Aрpellant Cassidy Olson appeals from a judgment dismissing his second amended complaint (SAC) against respondents Manhattan Beach Unified School District (MBUSD) and Michael Matthews, Ed. D. The trial court entered the dismissal order
FACTUAL BACKGROUND & PROCEDURAL HISTORY
A. Appellant's Complaint
On August 27, 2015, appellant filed an SAC for damages alleging causes of action for defamation and deceit against MBUSD and its employee, MBUSD Superintendent Matthews. The SAC alleged that appellant was an MBUSD employee who served as a history teacher and head baseball coach for Mira Costa High School. In September 2012, an attornеy representing parents of some players on the Mira Costa baseball team filed a complaint with MBUSD about appellant's alleged " 'abusive behavior, intimidating tactics, bullying and hazing of [players] and ... conspicuous disregard for [player] safety and welfare.' " MBUSD investigated the allegations. At the conclusion of the investigation, on December 1, 2012, the investigators prepared a report summarizing the results.
The investigative report included both positive and negative comments about appellant's behavior. While some players admired and respected appellant, others felt he was too hard on them, shouted too often and created a "culture of fear." The report included quotes from three players. One player stated: " 'There are some players who are out to get Olson. They are making stuff up. They're a little lazy and coaches want them to work harder.' " Another stated, " 'I have a lot of respect for Coach Olson. Best 3 years of basebаll.' " The third player stated: " 'It's like he's a dictator. Can't say anything to him (Olson) or will be punished.' " A parent who accused appellant of abuse and illegal behavior commented that " 'we're not after [Olson's] teaching position - we just want him removed as baseball coach.' " With respect to the abuse allegations, the report noted: "None of the players were able to accurately represent any instances of [a]buse in either a verbal, emotional, mental or physical fоrm by Coach Olson or any of the other coaches. Most of the players stated that there was either no abuse or that they had not witnessed it for themselves. [¶] The few players who believed abuse had occurred described some situations where Coach Olson shouted at them or another player when he was angry or that he left them on the bench...."
In late January 2013, local media outlets reported that appellant was being accused of mistreating baseball рlayers. MBUSD did not refute the story or offer any contrary information. On February 25, 2013, appellant, through his union, Manhattan Beach Unified Teachers' Association (MBUTA), requested that MBUSD make the original report available under the Public Records Act, as he intended to use it to refute the media reports. MBUSD allegedly denied that the report existed.
On March 4, 2013, the attorney for the complaining parents filed a complaint with the commission on teacher credentialing (CTC), asserting that MBUSD had not disciplined appellant properly and that he should be dismissed for " 'unprofessional conduct, dishonesty, unsatisfactory performance, unfitness for service and persistent disobedience and refusal to obey school laws and regulations.' " The CTC initiated an investigation into appellant's conduct, and requested that MBUSD forward " 'any and all documents' related to Olson" for its review. On behalf of MBUSD, Matthews forwarded appellant's file and included the rewritten report instead of the original one. On October 12, 2013, appellant discovered that MBUSD had
The SAC asserted that MBUSD's revision of the investigators' report and its production of the revised report to CTC constituted defamation and deceit. He alleged that the "omitted portions of the investigative report providеd necessary context to refute the charges that OLSON had mistreated players." The rewritten report "cast [appellant] in a negative light" and resulted in "harm and injury to OLSON's business, professional, and personal reputation." Appellant alleged that had the original report been submitted to CTC, "CTC would have taken no action against his credential and that he would have been able to continue teaching History and coaching baseball without any interruption." Appellant further alleged that dеfendants engaged in deceit by "suppressing" the original report. Appellant sought general damages and special damages according to proof.
As to the grievance, the SAC alleged that in accordance with the collective bargaining agreement (CBA) between MBUTA and MBUSD, on March 15, 2014, appellant filed a grievance alleging "violations of the CBA." In the grievance, attached as Exhibit E to the SAC, appellant stated that the alleged grievance occurred on February 5, 2014. The grievance is dеscribed as follows: "The Commission on Teacher Credentialing has taken steps to unfairly discipline me based on faulty information from a non-contractual evaluation. ... Mira Costa Principal Dr. Ben Dale erroneously allowed parents, students, the Athletic Director (a bargaining unit member) and anonymous members of the community to unfairly evaluate my performance on the baseball field. These procedures had a detrimental impact on my employment as a social studies teacher and were used to create a false report of my teaching and coaching practice. Evaluative data coerced from parents, current and former students and other anonymous individuals in this manner is at odds with the evaluative process prescribed in the [CBA] between MBUSD and MBUTA. Because of the District's adoption of the non-contractual evaluation procedures, the parents used the tainted data gathered to malign me to the CTC which is now withholding the renewal of my
The SAC further alleged thаt in August 2014, appellant met informally with Matthews to discuss a settlement. As part of the settlement, appellant requested the MBUSD write a letter to CTC clearing appellant of any wrongdoing. When Matthews refused, appellant responded " 'this is why I have to keep fighting this.' " At the time appellant filed his initial complaint in the instant action (October 10, 2014), the final determination of appellant's grievance was pending an arbitration hearing.
