Filed 2/23/ 23 Rassaii v. The Board of Trustees of the Cal. State University CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT
FRED RASSAII, Plaintiff and Appellant,

v.
THE BOARD OF TRUSTEES OF THE CALIFORNIA STATE UNIVERSITY, Defendant and Respondent. H049561 (Santa Clara County Super. Ct. No. 20CV374092)

Plaintiff Fred Rassaii petitioned for writ of mandate challenging the decision of
the Board of Trustees of the California State University (Trustees) to permanently disqualif y him from a graduate program at San Diego State University for failing to meet the program’s GPA requirements

. Rassaii appeal s the trial court’s orders sustaining a
demurrer as to certain c laims and granting judgment on the pleadings as to the remaining

c laims

. Rassaii contends the trial court was incorrect in finding that he failed to comply
with the Government Claim s Act before filing suit for damages and in determining that the Trustees’ decision was not arbitrary or capricious

. Finding no error, we will affi rm

.

I. FACTUAL AND PROCEDURAL BACKGROUND The relevant facts are undisputed. Ra s saii enrolled in the Medical Physics program at San Diego State University in fall 2018 , seeking a Master of Science degree

. A Graduate Bulletin in the record sets out relevant university policies. The u niversity requires a minimum 3.0 GPA in all courses listed on the official Master’s degree program

an d a minimum overall 2.85 GPA

. A student who does not earn at least a 2.85 GPA is2

placed on academic prob a tion

. A student fail ing to achieve a t least a 2.85 term GPA during the first semester on academic probation is disqualified from the university

. A n academically disqualified graduate student c annot attend the university for one full

seme ster, but may apply for r eadmission , which is not guaranteed. In addition to academic disqualification, the policy provide s for administrative disqualification, under
which “the university may recommend that the graduate dean dismiss from the program any graduate student whose pe rformance in a degree, certificate, or credential program is judged unsatisfactory with respect to the scholastic or professional standards of the program other than GPA.” Also filed in the trial court was California State University
Executive Order 1038 , which provides that disqualification of graduate students is subject

to section 41300 , subdivisions (d), ( e ) , and (f) of Title 5 of the California Code of Regulations and campus criteria. Rassaii was placed on academic probation after his first semester in the program
because he failed to earn the minimum 2.85 GPA. When Rassaii’s term GPA and
cumulative GPA remained below 2.85 after the spring 2019 semester (his second semester in the program) , he was academically disqualified from the graduate program. Rassaii sought immediate reinstatement to the program

. The university denied Rassaii’s
req uest because he had neither proposed to sufficiently raise his GPA n or provide d a “solid plan for degree completion

. ” The university suggested that Rassaii instead apply
for readmission the following school year.
Rassaii petitioned for readmission in De cember 2019 for the fall 2020 semester

. Rassaii proposed an academic plan in which he would repeat a course in each of the
fall 2020 and spring 2021 semesters and earn a cumulative GPA of 2.71 and 2.85 in each of those respective semester s

. A n assistant dean notified Rassaii that his proposed plan would not lead to graduation with the minimum required 3.0 GPA. T he assistant dean
indicated he would approve readmission on academic probation and administrative probation , subject to multiple conditions . One condition was that “[u]nder administrative3

probation, your Fall 2020 term GPA must be 3.633 or higher, (assuming you take three graded courses for use on the Program of Study). If the Fall GPA is lower, you would be administratively disqualified without the possibility of readmission.” Rassaii was readmitted in March 2020, subject to those conditions.
Rassaii reenrolled in the graduate program in fall 2020

. He received a 2.56 term
GPA that s emester , resulting in a 2.42 cumulative GPA. Rassaii was then permanently disqualified from the graduate program

. Representing himself, Rassaii sued the Trustees
in December 2020. S tyled as a motion to order the Trustees to take certain actions, the
tri al court and parties treated the filing as a petition for writ of manda te

