Ryan v. California Interscholastic Federation

Opinion

These appeals involve a multifaceted legal controversy that arose after Australian John Ryan, in August 1997, came to America to repeat the 12th grade at Rancho Buena Vista High School (RBV) and to participate in its basketball and football programs, but was later declared ineligible to participate in extracurricular California Interscholastic Federation (GIF) athletics. After exhausting his administrative remedies, Ryan successfully petitioned for a writ of mandamus requiring GIF, California Interscholastic Federation-San Diego Section; and San Diego Section Commissioner Jan Jessop (collectively CIF-SDS) to rescind their ineligibility rulings and to permit him to participate in athletics. He was also awarded

In spring 1997, Robert Ryan, John’s father, telephoned David Moe, an assistant basketball coach at the University of Colorado who had recruited Steven, seeking recommendation of a high school that had good football and basketball programs. Later, after recruiting an RBV basketball player, Moe spoke with RBV basketball coach John O’Neill regarding the football program. O’Neill responded that it was a good program. Moe then highly recommended RBV, declaring that San Diego and its climate were similar to Sidney and Australia. Robert Ryan then initiated his son’s admission to RBV by contacting the principal’s office, which transferred him to Coach Bell. RBV counselor’s office handled the transfer, as counselor Frank Donez coordinated the matter with St. Gregory’s. He was accepted without any restrictions and eventually obtained a diploma from RBV in June 1998. Coordinated by Coach Bell, arrangements were made for Ryan to live with RBV assistant football coach Don Thomason during his stay.

In response to RBV principal Alan Johnson’s August 28th letter requesting athletic eligibility for Ryan, CIF-SDS Commissioner Jessop interviewed Ryan and then, on September 9, denied the eligibility request on the following grounds:

“a. John Ryan has already completed eight semesters of school beyond his initial enrollment in the ninth grade. Our rules do not permit our own students to exceed the eight semester rule without a documented hardship. John Ryan indicated he has suffered no hardship in the past four years. Our

“b. As a student in this country on an 1-20 visa, John is subject to the same basic transfer rule as any other student. If he transfers schools without a corresponding change of residence on the part of his family, he is ineligible (at the varsity level) for 12 calendar months from the date of the transfer.” Ryan appealed Jessop’s rulings to a three-person appellate panel, which sustained them on September 26. He then appealed to the CIF Executive Director John J. Hayes who similarly sustained the decision on October 21.

On November 10, Ryan filed his petition and complaint for alternative and peremptory writs of mandate, declaratory relief, and relief under the Unruh Civil Rights Act (Civ. Code, § 52). On December 24, the trial court issued a writ of mandamus directing CIF-SDS to rescind its September 9 order denying Ryan’s request for athletic eligibility because the record lacked substantial evidence supporting the reasons given for the denial and further did not reflect Ryan was given consideration for a possible waiver of the “transfer rule.” The order was amended later to provide: “The court issues a writ of mandate ordering [CIF-SDS] to withdraw their rulings of September 9, 1997, September 26, 1997 and October 21, 1997 denying Alan Johnson’s request for athletic eligibility as to John Ryan and to, instead, grant the request for athletic eligibility and allow John Ryan to participate in high school athletics based upon the Court’s determination that the record below does not contain substantial evidence to support the reasons given for the denial nor does it reflect that consideration was given for a possible waiver of the ‘transfer rule.’ ” Judgment was entered on the amended order on January 5, 1998, as the court retained jurisdiction over all issues relating to Ryan’s petition and complaint and awarded him costs.

CIF-SDS’s Appeal

Ryan’s Motion to Dismiss CIF-SDS’s Appeal Has Merit

Preliminarily, Ryan moves to dismiss CIF-SDS’s appeal from the mandamus judgment or, alternatively, to strike its appellants’ opening brief or portions of it. Specifically, he asserts the appeal from the mandamus judgment should be dismissed because CIF-SDS has completely performed and complied with the judicial directive. His motion is not directed to CIF-SDS’s appeal from the order for attorney fees under section 1021.5.

A more detailed examination of the procedural record reveals that CIF-SDS, on January 2, 1998, requested a clarification of the December 24, 1997 order as to remand regarding its failure to consider waiver of the transfer rule, prompting the court’s amendment to the order on January 5, 1998. Following the filing of the judgment on that date, CIF-SDS objected to its entry and requested the court to withhold the filing of a final judgment until the entire case had been resolved, including the damages claim. Within that pleading, CIF-SDS declared: “These defendants have acceded to the court’s order of December 24, 1997, and have advised the district that the plaintiff is not, pursuant to the court’s order, ineligible to participate in athletics on the basis of CIF Rules or rulings. The CIF, unless or until there is further court action on the matter, has not, and will not, impeded [szc], in any way, plaintiff’s basketball activities at Rancho Buena Vista.”

CIF-SDS asserted that given Ryan had obtained interim relief permitting him to play basketball and the court had retained jurisdiction over the parties, he would suffer no harm as to his basketball activities by withholding the final judgment. In fact, Ryan was permitted to try out for the RBV basketball team and did so successfully. CIF-SDS further objected to the judgment and then noticed their intent to move for new trial, listing generally six statutory grounds. In their points and authorities in support of their new trial motion, CIF-SDS declared: “Although the moving defendants remain in respectful disagreement with the court’s decision of December 24, 1997, they do not contest, in this motion, the eligibility of the plaintiff nor do they seek to relitigate or deprive the plaintiff of eligibility. That decision was made on December 24, 1997, and these defendants have no interest in encumbering the student, or anyone else, with continuing questions or issues regarding his eligibility.”

