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The Long Awaited Demurrer Hearing

  • Writer: Nathan Caracter
    Nathan Caracter
  • Apr 2, 2025
  • 2 min read

Admittedly, that's a little harsh to say that judges have bias against those who can't afford attorneys. More accurately, I suppose I would say that judges, being lawyers themselves once upon a time, have a bias for parties who are represented....


But What Happened??

The judge incorrectly stated my argument, because defense incorrectly stated my argument. The Student Handbook state(d)

  1. "Once the grade for a course has been reported to the Registrar by an instructor, that grade may not be changed absent a mathematical error or other mistake which does not constitute a re-evaluation or change in a judgmental decision. " and later goes on to say,

  2. "This number is then converted to the corresponding grade point on the new grade scale."


Defense went on to claim that I am arguing that the school converted the grades, which it is plainly allowed to do in the Student Handbook. Not the case. I am arguing that the school changed the grades when they converted them.


What's the Difference??

That's the point, isn't it? The judge, when I tried to explain it to him, said he thought "changed" and "converted" had the same meaning. YES!! A judge tried to tell me that in a contract, with seemingly conflicting terms, two different words are going to have the same meaning. Bullshit. He had a busy morning and didn't want to deal with a pro per plaintiff. Regardless, if a contract contains ambiguities to interpretation, WHICH I CONTENDED, a demurrer will not sustain. Hayter Trucking, Inc. v. Shell Western E&P, Inc. (1993), 18 Cal. App. 4th 1. The judge, I'm sure, was well aware if that rule, assumed I wasn't, and sustained the demurrer anyway.


This is what I mean when the judges have extreme bias. A judge NEVER would have pulled this shit on an attorney.


So, What's Your Argument, Then?

Think of it this way:

Let's say...

  • Professors grade you from a scale of 0-100

  • The Registrar's office will convert the professors scores into a 0-10 GPA range.

  • I get a 70 in all 3 of my classes, each worth 3 credits


So, if I end up at the end of the day with a 7.0 GPA, the school has merely converted my grades.

If I end up with a 6.0 GPA, then the school has both converted and changed my grades. This is exactly what happens at CWSL. This is what I'm arguing goes against CWSL's policy of not changing the grades. But CWSL argued, and the Court believed them, that I was saying that CWSL was converting grades against policy. I NEVER CLAIMED THAT! It makes you wonder if the judge even bothered to READ my papers!


It really sucks that we live in a society where ALL of us are required to obey these laws, but if conflicts arise, the only ones who have an equal chance of success are those wealthy enough to be represented in court.


So, really, fuck you, Cal Western. Fuck you, for your shady ass admission practices, for preying on minorities, and for having the audacity to state that you seek to train ethical attorneys, yet your own attorneys are unethical as fuck. Cal. Rules of Prof'l Conduct, Rule 3.3

 
 
 

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