Stamps v. Barrera CA2/3

Filed 3/19/15 Stamps v. Barrera CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION THREE

EDRIK LEE STAMPS, B256649

Plaintiff and Appellant, (Los Angeles County Super. Ct. No. BC523394) v.

ADRIANA BARRERA, as Interim Chancellor, etc.,

Defendant and Respondent.

APPEAL from a judgment of the Superior Court of Los Angeles County, Teresa Sanchez-Gordon, Judge. Affirmed. Edrik Lee Stamps, in pro. per., for Plaintiff and Appellant. Los Angeles Community College District, Office of General Counsel, Camille A. Goulet, Kevin D. Jeter, Anne L. Diga and Eric C. Kim for Defendant and Respondent.

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Edrik Lee Stamps appeals a judgment after the sustaining of a demurrer to his complaint against Adriana Barrera, as interim chancellor of the Los Angeles Community College District (LACCD). He contends the trial court erred by concluding that he failed to comply with the claim presentation requirement and that the complaint fails to allege any basis for Barrera’s liability. We conclude that the court properly sustained the demurrer without leave to amend based on the failure to allege compliance with the claim presentation requirement or an excuse for failing to present a timely claim. We therefore affirm the judgment. FACTUAL AND PROCEDURAL BACKGROUND 1. Complaint Stamps filed a complaint for money damages against Barrera, as interim chancellor, in October 2013. He alleges a single count for civil harassment. Stamps alleges as follows: “Ms. Ford” spoke with him in class about some e-mails that he had sent her. She told him that his tone with inappropriate “and some other things about how she thought about the conversation that was held.” She approached him later during the same class after a break and told him that she had heard him making rude comments about her in the hallway. In fact, he had not made any rude comments, and he denied doing so. Ms. Ford told him to leave the classroom and that officers were on their way. Stamps left the classroom. He encountered officers outside the classroom and walked into an elevator. The officers pointed stun guns at him and asked to speak with him in the dean’s office. The officers accompanied him to the dean’s office, but the dean was not there. Stamps alleges, “I was not comfortable, the officers did not conduct themselves appropriately, and I was harassed and lied upon by a member of the Los Angeles Southwest College and LACCD faculty.” Attached as exhibits to the complaint are (1) e-mails between Stamps and Bettye J. Ford; (2) a letter dated March 27, 2013, from Oscar Cobian, Dean of Student Services at Los Angeles Southwest College, to Stamps notifying him of his suspension from a psychology class for the rest of the spring semester and his right to request