. The petition allege d that the condition imposing a higher GPA than the 2.85 requirement listed on the
readmission form was arbitrary and capricious, violated the university’s applicable policies , interfered with Rassaii’s prospective economic advantage , negligently and intentionally inflicted emotional d istress, violated his right to education , and that the action was retaliatory. The petition sought an order compelling the Trustees to remove him from administrative probation ; remove the requirement to attain a 3.633 GPA in the
first semester of readmiss ion ; and reverse its decision to permanently disqualify him from the graduate program. The petition requested $10,650,000 in compensatory and punitive damages

. Rassaii did not submit a claim under the Government Claims Act (Gov. Code, § 810 et seq.) with any state entity before filing suit. (Unspecified statutory references are to the Government Code.)
T he Trustees demurred, arguing that the petition failed to state a cause of action because it was barred by the doctrines of claim and issue preclusion i n light of Rassaii’s prior unsuccessful suit. 1 The Trustees further argued that it did not owe Rassaii a

1 Rassaii’s previous suit sought to have section 41300, subdivision (f) of t itle 5 of the California Code of Regulation s declared unconstitutional. There the trial court sustained the Trustees’ demurrer because the complaint failed to state a cause of action, which we affirmed on appeal. ( Rassaii v. Board of Trustees of California State University (June 17, 2022, H048281 ) [nonpub. o pn .].) We take judicial notice of the opinion issued in case No. H048281.4

ministerial duty of reinstatement and that the Government Claims Act barred his claims for monetary relief.
T he trial court sustained the demurrer without leave to amend as to Rassaii’s claims for compensatory and punitive damages , finding that Rassaii had n ot alleged compliance with the Government Claims Act by timely presenting a written claim to the
Trustees , nor had Rassaii actually pres ented such a claim to any state entity

. The court
denied Rassaii leave to amend because the one

- year deadline to present the claim to the Trustees had already expired. (Citing § 911.2.) The court overruled the demurrer as to the balance of Rassaii’s cla ims , reasoning that the issues presented were distinct from those raised in, and therefore were not precluded by, Rassaii’s prior unsuccessful suit

. The court further declined to abate the case pending disposition of Rassaii’s appeal of his prior suit, fi n ding that the two cases asserted different injuries and causes of action. ( Rassaii appeal ed that order , which we dismissed as premature

. T he Trustees thereafter moved for judgment on the pleadings

. T he trial court granted the Trustees ’ motion by written order , denying the entire petition with prejudice.
The trial court concluded it could not order Rassaii’s reinstatement in the graduate program because he “failed to meet [the] minimum grade point average” requirements.
T he court determined t hat the university acted within its discretion when it required a
3.633 term GPA a s a condition for Rassaii’s readmission to the fall 2020 semester because that GPA was necessary to place Rassaii on a path to earn the minimum 3.0
cumulative GPA required to graduate. The court also noted the petition was moot to the

extent Rassaii sought “readmission to a semester which he has already completed and for which he earned a GPA lower than the 2.85 term GPA requirement that he seeks to impose as a remedy.” 2

2 We accept the trial court’s order as ripe for appeal. (See Public Defenders ’ Organization v. County of Riverside (2003) 106 Cal.App.4th 1403, 1409 [ “[A]n order5 II. DIS CUSSION
A. Standard of Review Both issues on appeal are subject to a de novo standard of review. We exercise

“ our independent judgment to determine whether a cause of action has been stated under any legal theory. ” ( Sierra Club v. Department of Parks & Rec reation (2012)
202 Cal.App. 4th 735, 740 [demurrer]; Kempton v. City of Los Angeles (2008)
165 Cal.App. 4th 1344, 1347 [judgment on the pleadings] .) We will affirm if the petition fails to plead an essential element , or if the allegations clearly disclose some defense or bar to recovery. ( Brown v. Crandall (2011) 198 Cal.App. 4th 1, 8.) “In determining these issues, we accept as true all facts properly pleaded or s ubject to judicial notice, but not contentions, deductions, or conclusions of fact or law.” ( Ibid. )
B. The Trial Court Properly Sustained the Demurrer
Rassaii appears to argue that his email communication s to university administrators satisfied the Government Claims Act’s claim presentation requirement.

