American Assn. of Women v. Board of Trustees

Opinion

STOEVER, J.

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Plaintiffs filed their complaint and petition for mandamus and injunctive relief seeking to compel defendant board of trustees of the California State University to follow Education Code sections 68050 and 68062, subdivision (h). The indicated Education Code sections relate to undocumented aliens establishing residency for purposes of determining applicability of resident or nonresident tuition. Plaintiffs’ action was a taxpayer suit pursuant to Code of Civil Procedure section 526a.

Interveners filed demurrers, motions to strike, motions to transfer the cause to Alameda County, and, ultimately, answers to the complaint.

The trial court overruled the demurrers, denied the motion to strike, denied the motions to transfer, and issued a writ of mandate compelling defendant to comply with Education Code sections 68050 and 68062, subdivision (h), and enjoining defendant and respondent from violating said code sections.

Defendant and interveners appeal.

Chronology of Facts and Events

In 1983, the Legislature amended Education Code section 68062 by adding subdivision (h): “(h) An alien, including an unmarried minor alien, may establish his or her residence, unless precluded by the Immigration and Nationality Act (8 U.S.C. 1101, et seq.) from establishing domicile in the United States.”

In 1985, the Alameda County Superior Court, in Leticia A. v. Board of Regents of the University of California (No. 588982-4) (Leticia A.) found (1) the policy of determining residency on terms other than those applied to United States citizens is unconstitutional pursuant to article I, section 7, subdivision (a) of the California Constitution; (2) enjoined the California State University to determine the residence status of undocumented aliens in the same manner and on the same terms as United States citizens; and (3)

[705]

enjoined the California State University from establishing California residency on terms different from a United States citizen for any semester or term from and after the date of entry of judgment. Leticia A. was a taxpayer suit pursuant to Code of Civil Procedure section 526a. California State University did not appeal.