Primary Source: Legislative and Litigation Updates from California Justice Center 2/14/25 - 2/28/25

  1. Lively v. Baldoni (SDNY Case No. 24-cv-10049)

Issues: Defamation, extortion, sexual harassment, etc.

Update: Lively filed an amended complaint. Motions to dismiss pending.

  • Lively filed an amended complaint on February 18. Despite suggesting multiple women would come forward with HR complaints against Baldoni, no new witnesses or complainants were named in the amended complaint, and no new evidence was offered.

  • Defendants New York Times, Vision PR and Leslie Sloan moved to dismiss the Baldoni/Wayfarer complaint.

2. Chino Valley Victory on Parental Notification (California v. Chino Valley Unified School District (San Bernardino Case No. CIVSB2317301))

Issues: Parental Notification, AB 1955

Update: The State failed to appeal the final decision in the Chino Valley case, meaning the case is over and Chino’s parental notification policy remains in place.

3. University of California sued for racial discrimination (Zhong v. Regents of University of California (ED CA Case No. 25-cv-00495), Students Against Racial Discrimination v. Regents of University of California (CD CA Case No. 25-cv-00192)

Issues: UC Admissions discriminate based on race in violation of Title VI.

Update: Two new cases filed.

  • Plaintiffs in the two cases allege that the University of California system discriminates based on race when admitting students by giving discriminatory preferences to non-Asian racial minorities.

  • Plaintiffs allege this practice allows applicants with inferior academic credentials to obtain admission at the expense of rejected candidates with better academic credentials.

  • Plaintiffs claim this discriminates against large numbers of Asian-American and white applicants, who are denied admission to UC schools based on their race.

  • Federal law prohibits universities that accept federal funds from discriminating on account of race (42 U.S.C. § 2000d (Title VI); 42 U.S.C. § 1981). The UC system’s use of racial preferences in student admissions violates the clear and unequivocal text of Title VI and 42 U.S.C. § 1981, as well as the Equal Protection Clause of the Fourteenth Amendment.

  • Plaintiffs seek to enjoin these discriminatory practices, and to ensure that the defendants comply with their obligations under federal anti-discrimination laws.

4. Mirabelli v. Olson (S.D. California Case No. 23-cv-0768)

Issues: Forcing school personnel to lie to parents violates 1st and 14th Amendment rights.

Updates: California moves to dismiss, claiming the case is moot. Plaintiffs’ lawyers depose the State and show the controversy is still very much alive.

  • When AB 1955 (prohibiting mandatory notification of parents re: gender change at school) took effect in January, the California Department of Education took down its AB 1266 FAQ guidance.

  • The State then moved to dismissed the Mirabelli case, in which teachers and parents challenge the State’s directive to school personnel to lie to parents about their “gender identity” at school, claiming that the case is now moot because the AB 1266 guidance is not posted on the CDE website.

  • Lawyers for plaintiffs then deposed the State’s witness, who admitted that despite taking down the guidance, the State’s position remains what was stated in the AB 1266 guidance: that children have a constitutional right of privacy from their parents, and that school personnel cannot tell parents the truth about their children absent the child’s consent.

  • I discuss this update with Mirabelli attorney Paul Jonna on the Radio Free California podcast, beginning around 1:21:00.

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Defense of Freedom Institute, California Justice Center File Federal Civil Rights Complaint Against California Department of Education and Multiple School Districts for Title IX Violations

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Primary Source: Legislative and Litigation Updates from California Justice Center (2/4/25-2/13/25)