LAWSUIT AGAINST GOLDEN GATE UNIVERSITY GGU, PHILIP FRIEDMAN -- Golden Gate University (GGU) lawsuit re misrepresentation

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Date Posted: 04:52:32 08/18/04 Wed
Author: SL
Subject: LAWSUIT AGAINST GOLDEN GATE UNIVERSITY GGU, PHILIP FRIEDMAN

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF SAN FRANCISCO

UNLIMITED JURISDICTION

PLAINTIFF SL (�Plaintiff�) submits the instant complaint (�complaint�) against Golden Gate University (�GGU�), Philip Friedman and Does 1 - 20 (collectively, the �defendants�), and alleges as follows:
1. GGU is a not-for-profit private entity. For monetary consideration, GGU provides education in various areas such as taxation, law and business. GGU has six locations throughout California, with its main campus located in San Francisco. GGU also operates an English Language Institute and a cyber-campus.
2. Philip Friedman is the President of GGU.
3. Plaintiff is unaware of the names of those individuals and entities identified herein as Does 1 - 20. Plaintiff will amend this complaint to name those individuals once their identities become known to him. Plaintiff alleges that in doing the acts alleged herein, the defendants, and each of them, were the agents of one another.
4. At its San Francisco campus, GGU operates a law library which is open to the general public for a fee. For example, an annual membership for an individual costs $450. For groups such as law firms and other organizations, the annual fee is higher. GGU also operates a regular library which has �corporate� membership that can be purchased by organizations or individuals for $300. In addition, GGU operates a bookstore which is open to the general public. The bookstore sells both academic and non-academic books and items. In addition, the bookstore sells computers, items bearing the school insignia and clothing, and has a small caf� which is also open to the general public. Another caf� at GGU, located on the Plaza level of the main campus, is known as the �Plaza Caf�.� The Plaza Caf� is operated by an independent contractor and is also open to the general public. Any person who is aware of the existence of the Plaza Caf� may make use of its facilities. Furthermore, there are vending machines and ATM machines located throughout the campus. Various other activities are held on the campus, such as MCLE lectures, and other lectures which are open to the public, including debates between political candidates. For example the school hosted a debate between various District Attorney candidates, as well as a lecture entitled �May Government Ever Use Torture Against Terrorist Attacks? Two Answers From German Law,� by Professor Winfried Brugger. These lectures are also open to the public.
5. Plaintiff alleges that, for all intents and purposes, GGU is a business establishment that is subject to the provisions of Section 51 of the California Civil Code (henceforth the Unruh Act, or the �Act�). (See generally, Civil Code section 51, which applies to every California business establishment whatsoever).
6. GGU maintains a web-site (www.ggu.edu) on which, among other things, it advertises and promotes its services to prospective students. Visitors to the web-site encounter the home-page. The home-page directs visitors to other areas of the site by clicking on various icons (i.e., �Admissions,� �News and Events,� �Schools and Programs,� �Locations,� �About GGU,� and �University Services�).
7. One icon on the GGU web-site is entitled �About GGU.� �About GGU� purports to inform prospective students, or for that matter anyone visiting the site, the nature of GGU. By clicking on the icon, visitors are directed to a new �web-page.� On that web-page, information about the school is set out. (A copy of this web-page is attached hereto as Exhibit 1.) On the web-page, GGU boasts about its programs, its professors� hands-on experience, and the fact that it limits its classroom size to �around 15� students to allow students to get the attention they need in order to learn. In fact, GGU urges readers to �forget� about large lecture halls and crammed classes as GGU limits the number of students in each class to �around� 15 per class. On the web-page, this claim appears as follows:

�Small Classes Emphasize hands-on Skills
Forget about large lecture halls crammed full of students. At Golden Gate, we limit our classes to about 15 students each, which means you�ll get the attention you need to learn. From case studies to lab-based courses to collaborative capstone projects, you�ll solve real-world problems and build your resume at the same time.�

