Moberg v. Codianne
Appellant Eric Moberg, a self-represented litigant, was hired in 2009 by respondent Monterey Peninsula Unified School District (the District) as a special education teacher for young adult students with severe handicaps. In 2010, the District dismissed Moberg from his position as a probationary certified employee. Moberg filed a complaint against the District and District personnel in which he asserted causes of action for violation of civil rights, retaliation in contravention of public policy, defamation, and intentional infliction of emotional distress. After defendants' demurrers were sustained without leave to amend, except as to the third cause of action for defamation to which the demurrer was sustained with leave to amend, Moberg filed an amended complaint.
The amended complaint was filed without leave of court and included, not only a revised third cause of action, but five new causes of action (causes of action five through nine) and four new defendants. On December 13, 2010, the trial court issued its order (1) granting defendants' special motions to strike the third, fifth and sixth causes of action under the anti-SLAPP statute, Code of Civil Procedure section 425.16[1]; (2) granting defendants' motion to strike new causes of action five through nine and the allegations against the new defendants; (3) denying Moberg's oral motion for leave to amend the third cause of action; (4) determining that as a result of the court's rulings, defendants' demurrers and Moberg's discovery motion were moot; and (5) dismissing the entire action with prejudice.
Comments on Moberg v. Codianne