Defendants. COME NOW DEFENDAIiITS CYNTHIA RAWITCH, KENNETH DEVOL,. MICHAEL EMERY, LENNIN GLASS, and JAI{ES W. CLEARY and
K. VAI{ DE KAMP, Attorney General -'; . _. of the State of California
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JOIIN
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HENRY
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CIIRISTOPHER C. FOLEY, ANGEIA SIERRA,
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Wr
G. ITLLERICH, Supervising Deputy Attorney General
:
Deputy Attorneys General 3580 Wilshire Boulevard Los Angeles, California 90010
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releph5ne:' (213) 736-2283 Attorneys for Defend.ants Clmthia Rawitch, Kenneth Devol, I'lichael Emery, Lennin Glass, and James W. Cleary
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SUPERIOR COTIRT OF THE STATE OF CALIFORNIA
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COI'NTY OF LOS AI{GELES
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dr individual; dn individual and representative of a class; and JO AI,IN CHERNO, a taxpayer, ' Plaintiffs'
NO. C 685687
JA!4ES TARANTOT DAVID KNATCALT
ANSWER TO COMPI"AINT
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cynrnre\RAWITCHr dr individual; EnVOf,r dn individual;
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KENNETH MTCHAEL
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LENNIN JAI4ES W.
Y I an individual; individual; S, an'an individual; Y,
THE CAIIFORNIA STATE ITNMRSITY; STATE OF CALIFORNTA; and TRUSTEES
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DOES 2L
L through 20,
Defendants.
22 COME NOW DEFENDAIiITS CYNTHIA RAWITCH, KENNETH DEVOL,
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W.
and in answer.
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MICHAEL EMERY, LENNIN GLASS, and JAI{ES
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to the verified complaint on fite herein admit, deny, and allege as follows3
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CLEARY
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1. Admit the allegations of paragraph 1. 2-3. Lacking sufficient inforrnation and belief as to. the allegations of paragrairhs 2 and 3, deny said allegations based on said Iack of inforrnation and belief. 4-10 . Admit the allegations of parag'raphs 4 to 10. 11-12. Lacking sufficient information and belief as to the alLegations of paragraphs 11 and 12, deny said allegations based on said l-ack of information and belief . 13. Adrit the aLlegations of paragraphs 13. 15. Answering paragraph 15, admit that the Dailv Sundial is a student newspaper published by the Departrnent of Journalism at California State University, Northridge, and is distributed throughout the campus; deny all other allegations of
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paragraph 15.
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15. Adnit the aLlegations of paragraph 16. L7. Answering paragraph L7, admit only that plaintiff Taranto was suspended without pay from his position as News Editor of the Dailv Sundial by defendant Rawitch; deny all other allegations of said paragraph. 18. Answering paragraph 18, deny aII allegations except to admit that plaintiff Taranto was suspended by Professor Rawitch for failing to consult with Professor Rawitch prior to running the cartoon, in violation of D+ilv Sundial policy; deny specifically that the comnentary was a cause of the
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suspension.
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19. Answering paragraph 19, deny all allegations except to admit that the quoted. portion accurately reflects the
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text of the Policy Stat,ement at the time of the suspension, and to affirmatively allege that the Policy Statement as interpreted and applied by both the publisher and staff of the Dailv Qundial at the time of the suspension, and prior theret,o, included key editorial assistants, including specifically plaintiff Taranto, in the obligation to call to the attention of the publisher any questionable material. Admit accuracy of Exhibit B. 20. Admit the alLegations of paragraph 20, noting a tlpographical error on line 25 of page 6. 21"-22. Adnit the allegations of paragraphs 2L-22. 23. Lacking sufficient information and belief as to the meaning of the term "protected speechr " deny the allegations of paragraph 23 based, on said lack of information and belief; af firmatively aIlege that the cosunentarT was not.a cause of the
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suspension.
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24-28.
Deny
the allegations of paragraphs 24, 25, 26,
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and 28, excePt to adnit that plaintiff Taranto was prevented frorn acting as News Editor for two weeks and thereby did not
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receive $93.00 in stiPend
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SECOND CAUSE OF ACTION
29. Answering paragraph 29, incorporate by referencet as fully as if set forth again verbatim, the admissions, d.enials, and allegations set forth above 30-31. Deny the allegations of paragraphs 30 and 31. 32. Answering paragraph 32, deny that an actual and substantial controversy currently exists between plaintiffs and defendants. A]lege that the Dailv Sundial is a laboratory media 3.
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course sponsored by the Department of JournaLism, and that, as
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plaintiffs do'not have the right to speak freely and publish their sentiments on all subjects or to receive such information in disregard of the right of the Departrnent of Journalism to act as publisher. Allege that, plaintiff Taranto was suspended solely for failing to call to the attention of the publisher his intention to publish the cart,oon, which plaintiff knew or should have known fell within the category of materials as to which he was required to consult with the publisher. Allege that plaintiff Taranto has completed both his suspension and his class work on the Dailv Sundiql, and is not currently subject to the policy of which he complains. 33. Deny the allegations of paragraph 33. 34-35. Lacking sufficient information and belief q.s to the allegations of paragraphs 34 and 35, deny said allegations based on said lack of information and belief 36-37. Deny the allegations of paragraphs 36 and 37 , and specifically deny the right to publish and receive information on aLI subjects is applicable to a Department of Journalismsponsored laboratory media course; allege that such right is subject to the right of the Department of Journalism to act as
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publisher.
