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Cabrillo College Desperately Try to get Lawsuits Against them Dismissed on Technicalities
Cabrillo College Desperately Trying to get Lawsuits Against them Dismissed on Technicalities including claims of Government Immunity, Despite Malice, Lack of Probable Cause, and Abuse of Discretion; Hearing Delayed Again
See the previous post on Indymedia Santa Cruz area re: the basics of this matter:
“Senior Citizen Student Violently Attacked and Injured by Cabrillo College staff; Community help needed to Identify the Cabrillo staff Perpetrators from Videos and Photos”
https://www.indybay.org/newsitems/2026/04/10/18885495.php
This post is an update to the post above:
The student’s Case 26CV00126 is vs. Cabrillo College regarding Cabrillo staff assault & battery, hit & run with a Cabrillo truck, intimidation of a witness to a false report to police, slander, and more during an incident where the plaintiff was a student eating dinner peacefully and tidily in an open student cafeteria when he was disrupted by a deputy sheriff who had received a false report of making a mess and causing trouble; and a second lawsuit case 26CV00148 which is classified by the court as regarding “violation of Codes” including covering up of the above crimes by Cabrillo College Administration including Michelle Donohue, breaking Cabrillo’s written policies and the law to weaponize the student disciplinary process to retaliate against a student victim and whistleblower, and other tortious acts.
Cabrillo College Vice President of Human Resources and Labor Relations--and Attorney—Angela Hoyt has filed a written request to Judge Denine Guy asking for a court order to dismiss two small claims court cases against Cabrillo College and Dean of Student Services Michelle Donohue. The primary reasons given by Angela Hoyt of Cabrillo are a repeat of a failed verbal motion asking to get the cases dismissed at the last court hearing regarding Cabrillo saying they didn’t receive the original claims the complaints that these lawsuits are based on; and claims of immunity for Cabrillo and Donohue based on Donohue being a high level administrator working for Cabrillo, a state government entity as a California Community College.
Specifically, Cabrillo College VP/ Attorney Hoyt wrote “Defendant Michelle Donohue is Immune From Liability and Should Be Dismissed if Case 26CV00148 is Permitted to Proceed…plaintiff has named Michelle Donohue, who is the DSS as a Defendant. The allegations made by Plaintiff against her are entirely in her capacity of as an employee of Cabrillo College, such as “misappropriation of public funds-taxpayers’ money; coverup of multiple on-campus crimes in which plaintiff was victim; weaponization of the student disciplinary processes; refusal of due process to plaintiff including failure to provide for hearing under Cabrillo College Student Rights and Responsibilities written policies and procedures including refusing to allow evidence submission until 2 days before the hearing, interfering with plaintiff‘s right to question witness, breach of contract; libel, defamation.”
The Tort Claims Act provides that “a public employee is not liable for an injury resulting from his act or omission where the act or omission was the result of the exercise of the discretion vested in him, whether or not that discretion be abused” (Gov’t Code Section 820.2)” and “Additionally, “[a] public employee is not liable for injury caused by his instituting or prosecuting and judicial or administrative proceeding within the scope of his employment, even if he acts maliciously and without probable cause.” (Gov’t Code Section 821.6)”. Also applies to Donohue, whose pronoun is “she”.
As plaintiff, I argued in my Answer (plaintiff response to Cabrillo Attorney Hoyt’s filing), among other things, that many of these issues are ministerial (procedural) rather than discretionary (using judgement, even if abused, done maliciously, or without probable cause) duties for the Dean of Student Services Office, including by Donohue’s Administrative Assistant; and that even the discretionary but abusive/malicious/without probable cause matters are also in violation of other California statutory requirements (i.e. “violation of Codes”) which negates the immunity under the aforementioned Gov’t Code Section 820.2. I am also arguing legal “actual malice” and other violations of Civil Code Section 3294; and other limitations of the government immunity defense; among other arguments. Any kind of California statute (Code) can bar even government employees’ abuse-of-discretion-based issues. For example Education Code Section 66017 allows for immediate suspension of a student under some circumstances, “provided that a reasonable opportunity be afforded the suspended person for a hearing within 10 days.[emphasis added] “.Re case26CV00148 the “charges” (i.e. Allegations) were not even given to me until January 3, 2025, more than 4 weeks after the 12/5/2024 incident; and on January 3, 2025 the hearing was initially scheduled for January 21st, 18 days plus 4 weeks after the incident (6 weeks plus 4 days or 46 days total after the incident the disciplinary “charges” against me were based on.