“ As a general rule, a plaintiff must present a public entity with a timely written claim for damages before filing suit against it. [Citation.] If a complaint does not allege facts showing that a claim was timely made, or that compliance with the claims statute s is
excused , it is subject to demurrer. ” ( J.M. v. Huntington Beach Union High School Dist. (2017) 2 Cal.5th 648, 652 ; see also §§ 905, 9 45 .4 .) T he purpose of t he claim requirement is “ ‘to provide the public entity sufficient information to enable it to adequately investigate claims and to settle them, if appropriate, without the expense of litigation.’ ” ( Stockett v. Association of Cal. Water Agencies Joint Po wers Ins. Authority (2004) 34
Cal.4th 441 , 446 .)

granting or denying a petition for an extraordinary writ constitutes a final judgment for purposes of an appeal, even if the order is not accompanied by a separate formal judgment.” ].) We deny Rassaii’s requ est for judicial notice , as the subject documents are already in the record on appeal or were created after the events at issu e.6

C laims for personal injury or property damage must be presented within six months of accrual, and all other claims must be presented within one year of accrual. ( Andrews v. Metropolitan Transit System (202 2) 74 Cal.App.5th 597 , 604 ; § 911.2,
subd (a)

. ) A claim must include , among other things , the claimant’s mailing address, a description of the injury or damage incurred, whether the claim would be a limited civil case, and the amount claimed if less than $10,000. (§ 910.) T he doctrine of substantial compliance may validate a deficient claim “if it substantially complies with all of the

statutor y requirements ... even though it is technically deficient in one or more particulars.” ( Santee v. Santa Clara County Office of Education (1990)
220 Cal.App.3d 702, 713.) But substantial compliance “cannot cure total omission of an
essential element from the claim or remedy a plaintiff ’ s failure to comply meaningfully with the statute.” ( Loehr v. Ventura County Community College Dist. (1983)
147 Cal.App.3d 1071, 1083 .)
Rassaii relies on email communications he sent to university professors in August 2019

. Those communications did not substantially comply with the Government
Claims Act. They relate not to his fall 2020 readmission or December 2020 permanent disqualification , but rather to his efforts to be immediately reinstated in August 2019.
T hey do not describe the injuries Rassaii seeks to redress in this action. Nor do they provide an address for contact by mail, specify the amount of damages sought, or indicate
whether the claim would be a limited civil case

. Importantly, the communications were
made to university professors rather than to the Trustees’ or even the university’s designated agent. (See §§ 910, 915, subd. (a)(1)

– (2), 935.9; Wood v. Riverside General Hosp ital (1994) 25 Cal.App.4th 1113, 1118.) Though Rassaii stat ed in one email that he would “pursue the matter through other avenues,” that language was inadequate to p ut the Trustees on notice that Rassaii would commence litigation. (Compare Simms v. Bear Valley Community Healthcare Dist

. (2022) 80 Cal.App.5th 391, 401

– 402 [letter communicating that plaintiff “felt he had compensable claims” and that expressly7

threatened litigation, while an incomplete claim, was sufficient to trigger duty to provide notice of the insufficiencies.].)
Rassaii has not asked on appe al for leave to amend his complaint, nor
demonstrate d a reasonable possibility that an amendment would cure the defects that
caused the demurrer to be sustained. ( Smith v. BP Lubricants USA Inc. (2021)
64 Cal.App.5th 138, 145.)
C. The Trial Court Properly Gr anted Judgment on the Pleadings We interpret the trial court’s order granting the Trustees’ motion for judgment on the pleadings as finding the petition moot as to Rassaii’s request to be readmitted to a semester that had already ended. As for Rassaii’s request to be reinstated (which we interpret as a challenge to his permanent disqualification), the trial court concluded it could not order Rassaii’s reinstatement in the graduate school program because he “failed to meet [the] minimum grade poi nt average” requirements. Regarding mootness, Rassaii’s petition asked the court to “reinstitute the GPA of
2.85 for the first semester after readmission and cumulative GPA of 2.85 at the end of the second semester after readmission.” But Rassaii was a llowed to return to the graduate school in the fall 2020 semester, and earned only a 2.56 term GPA. Because the petition requested relief for a semester that had already occurred