FIRST CAUSE OF ACTION
(False Advertising -- Violations of Business & Prof. Code section 17200, et seq.)
8. Plaintiff incorporates and realleges Paragraphs 1 - 7 as though set out in full herein.
9. Plaintiff alleges that GGU�s claim that it limits the number of students in its classes to �around 15� is false and deceptive. In fact, new students will be hard pressed to �forget� as GGU urges them to do, because many of the classes contain more than 15 students. In fact, plaintiff alleges that currently many GGU classes have an enrollment exceeding 30 students. Plaintiff specifically alleges that a course taught by the Honorable David Garcia (who will be deposed and called as a witness in this case) has an enrollment exceeding 40 students. Some classes have an enrollment of over 60 students.
10. Based on these allegations, plaintiff prays for an injunction that will prohibit GGU from using false and misleading advertisement. In the alternative, plaintiff asks for an order requiring GGU to actually limit its classes to an enrollment of �around� 15 students.
SECOND CAUSE OF ACTION
(Restitution)
11. Plaintiff incorporates and realleges Paragraphs 1 - 10 as though set out in full herein.
12. Pursuant to Business & Professions Code section 17200, et seq. (which also gives plaintiff standing to advance this entire action), plaintiff seeks restitution from GGU for the amount that it was unjustly enriched by deceiving prospective students as to the quality of their GGU education, and restitution for otherwise engaging in that unlawful business practice in general and, in specific, from attracting students to attend GGU rather than other universities.
THIRD CAUSE OF ACTION
(Injunction -- Violation of the Unruh Act)
13. Plaintiff incorporates and realleges Paragraphs 1 - 12 as though set out in full herein.
14. Plaintiff further alleges that GGU improperly offers Summit Scholarships. Specifically, GGU awards a limited number of half-tuition Summit Scholarships to the most qualified graduate students who are members of an under-represented group at GGU, including African-Americans, Asian-Americans, Hispanic Americans and Native Americans.
15. Further, plaintiff alleges that GGU improperly offers Headway Scholarships. Specifically, GGU awards a limited number of half-tuition Headway Scholarships to the most qualified undergraduate students who are members of an under-represented group at the university, including African-Americans, Asian-Americans, Hispanic Americans and Native Americans.
16. Plaintiff alleges that the granting of both Summit and Headway Scholarships violates the Unruh Act as the awards are based on race and tend to be discriminatory as to students who are not part of the specified racial or ethnic groups which GGU alleges are under-represented at the university (i.e. Caucasians)
FOURTH CAUSE OF ACTION-UNRUH ACT
(Violation of Unruh Act)
17. Plaintiff incorporates and realleges Paragraphs 1 - 16 as though set out in full herein.
18. GGU operates a third-tier law school known as Golden Gate University School of Law (�GGU Law�).
19. In violation of the Unruh Act, GGU Law offers $5,000 scholarships
to entering minority students. The GGU Law web-site states as follows:
�Minority Scholarships: $5,000 scholarships are awarded to entering minority students who have demonstrated a commitment to their community. Commitment can be demonstrated in a collegiate, professional, or community environment.�
20. Plaintiff alleges that GGU�s practice of awarding Minority Scholarships by selecting specific students of only certain races to receive $5,000 scholarships, such that students of other races (i.e., Caucasians) are not allowed to partake of the scholarship funds, is a violation of the Unruh Act .
21. Based on the foregoing, plaintiff seeks an injunction that will direct GGU School of Law to cease and desist from its practice of awarding these Minority Scholarships .
WHEREFORE, plaintiff prays for judgment against defendants as follows:
1. For an injunction prohibiting defendants from engaging in the above- described illegal practices;
2. For any other equitable relief which the Court deems just and proper;
3. For a declaration that the defendants� conduct as alleged above is illegal;
4. For restitution according to proof;
5. For reasonable costs;
6. For such other and further relief as the Court deems just and proper.
Plaintiff requests a jury trial as to the non-equitable claims for relief.

I declare under penalty of perjury pursuant to the laws of the State of California that the above is true and correct to the best of my knowledge.
Dated: September 13, 2002 _________________________
SL

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