California Supreme Court Watch

Oct 12, 2020
#20-249 Boermeester v. Carry, S263180.

#20-249 Boermeester v. Carry, S263180. (B290675; 49 Cal.App.5th 682; Los Angeles County Superior Court; BS170473.) Petition for review after the Court of Appeal reversed the judgment in an action for writ of administrative mandate. This case includes the following issue: Does the common law right to fair procedure require private universities to provide for cross-examination of witnesses at a live hearing in the context of allegations of domestic violence?

Review granted: 9/16/2020

See the California Court of Appeal Opinion.

In this case in which review was previously granted, the court ordered the parties to brief the following issues: (1) Under what circumstances, if any, does the common law right to fair procedure require a private university to afford a student who is the subject of a disciplinary proceeding with the opportunity to utilize certain procedural processes, such as cross-examination of witnesses at a live hearing? (2) Did the student who was the subject of the disciplinary proceeding in this matter waive or forfeit any right he may have had to cross-examine witnesses at a live hearing? (3) Assuming it was error for the university to fail to provide the accused student with the opportunity to cross-examine witnesses at a live hearing in this matter, was the error harmless?

Issues ordered limited: 9/30/2020

In this case in which review was previously granted, the court ordered the parties to brief the following issue in addition to those previously specified: What effect, if any, does Senate Bill No. 493 (2019-2020 Reg. Sess.) have on the resolution of the issues presented by this case?

Additional issues ordered: 10/14/2020