California Court of Appeal

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Speilman v. Ex'Pression Ctr. for New Media, A122357

In plaintiffs' suit against defendant-private postsecondary educational institution, which offers courses in sound arts, digital visual medial, and Web design and development, for violation of Education Code former sections 94312, 94832, and 94875, as well as various other causes of action, claiming that defendant made certain misrepresentations to them, including that it would soon be nationally accredited, that they would graduate from the school with degrees from a nationally accredited institution, that their degrees and credits would be transferable to other accredited institutions, judgment of the trial court is reversed in part, affirmed in part and remanded where: 1) defendant's argument that plaintiffs' claims have been abated by the repeal of the Reform Act, including section 94877, effective January 1,2008 is rejected; 2) there is nothing in the statutes under consideration that would invite or countenance the addition of elements that are not contained in the plain language, particularly where the law expressly states that the remedies provided supplement, but do not supplant, the remedies provided under other provisions of law; 3) the trial court properly sustained the demurrer to the first cause of action of the second amended complaint as to the demurrer plaintiffs; and 4) because there is sufficient evidence to support the conclusion that the directed verdict plaintiffs owed the disputed amounts to defendant, trial court properly denied plaintiffs' motion for directed verdict.

Appellate Information

  • Decided 12/30/2010
  • Published 12/30/2010

Judges

  • RIVERA

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Daniel A. Grout, Keith Zakarin

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