Hannah Hogoboom Secures State and Federal Appellate Affirmation of Dismissals in Civil Rights Cases Against California University
Hannah Hogoboom of KMS successfully persuaded the California State Court of Appeal to affirm dismissal in favor of University of Southern California (“USC”) in a case brought by a plaintiff alleging causes of action for various civil rights violations and secured an affirmation of the United States Central District Court’s dismissal of Plaintiff’s identical federal action. These lawsuits were Plaintiff’s fifth and sixth lawsuits against USC stemming from the same allegations, namely that Plaintiff was allegedly subjected to surveillance and harassment from 2008-2010 which led to the termination of his graduate studies at USC, interference with his financial aid, an arrest for trespassing, and the issuance of a stay away order against him barring him from entering onto USC property or contacting USC employees.
Ms. Hogoboom filed a demurrer to Plaintiff’s complaint in the state action and a pre-answer motion to dismiss Plaintiff’s complaint in the federal action on grounds that Plaintiff’s claims were barred by res judicata and all applicable statute of limitations.
The United States Central District granted the pre-answer motion to dismiss. The state court sustained USC’s demurrer without leave to amend. Plaintiff appealed these decisions in the Ninth Circuit Court of Appeals and the California State of Appeals, respectively. Ms. Hogoboom represented USC in the federal and state appeals, both of which resulted in affirmation of the trial courts’ dismissals.