Judge: Martha K. Gooding, Case: 2022-01243638, Date: 2022-09-12 Tentative Ruling

1) Motion for Judgment on the Pleadings

2) Motion for Judgment on the Pleadings

3) Status Conference

The Motion by Defendant/Respondent Orange County Board of Education (the “Board”) for judgment on the pleadings is GRANTED with 30 days leave to amend.

The Board contends it is entitled to judgment on the pleadings with respect to the claims asserted in the Complaint by Petitioner/Plaintiff Michael Sean Wright (“Petitioner”) for several reasons, including that Petitioner’s claims are barred because quo warranto is the exclusive remedy for judicial actions seeking to remove a public official from office.

As further explained in the Court’s prior ruling on Petitioner’s motion for preliminary injunction, “the Court agrees quo warranto is Petitioner’s exclusive remedy.” (ROA 60—03/09/2022 Minute Order.) Although Petitioner eventually brought such an action, as the Relator, in the related case of Wright vs. Orange County Board of Education, No. 30-2022-01243638 (which has since been dismissed), the claims brought in Petitioner’s individual capacity, in this action, fail as a matter of law. Thus, the Board is entitled to judgment on the pleadings. (Code Civ. Proc. § 438(c)(1)(B).)

Further, Petitioner has not met his burden of showing how he could amend his current claims to state a valid cause of action.

Nevertheless, Petitioner has asked for leave to amend to state a claim for violation of the Ralph M. Brown Act (Government Code section 54950 et seq.). As the Board points out, the proposed claim appears to be barred by the statute of repose. However, the Court cannot render a conclusive determination at this juncture. Thus, the better course is to allow the amendment and to test the sufficiency of the amended pleading by appropriate motion. (Kittredge Sports Co. v. Superior Court (1989) 213 Cal.App.3d 1045, 1048, citation omitted.)

In light of the foregoing, Petitioner’s Motion for Judgment on the Pleadings is DENIED.

The Board is ordered to give notice.