B. MBUSD's Demurrer
MBUSD demurred to the SAC on the ground, among others, that the SAC was devoid of any facts showing that appellant had complied with or was excused from complying with the claim presentation requirements of the Government Claims Act. MBUSD argued that the doctrine of substantial compliance was inapplicable because that doctrine applies only where a claimant attempted to file a claim, but the attempt failed in some technical manner. Here, the SAC did not allege that appellant attempted to file a claim. Rather, it alleged that he filed a grievance, an entirely different document.
MBUSD further argued that the grievance was not a " 'claim as presented,' "
Finally, MBUSD argued that the futility doctrine, which may excuse a litigant from exhausting administrative remedies, did not apply. It noted although Government Code section 905 sets forth exceptions to the claim filing requirement, futility is not listed among those exceptions. Moreover, to demonstrate futility, a plaintiff must show that the agency declared what its ruling would be on a claim. The SAC did not allege any facts shоwing that MBUSD had indicated its predetermined decision to deny any claim appellant might file for damages.
Appellant opposed the demurrer, arguing that the filing of the grievance disclosed sufficient information about his claim against MBUSD. He asserted that his request for "restoration of pay and benefits via mitigation by accepting an assignment to [a] temporary position" was a claim for damages. He further asserted that his comment to Matthews at the August 2014 meeting that he would continue to fight constitutеd notice that he intended to commence litigation.
Appellant further argued that he demonstrated futility because the SAC alleged that his grievance was denied. Additionally, the SAC alleged that MBUSD had multiple occasions to retract or refute unfair and inaccurate statements about appellant, but failed to do so. Thus, appellant asserted, it was clear that his claim against MBUSD would have been denied.
D. Trial Court's Ruling
On March 3, 2016, the trial court sustained MBUSD's demurrer to the SAC without leave to amend. Noting that there was no dispute that appellant had not filed a government claim with MBUSD, the court stated that the "only issues are whether the grievance form filed demonstrates 'substantial compliance' with [Government Code] section 910 ['s] filing requirement, whether the grievance form qualifies as a 'claim as presented,' [and] whether the futility doctrine applies." It ruled that the grievance form did not demonstrate substantial compliance, as it did not put "Defendants ... on notice of any potential lawsuit or causes of action." Rather, the "grievance form is a separate form used by Defendants and is not merely a technical defect on a government tort claim form." The court further ruled that the grievance form did not qualify as a " 'claim as presented,' " as it contained no claim for money damages. Additionally, the court noted, the "grievance form states that Plaintiff is appealing his case with the CTC - suggesting that Plaintiff is pursuing his appeal, not litigation with Defendants." Finally, the court ruled that the futility doctrine was inapplicable, as there were "no facts alleged that a predetermined outcome on Plaintiff's claim had been expressed."
Judgment dismissing the SAC was entered April 8, 2016. Appellant timely appealed.
