The opinion of the court was delivered by: D. LOWELL JENSEN
On March 2, 1994, the Court heard defendant's motion to dismiss for lack of subject matter jurisdiction and for failure to state a claim pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). Steven Franceschi appeared on behalf of plaintiff. Robert M. Sweet appeared on behalf of defendants. Having considered the papers submitted, the arguments of counsel, the applicable law, and the entire record herein, the Court GRANTS defendants' motion for dismissal, for the following reasons.
Plaintiff Benjamin J. Ramos, dba University of Honolulu School of Law (hereinafter "School"), established a correspondence law school on Kauai, Hawaii in 1981 and continued to operate it from 1981 through 1990.
On July 24, 1992 plaintiff received degree granting authority from the Council for Private Postsecondary and Vocational Education (hereinafter "CPPVE"). In August 1992 plaintiff alleges he requested the necessary papers to register the School with the Committee of Bar Examiners ("Committee").
Defendants were disinclined to forward the registration forms for the School to plaintiff. On January 25, 1993 plaintiff filed a Writ of Mandate in the California Supreme Court to "compel the Committee to perform its mandatory ministerial duties of sending plaintiff the registration papers and to register his school in compliance with State Bar rules, Rule XIX, sections 6 & 8." Complaint at #16. On February 1, 1993, defendant O'Connor mailed plaintiff the registration forms, but it is alleged that O'Connor specified that the paper would not necessarily be processed.
In March 1993, the California Supreme Court denied plaintiff's writ. The reasoning supporting the decision was not given.
The Committee held a prehearing conference on April 19, 1993 and plaintiff provided the Committee some of the documents earlier requested. After first seeking to withdraw his application to register, plaintiff subsequently sought to have a hearing before the Subcommittee on Educational Standards.
Plaintiff was notified of the issues before the Committee on June 8, 1993. On August 20, 1993 the Educational Standards Subcommittee held a hearing at which plaintiff "declined" to review most of the documents with the Committee as he believed the Committee was on a "fishing expedition." Complaint at #25.
On November 18, 1993 plaintiff received notice of the denial of registration.
Plaintiff filed his complaint in this Court on November 29, 1993.
A. Standard for Motion to Dismiss for Failure to ...