top of page
Search

So, How's That Lawsuit Coming Along?

  • Writer: Nathan Caracter
    Nathan Caracter
  • Aug 21, 2024
  • 2 min read

I don't know what the hell I was thinking that this might be wrapped up in time for me to be reinstated for the Fall 2024 semester. LMAO! I'm not actually sure this will be wrapped up in time for my class's graduation.




UPDATE

Defense counsel and I just had our meet & confer demurrer hearing. I'm not quite sure that's what it's called, but it is that's what it is. C.C.P. § 430. 41 states that both parties must try to resolve whatever causes of action the demurring party is contesting. For those of you who haven't taken California Civil Procedures, a demurrer is like a 12(b)(6) motion. Failure to state a claim. For those of you who aren't in law school....a demurrer is an attack on my complaint. It asks the court to dismiss my claim because I (theoretically) haven't stated anything in my claim that is actionable by law. I can bitch to the court til the cows come home that this red head is wearing pink, and EVERYONE knows gingers shouldn't wear pink...DEMURRER! Yes, yes, I'm right, of course I am! Doesn't mean it's illegal.

We chit-chatted about it. And, of course counsel is planning to demur EVERYTHING in my complaint. Two things were legit, though. 1) The negligence complaint. I forgot learning that you can't put a tort claim onto a breach of contract - or something like that. He couldn't remember exactly what it was, (and I guess neither could I), but I remembered he was right.

2) dismissing Hannah Brenner Johnson from the complaint. I sorta agreed with him on this one. His argument was that I wasn't in a contractual relationship with her and wasn't actionable. I felt though, that since she was acting in her official capacity, blah, blah, blah. But, when I thought about it, it was CWSL that did me wrong and although she was terribly, terribly rude about the whole thing, it's not unlawful to be a See You Next Tuesday, and I was letting that direct me. So. No more HBJ in the lawsuit. Maybe that will lift the Orwellian Security Limitations instituted by CWSL. I hope so, you guys (and girls).

So, I'm just waiting for CWSL to file their demurrer against my breach of contract claims. Which sucks, cuz I'm kind of an impatient person (no, really!?), so I assume it will get filed on day 30, the last day to file a response to my complaint, and I'm sure they'll schedule the hearing for the maximum 35 days out. Which means, somewhere around Halloween, assuming the judge doesn't dismiss my case, I will finally have an answer from Cal Western regarding my complaint against them.

Which, when you think about it, is kinda ridiculous. It's all I really wanted since May. Just to address what I saw was an irregularity in the grading procedures and how they explain it. <sigh> I'll keep you updated.

 
 
 

4 Comments


Meela Hatoon
Aug 27, 2024

I see CWSL has issued new grading policies for the 24-25 school year. They also didn’t inform the students. They just put it in the handbook which is no longer available on the website; it’s only on the student portal.

Like
Nathan Caracter
Nathan Caracter
Aug 28, 2024
Replying to

Honestly, I couldn't be happier!

Like

©2020 by Caracter Study. Proudly created with Wix.com

bottom of page