Filed 12/17/20 Vang v. Board of Trustees of Cal. State University CA5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT JIM VANG, F078787 Plaintiff and Appellant, (Super. Ct. No. 17CECG04085) v. BOARD OF TRUSTEES OF CALIFORNIA OPINION STATE UNIVERSITY et al., Defendants and Respondents. APPEAL from a judgment of the Superior Court of Fresno County. Jeffrey Y. Hamilton, Jr., Judge. Jim Vang, in pro. per., for Plaintiff and Appellant. Xavier Becerra, Attorney General, Cheryl L. Feiner, Assistant Attorney General, Ismael A. Castro and Lisa A. Tillman, Deputy Attorneys General, for Defendants and Respondents. -ooOoo- Appellant is a self-represented graduate student who sued a state university and various university officials after his proposed master’s thesis project in the field of impact geology was rejected and he was told to work on a new thesis project within the expertise of one or more faculty members at the university.1 When appellant refused to change his thesis topic, the university disqualified him from its graduate program. Appellant’s complaint alleged the defendants violated his right to full freedom of inquiry, violated various statutes prohibiting discrimination and conflicts of interest, breached an implied contract, and committed fraud and intentional deceit. The defendants filed a demurrer, which the trial court sustained without leave to amend. Appellant contends university officials discriminated against him by not providing educational services because he is, and associates himself with, impact geologists and because he is not perceived to be an outstanding student. As explained in detail below, we conclude the various statutes cited by appellant do not prohibit these types of actions against a graduate student. Appellant also contends defendants violated his right to full freedom of inquiry that is protected by state law and the California Constitution. We conclude the right to full freedom of inquiry does not include the right to choose one’s own thesis research topic. Also, appellant’s allegations were insufficient to state a cause of action for breach of contract or fraud. Consequently, the trial court properly sustained the demurrer. We therefore affirm the judgment. FACTS Parties Plaintiff Jim Vang is a Hmong-American born and raised in Fresno. He works in Fresno, is a taxpayer, and paid all the expenses of his graduate education without assistance from any outside source. The defendants in this action are (1) the board of trustees of California State University; (2) the president of California State University, Fresno (University), Joseph I. 1 “Impact geology” has been defined as a branch of geology that deals with the role of large meteor impacts in earth science. (Kelly and Dachille, Target Earth (1953).) 2. Castro, Ph.D.; (3) the vice provost, Dennis Nef, Ph.D.; (4) the dean of research ...
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