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38. Deny the al]egations of paragraph 38, and allege that the rights asserted therein are subject to the right of the Department of Journalism to act as publisher of the Dailv
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Sundia].
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such
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ASFIRI4ATIVE DEFENSES ASSERTED AS TO EACH CAUSE OF ACTION
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FIRST AF'FIRMATIYE
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DEFENSE
39.Theseansweringdefendantsarenotliableforthe by public cl acts complained of because such acts were performed ol employeesactingingoodfaith,withoutmalice,andunderthe by them 7l apparent authority of an enactment reasonably believed 8l to be constitutional, valid, and applicable. I
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sEcqND AFFIRI'tlTrvE
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40. Th? andwering defendants are not liable for the
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DEF.'ENSE
actscomplaineaotbecausetheseansweringdefendants
}iableforviolationsof42UnitedStatesCodesection allegedly committed by their agents' ox employees' ,
are not 19 83
THIRD AFFIRMATIVB DEFENSE
4L. plaintiffs lack standing to challenge the manner university' in which journalism is taught at california state and Northridge, such decisions being the prerogative of the california responsibilS-ty of the Department of Journalism State University, Northridge' WHEREFoRE'theseansweringdefendantsprayfor judgment as follows:
l.Thatplaintiffstakenothingbytheircomplaint; 2. That no injunction issue; 3. That no declaratj-on be rendered' but if a be that the Dailv declarat,ion be rendered, that such declaration Sundial policy is valid and constitutionali 4. That the prayer for attorney fees be denied; 5.
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5. That defendants be awarded costs; and 6. That defendants be afforded such other and further relief as to the court seems Just and proper. ,T J)
DAIED
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. /""e /), /?pt
K. VAII DE KAI4P, Attorney General
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JOIIN
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HENRY
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CHRISTOPHER C. FOLEY, ANGEIJA SIERRA,
of the State of California
G. ULLERICH, Supenrising Deputy Attorney General Deputy Attorneys General
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By 10
CIIRISTOPHER
i.
FOLEY
Attorneys for Defendants Clmthia Rawitch, Kenneth Devol, Michael Emery, Lennin Glass, and James W. Cleary
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C
CCF: aep TASANTO . ANSWER
6/L5/88
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6.
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TERTFICATION
a party to this action. I have read the foregoing Arrswer to Cornplaint and know its contents. The matters stated in the answer to complaint are true of my own knowledge except as to those mat,ters which are stated on information and belief, and as to those matters I believe them to be true. I declare under penalty of perjury under the laws of the State of CaLifornia that the foregoing is true and correct.
f
aln
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EXECUTED
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AT
_,
1988
June _,
1988
June
CYNTHIA RAWITCH
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EXECUTED
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AT
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KENNETH DEVOL
4,
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June &v ,
1988
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1988
IB
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EXECUTED
Ar T)*#/u
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EXECUTED June
JAI{ES \-/
W.
CLEARY
VERIFICATION
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Iarna party to this actLon. I have rgad-.the foregoing Answer to ComPlaint and know its contents. The matters stated in the answer to courplaint are trrre of my own knowledge excePt as to thoee matters which are stated on information and beliefr'and as to those matters I believe them
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to be .true
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I declare under penalty of perJury under the laws of the state of california that the foregoing is t:nre and correct'
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EXECUTEDgtrind 5,
f988
IA
RAWITCH
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EXECUTED
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AT
June
1988
KENNETH DSVOL
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EXECUTED
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AT
June
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MICHAEL
EMERY
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EXECUTED
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AT
June
1988
LENNIN GI.ASS
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EXECUTED
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AT
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June
1988
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JAI'{ES
W. CLEARY
(
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VERIFICATION OF KENNEITI DEITOL
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C. FOLEY declares as f ollows f am attorney for defend,ant, Kenneth Devo1 and prepared the within Answer to Cornplaint on said defendant's behaLf. I am informed and believe that defendant Devol is absent from Los Angeles County and I therefore make this verification on his behalf pursuant t,o Code of Civil Procedure section 446. I am informed and believe that the matters stated, in the within Answer to Complaint are true and correct I declare under penalty of perjury that the foregoing is true and correct Executed at Los Angeles on July .13, 1988.
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CI{RISTOPHER
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85 355r l
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CCF: aep VERIFICATION 7
/L3/88
tt?
(
DECI,ANATION OF SERVICE BY UATIJ
JAMES TARANTO,
RE:
Ct A}.
v.
CYNTHIA RAWITCH'
I an over 18 years of age, within causei my business address is 3580 Los Angeles, California 90010; I ser/ed a WER TO
c 685 687 and not a party to the Wilshire Boulevard, copy of the attached
et al.
No
INT
IFIC
ACLU FOUNDATION OF' SO. CALIFORNIA
633 South Shatto Place Los Angeles, California
90005
HUFSTEDLER, MILLER, CARLSON & BEARDSLEY
355 south Grand Avenue, 45th Floor Los Angeles, California 9007f
Each said enveloPe itas then r
oD
July L4,
1988
sealed and deposited in the United States Mail at, Los Angeles, California, the county in which I am employed' with the postage thereon fully prePaid. I declare under penalt'y of perjury that the foregoing is t,rue and correct Julv 14, 1988 Executed on , dt Los Angeles,
California.
A-1
