California Court of Appeal

Order sustaining defendant's demurrers to plaintiff's second amended complaint (SAC) is affirmed where: 1) as a matter of law plaintiff could not sustain a cause of action under the Higher Education Act (HEA); 2) plaintiff's briefs did not meet his burden on appeal by indicating how plaintiff's complaint could be amended to avoid bringing suit on the HEA; and 3) the trial court did not abuse discretion in granting the demurrers to plaintiff's SAC without leave to amend.

Appellate Information

• Decided 12/01/2008
• Published 12/01/2008

Judges

• RUVOLO, P.J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Turner Litigation Services, Stephen Turner Davies, Eureka, in pro. per., Murphy Austin Adams Schoenfeld LLP, Jay Scott Alexander and John E. Fisher, Sacramento, for EdFund.


• For Appellees:
  
• Law Offices of Miriam Hise, Miriam Eliza Hiser, San Francisco, for Defendants and Respondents.