the exclusive jurisdiction of the Supreme Court of California.  (Bollotin v. California State Personnel Bd. (1955) 131 Cal.App.2d 197, 200 [“A failure, if any, of the State Bar officials to perform their duty in the initiation and conduct of a disciplinary proceeding would not create a cause of action for damages in plaintiff’s favor.  The law does not provide in that manner for the enforcement of the performance of duty by public officers.  It does accord to the individual the right to invoke disciplinary action against an attorney in the Supreme Court, upon a proper showing that ‘The State Bar has arbitrarily failed or refused to grant a hearing on such specific charges, or has arbitrarily failed or refused, after a hearing, to take appropriate action.’”]; Obrien v. Jones (2000) 23 Cal.4th 40, 48 [holding that the Supreme Court of California “retain[s] [its] preexisting powers to regulate and control the attorney admission and disciplinary system, including the State Bar Court, at every step.”]; Sheller v. Superior Court (2008) 158 Cal.App.4th 1697, 1710, as modified on denial of reh’g (Feb. 6, 2008).)

Moving parties to give notice.