Martinez v. Regents of UC 10/7/08 CA3

State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: C054124M

Case Date: 12/29/2008

Preview:Filed 10/7/08

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Yolo) ----

ROBERT MARTINEZ et al., Plaintiffs and Appellants, v. REGENTS OF THE UNIVERSITY OF CALIFORNIA et al., Defendants and Respondents. C054124 (Super. Ct. No. CV052064) ORDER MODIFYING OPINION AND DENYING REHEARING [NO CHANGE IN JUDGMENT]

It is ordered that the opinion filed herein on September 15, 2008, be modified as follows: 1. On page 76, line 5, after the sentence that ends with

the word "invalid" insert the following as a new paragraph: That in-state tuition is conferred by state rather than federal law does not defeat the privileges and immunities claim here, where plaintiffs allege a violation of their rights under federal law, 8 U.S.C. section 1623. 2. On page 76, lines 10 through 14, delete the words "the

parties' other arguments regarding the privileges and immunities clause, including defendants' argument that the clause does not

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apply to the privilege of college attendance conferred by state rather than federal law, and" 3. The paragraph commencing on the bottom of page 83, with

"In summary" and ending at the top of page 84 with "immunities claim" is modified to read as follows: In summary, the demurrer was improperly sustained as to the preemption and privileges and immunities claims, and leave to amend should be granted as to the equal protection claim. These modifications do not change the judgment. The petitions for rehearing of all parties are denied.

SIMS

, Acting P.J.

RAYE

, J.

HULL

, J.

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