On March 19, the trial court denied their motion for new trial, reasoning that the grounds asserted in the motion are not included within those authorized under section 657 and that they have not submitted points and authorities and/or evidence to support any of the grounds set forth in either their notice or under section 657. On March 27, the trial court denied CIF-SDS’s motion to tax costs in part and, pursuant to section 1021.5,

Consequently, contrary to CIF-SDS’s assertion otherwise, although they may not have agreed with the trial court’s ruling, their conduct evinced, in fact, their acquiescence to and voluntary compliance with the mandamus order. CIF-SDS did not seek reconsideration of the trial court’s decision, nor did they challenge its underlying basis by a request for extraordinary relief in our court or in their motion for new trial. Moreover, CIF-SDS did not seek to stay the order while pursuing extraordinary relief from this interlocutory order. With an inadequate remedy by appeal given the time restraints imposed by Ryan’s one-year senior status, impending basketball tryouts following a completed football season and potential consequences to third parties in the event of appellate reversal, CIF-SDS elected to appeal. In other words, they sought an avenue of appellate relief that could not obtain review of the underlying mandamus order or judgment until completion of the damages trial, as reflected by our dismissal of their initial appeal. Indeed, their objections to the filing of the mandamus judgment confirm this tactical decision. It is within this setting that CIF-SDS made it clear to the trial court and the parties by its trial papers that they had voluntarily complied with the mandamus order, had no intent to relitigate the issue of athletic eligibility, and had no interest in encumbering Ryan or any third parties with continuing questions regarding his eligibility.

In this latter regard, CIF-SDS’s decision whether to comply with the court’s mandamus order had potential ramifications for hundreds of student athletes other than Ryan. Under the CIF bylaws, all the students at a school can be penalized by the CIF-SDS if their school allows a student to play sports under a court order that is later overturned. Under CIF bylaw 227, CIF-SDS has the authority to penalize in various ways a student, his or her team, or his or her school, if the student plays sports under a court order that is later reversed. Sanctions include keeping the school’s teams out of CIF

Section 1021.5 codifies the “private attorney general doctrine” adopted by our Supreme Court in Serrano v. Priest (1977) 20 Cal.3d 25 [ 141 Cal.Rptr. 315 , 569 P.2d 1303 ], (Press v. Lucky Stores, Inc. (1983) 34 Cal.3d 311 , 317 [ 193 Cal.Rptr. 900 , 667 P.2d 704 ]; Flannery v. California Highway Patrol (1998) 61 Cal.App.4th 629 , 634 [ 71 Cal.Rptr.2d 632 ]; Family Planning Specialists Medical Group, Inc. v. Powers (1995) 39 Cal.App.4th 1561 , 1566 [ 46 Cal.Rptr.2d 667 ].) The doctrine is designed to encourage private enforcement of important public rights and to ensure aggrieved citizens access to the judicial process where statutory or constitutional rights have been violated. (Olney v. Municipal Court (1982) 133 Cal.App.3d 455 , 463 [ 184 Cal.Rptr. 78 ].) In determining whether to award attorney fees under section 1021.5 to the “successful party,” we apply a three-prong test inquiring whether (1) the litigation resulted in the enforcement of an important right affecting the public interest, (2) a significant benefit has been conferred on the general public or a large class of individuals, and (3) the necessity and financial burden of private enforcement renders the award appropriate. (Baggett v. Gates (1982) 32 Cal.3d 128 , 142 [ 185 Cal.Rptr. 232 , 649 P.2d 874 ]; Family Planning Specialists Medical Group, Inc. v. Powers, supra, 39 Cal.App.4th at p. 1567; Planned Parenthood v. Aakhus (1993) 14 Cal.App.4th 162 , 169-170 [ 17 Cal.Rptr.2d 510 ].) Regarding the nature of the public right, it must be important and cannot involve trivial or peripheral public policies. The significance of the benefit conferred is determined from a realistic assessment of all the relevant surrounding circumstances. As to the necessity and financial burden of private enforcement, an award is appropriate where the cost of the legal victory transcends the claimant’s personal interest; in other words, where the burden of pursuing the litigation is out of proportion to the plaintiff’s individual stake in the matter. (Olney v. Municipal Court, supra, 133 Cal.App.3d at pp. 463-464.) The decision whether the claimant has met his burden of proving each of these prerequisites and is thus entitled to an award of attorney fees under section 1021.5 rests within the sound discretion of the trial court and that discretion shall not be disturbed on appeal absent a clear abuse. (Family Planning Specialists Medical Group, Inc. v. Powers, supra, 39 Cal.App.4th at p. 1567; Olney v. Municipal Court, supra, 133 Cal.App.3d at p. 464.) In other words, an attorney fees award under section 1021.5 will only be reversed where “ ‘it is clearly wrong or has no reasonable basis.’ [Citation.]” (Gregory v. State Bd. of Control (1999) 73 Cal.App.4th 584 , 598 [ 86 Cal.Rptr.2d 575 ]; Notrica v. State Comp. Ins. Fund (1999) 70 Cal.App.4th 911 , 955 [ 83 Cal.Rptr.2d 89 ].)

Nor has Ryan established that the cost of his victory transcended his personal interest in pursuing the litigation. To an Australian athlete, what is the value of the right to compete in the sport of American football for the very first time, or basketball? In evaluating this preliminary consideration, one cannot ignore that the “right to step in the ring” is a necessary predicate to being considered for college athletic scholarships and to obtaining the experience necessary to ever compete professionally. To Ryan, repeating the 12th grade in the United States enabled him to not only improve himself academically, but also to showcase himself athletically against younger competition. Additionally, Ryan’s petition and complaint, both before and