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Mater Dei lawsuit against CIF gets boost

March 1, 2011 |  1:20 pm

A lawsuit filed by Santa Ana Mater Dei and the Roman Catholic Diocese of Orange against the CIF Southern Section gained some momentum this week when an Orange County Superior Court judge, in a ruling, rejected an attempt by the Southern Section to dismiss the complaints.

Judge Gregory H. Lewis (note: an earlier version of this blog listed Lewis' last name as Hart) indicated in the ruling that Mater Dei can proceed with allegations that the CIF breached fiduciary duties and violated equal protection.

"Plaintiff has set forth sufficient facts to show that CIF-SS has fiduciary duties to the plaintiff," according to the court document.

"Plaintiff has also sufficiently alleged that it has suffered damages as a result of the breaches of fiduciary duty."

The court also indicated that "plaintiff sufficiently alleges that it was denied equal protection."

The court sustained CIF arguments in connection with allegations of breach of contract and breach of good faith and fair dealing. Mater Dei can file a response within 15 days on those rulings. The court also rejected Mater Dei complaints in connection with violation of due process and action for unfair business practices.

A management conference involving the lawyers in the case is scheduled for April.

-- Eric Sondheimer