DISCUSSION
Appellant contends the trial court erred in sustaining MBUSD's demurrer to the SAC. We review a judgment of dismissal entered after an order
Here, MBUSD demurred to the SAC on the ground that appellant failed to comply with the claim presentation requirements of the Government Claims Act. It is undisputed that appellant never filed a claim with MBUSD on a government claim form. " '[F]ailure to timely present a claim for money or damages to a public entity bars a plaintiff from filing a lawsuit against that entity.' [Citation.]" ( City of Stockton v. Superior Court (2007)
A. Substantial Compliance
First, appellant contеnds that his filing of a grievance substantially complied with the claim filing requirements. "Under the doctrine of substantial compliance the court may conclude a claim is valid if it substantially complies with all of the statutory requirements for [a] valid claim even though it is technically deficient in one or more particulars." ( Santee v. Santa Clara County Office of Education (1990)
Even assuming, arguendo, that the grievance could be deemed to constitute a claim, the contents of the grievance do not substantially comply with the requirements of the Government Claims Act. Government Code section 910 enumerates the information that must be included in a government claim. It providеs that the claim "shall show all of the following: [¶] (a) The name and
Appellant's grievance does not contain the address of the claimant, the address where future notices should be sent, the name or names of the public employees who defamed and/or deceived appellant, the dollar amount claimed or whether the claim would be a limited civil case. Moreover, the description of the grievance does not support causes of action for defamation or deceit against MBUSD or its employees. According to the grievance, Principal Dale - who was not named as a defendant in the SAC - erroneously permitted parents, students, the athletic director and anonymous members of the community to "unfairly evaluate" appellant's performance as a baseball coach. That "[e]valuative data" was obtained in violation of the CBA. Some "parents [then] used the tainted data gathered to malign [appellant] to the CTC." Those factual allegations might support a breach of cоntract claim against MBUSD, but they do not support a defamation or deceit claim against MBUSD. In short, the grievance omitted material facts and failed to apprise MBUSD "of the nature of the claim so that it [might] investigate and settle those having merit without litigation." ( Santee , supra ,
B. " 'Claim as Presented ' "
Appellant next contends that the instant matter involved a " 'claim as presented.' " "A 'claim as presented' is a claim that is defective in that it fails to comply substantially with Government Code sections 910 and 910.2, but
Here, the grievance is not a " 'claim as presented' " because it does not disclose the existencе of a claim against MBUSD, which if not satisfactorily resolved, would result in litigation. As noted above, at best, the grievance describes a breach of contract claim involving the "evaluative process," but nowhere does the grievance threaten litigation if the contractual breaches are not remedied. (Compare Schaefer Dixon Associates v. Santa Ana Watershed Project Authority (1996)
Finally, appellant contends he was excused from filing a government claim because it would have been futile, as it was cleаr that MBUSD would deny his claim. Futility is a " 'narrow exception' " to the doctrine requiring exhaustion of administrative remedies. ( Sea & Sage Audubon Society, Inc. v. Planning Com. (1983)
First, appellant has identified no case applying the futility exception to the claim filing requirement. A "futile" claim is not a claim statutorily excepted from the claim filing requirements. (See Gov. Code, § 905 [listing exceptions].)
Moreover, futility is an exception to exhaustion of administrative remedies, but the claim filing requirement is not an administrative remedy. (See Lozada v. City and County of San Francisco (2006)
Finally, application of the futility doctrine would contravene the purposes of the claim filing requirement. The purposes of the requirement arе (1) to provide the public entity with sufficient information to enable it to adequately investigate and settle claims, and (2) to enable the entity to account for potential liabilities and to avoid similar liabilities in the future. ( City of Stockton v. Superior Court, supra,
Even were we to assume the futility doctrine could be applied to excuse noncompliance with the claim filing requirement, the SAC did not allege facts demonstrating futility. (See Sea & Sage Audubon Society, Inc. v. Planning Com. , supra ,
In sum, the trial court properly sustained MBUSD's demurrer to the SAC on the basis that appellant failed to comply with the requirements of the Government Claims Act and that appellant's noncompliance was not excused.
DISPOSITION
The judgment of dismissal is affirmed. Respondent is awarded its costs on appeal.
We concur:
EPSTEIN, P. J.
WILLHITE, J.
Notes
The defense of noncompliance with the Government Claims Act also applies to the claims against Matthews. (See Gov. Code, § 950.2 [ "a cause of action against a public employee or former public employee for injury resulting from an act or omission in the scope of his employment as a public employee is barred if an action against the employing public entity for such injury is barred...." ].)
This report was attached to the SAC.
The revised report also was attached as an exhibit to the SAC. It did not include the quotes from the three players (two favorable, one adverse) or the comment from one of the complaining parents that they were seeking only to have him removed as baseball coach. Nor did it include the investigators' recommendation to retain appellant and counsel him on his demeanor and coaching expectations. However, the report retained the observation that no player was able to "accurately represent any instances of abuse," and that "[m]ost of the players stated that there was either no abuse or that they had not witnessed it." The revised report also retained the conclusion that "claims of abuse are unfounded."
Twenty-two months later, in response to discovery in the instant action, MBUSD provided a copy of the original report to appellant.