Wells v. Biola University
Filed 6/14/06 Wells v. Biola University CA2/2
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION TWO
| REBECCA WELLS, Plaintiff and Appellant, v. BIOLA UNIVERSITY, INC., Defendant and Respondent. | B184265 (Los Angeles County Super. Ct. No. BC300707) |
APPEAL from a judgment of the Superior Court of Los Angeles County. Robert L. Hess, Judge. Affirmed.
Rehwald, Rameson, Lewis & Glasner and William Rehwald for Plaintiff and Appellant.
Law Offices of Mark W. Deutinger and Mark W. Deutinger for Defendant and Respondent.
____________________
This lawsuit arises out of the withdrawal of appellant Rebecca Wells (Wells) from a graduate study program at respondent Biola University, Inc. (Biola). Her withdrawal was the result of an unsuccessful attempt to appeal a decision of termination from the program made by the Dean of Biola's Rosemead School of Psychology (Rosemead). She then initiated this action against Biola. The trial court granted Biola's motion for summary judgment and Wells appealed.
We affirm. Wells's breach of contract and breach of the implied covenant of good faith and fair dealing causes of action fail as a matter of law as Biola acted within its discretion in determining that Wells's misconduct warranted dismissal from Rosemead. Her invasion of privacy cause of action fails because Biola's alleged intrusion into her personal life was not substantial and Biola had a countervailing interest in Wells's welfare. Finally, Wells's defamation cause of action fails; Biola established that the conditional privilege (Civ. Code, § 47, subd. (c)) applies.
FACTUAL AND PROCEDURAL BACKGROUND
Wells's Application and Acceptance to Rosemead
On January 13, 1999, Wells applied to the graduate psychology program at Rosemead, a graduate school operated by Biola, a private university. In applying for acceptance into the Rosemead program, Wells completed an application that she understood would be relied upon by Rosemead in determining whether to accept her into the program. Part of that application included a requirement that Wells abide by certain standards of conduct, including refraining from the use of alcoholic beverages and â€