— and for which Rassaii earned
below even his own proposed minimum GPA

— the tri al court properly concluded the petition was moot as to that claim. As to Rassaii’s permanent disqualification, “[t]here is a widely accepted rule of judicial nonintervention in the academic affairs of schools.” ( Paulsen v. Golden Gate University (1979) 25 Cal.3d 803, 808; see also Perez v. Hastings College (1996)
45 Cal.App.4th 453.) We will overturn a university’s decision only where we conclude it is arbitrary or capricious, not based on academic criteria, and the result of irrelevant or
discriminator y criteria. ( Banks v. Dominican College (1995) 35 Cal.App.4th 1545, 1551 ( Banks ) .)8

The university was under no obligation to reinstate Rassaii following his disqualification. Contrary to Rassaii’s belief, the California Constitution does not create

a c onstitutional right to a university education . ( Levi v. O’Connell (2006)
144 Cal.App.4th 700, 708 [“the common schools of California under section 5 [of article IX of the California Constitution] are the schools that provide what has become known as grade s K through 12

. [

... ] Colleges and universities are not included.”] .) A decision to reenroll a previously disqualified university student is discretionary. “ A student disqualified for scholarship deficiency may not enroll in any regular session of the [California State University] campus without permission from the appropriate campus authority, and may be denied admission to other educational programs operated or sponsored by the campus .” (Cal. Code Regs., tit. 5, § 41300.) As stated more plainly in the university’s policies: “Readmission to the university is NOT automatic.” Having exercised its discretion to r einstate Rassaii, the university was permitted to impose condition s t o ensure he would graduate with the required minimum GPA

. State regulations require graduate student s at a state university to maintain a cumulative GPA
of at least 3.0 or be subject to academic probation. (Cal. Code Regs., tit. 5, § 41300, subd. (d) .) If placed on academic probation, a graduate student is subject to disqualification if he or she “fails to earn sufficient grade points to be removed from probationary status.” ( Id. , at subd. (f).) The university’s policies are cons istent with
those regulations, requi ring student s in a Master’s degree program to maintain a GPA of
at least 3.0 in the degree program and a n overall GPA of at least 2.85. The GPA condition the university imposed here

— earn a GPA of at least 3.633 in the first semester following reinstatement or be permanently disqualified

— was based on the foregoing academic criteria. Th e identified minimum GPA was necessary for Rassaii

to r aise his cumulative GPA to the 3.0 required by state regulations and university policy

to remain enrolled and progress toward a degree in his graduate program. Because the condition was based on academic criteria and was clearly communicated to Rassaii9

be fore he was reinstated, it was n either arbitrary n or capricious. (See Banks , supra , 35 Cal.App.4th at p. 1551.) And because Rassaii failed to comply with the conditions placed o f his readmission, the university’s decision to permanently disqualify him wa s likewise not arbitrary or capricious. (See also Cal. Code Regs., tit. 5, § 41300.1 [“graduate student

... may be disqualified by appropriate campus authorities for unsatisfactory scholastic progress regardless of cumulative grade point average or
progre ss points ”].) Rassaii’s remaining contentions have been forfeited . He asserts the university imposed specific readmission conditions in retaliation for his complaints about the university’s handling of financial aid disbursements. Rassaii forfeited th at issue by failing to support it with reasoned argument in his appellate briefing . ( Sviridov v. City of San Diego (2017) 14 Cal.App.5th 514, 521. ) As for his poor academic p erformance being due to indigency and the COVID

- 19 pandemic , he forfeited those arguments by raising them for the first time on appeal. ( Santa Clara Waste Water Co. v. Allied World
National Assurance Co. (2017) 18 Cal.App.5th 881, 888.)
III. DISPOSITION
The trial court’s orders of June 14, 2021 and October 18 , 2021 are affirmed. In the interest of justice, each party shall bear its own costs on appeal.____________________________________ Grover, J.

WE CONCUR:

____________________________ Greenwood, P. J.

____________________________ Wilson, J.

H049561

- Rassaii v. The Board of Trustees of the California State University