In addition, for no valid reason plaintiff was unlawfully detained/ falsely imprisoned and issued a 24+ day stay away notice, purportedly under Penal Code section 626.4; but Penal Code Section 626.4 allows a MAXIMUM of a 14 day stay away notice. Plaintiff brought this matter up on 12/12/24 in an early morning email to Donohue, within the first few hours that he was able to type again after getting his right (dominant) hand and fingers injured during the assault & battery and hit and run incident which is the basis for case 26CV00126. Donohue ignored the plaintiff’s questions about the length of the stay away order and then during the hearing when the plaintiff was questioning Deputy Melgoza about this matter Donohue interrupted and instead of answering spouted a slew of platitudes regarding Cabrillo College and said things that are inconsistent with the Student Rights and Responsibilities Handbook policies (see case 26CV00148 Exhibit 1 and Exhibit 3 (transcript of disciplinary hearing recording) and Exhibit 4 video recording of the disciplinary hearing posted on youtube as public. The Penal Code 626.4 issue described above is but one of many instances where a California statute trumps any potential immunity in the case if it was discretionary. If it was ministerial, it was already exempt from the government administrator immunity provisions. There are many other limits on government employee immunity privileges/ sovereign immunity provisions including California statutes that work in my favor eliminating government administrator immunity including the Tom Bain Civil Rights Act, Mandatory Reporter Laws (as these are also an elder abuse cases as I am 66 years old), Whistleblower protection laws, and others. The coverup also included Cabrillo College making a false crime report –illegally excluding the on-campus crimes against me—in violation of the Jeanne Clery Campus Safety Act and other statutes.
Regarding Cabrillo Attorney Hoyt’s claim in her filing that the plaintiff didn’t file the original claim correctly, the court already ruled against dismissing the cases in a verbal motion on the same thing by Cabrillo Attorney Hoyt at the 4/16/26 hearing --The court (Judge Guy) already said “we’re not doing that” re: defendants’ request to dismiss both of these cases among other things and denied Cabrillo’s verbal motion. I have presented evidence that I had filed the claim on time at the address the Government Claim Form said to file at, had a certified mail return receipt that they had received it 5 days after mailing, and cashed my check for the $25 fee 3 days after that. Also, at the 4/16/26 hearing, the judge ordered me to also have the claim formally served (by an independent resident adult not a party to the cases) on the Cabrillo College President’s Office by 4/22/26 and I have successfully done that in full compliance with the court order, which Cabrillo doesn’t deny. In fact, they responded by rejecting all 3 claims I sent them. However, they are now complaining that the claim—which was by necessity served between 4/16/26 and 4/22/26, was not served backwards in time to 2025. So Cabrillo is repeating their failed verbal motion and filed it in written form, complaining essentially that time did not warp during the formal service of the claim.
Judge Guy is expected to make her decisions on these matters very soon based on the written filings by both sides.
In her latest court filing, Cabrillo Attorney Hoyt also said “‘State officers and employees are encouraged to investigate and prosecute matters within their purview without fear of reprisal from the person or entity harmed thereby.’).)” But apparently this doesn’t apply when Cabrillo College is being disciplined by the Dental Hygiene Board of California, as explained in a recently published article by Hillary Ojeda in Lookout Santa Cruz https://lookout.co/after-scathing-state-board-report-5000-fine-and-probation-cabrillo-college-clears-most-dental-hygiene-program-violations/story
“The program’s violations, first reported by Santa Cruz Local, not only raised concerns about the school’s management of the program but they also provided insight into how Cabrillo’s leadership responds when being held accountable by an outside agency.
From February through the spring, the state board and Cabrillo officials, including College President Jenn Capps, debated the allegations, with Capps at one point threatening to file a complaint against a board specialist who cited the college and the board’s executive officer defending the official.”
In the Santa Cruz Local article by B. Sakura Cannestra, https://santacruzlocal.org/2026/06/28/cabrillo-college-dental-hygiene-faculty-students-allege-toxic-work-and-learning-environment/, the behavior of Angela Hoyt herself is featured along with other Cabrillo College Administrators regarding this fiasco.
Both articles are essential reading for anyone wanting to understand what really goes on at Cabrillo College.
You may be wondering why Active California Bar Attorney Angela Hoyt is allowed to appear in small claims court at all, which supposedly bars lawyers from participating under Code of Civil Procedure Section 116.530(a) unless they meet the exceptions in (b) which Angela Hoyt doesn’t but somehow she is allowed to represent Cabrillo and also essentially act as Donohue’s attorney in Small Claims Court. Judge Guy said on 4/16/26 that since Hoyt was casually dressed in a Cabrillo College sweatshirt during the 4/16/26 hearing that Hoyt was not acting as attorney, but this is not based in law (see CCP 116.530(b) for exceptions to part (a)).
Of course Government Code Section 821.6 raises a lot of issues about the “scope” of Donohue’s employment, a lot of which is addressed in evidence for both case 26CV00148, including Exhibits of Cabrillo College website propaganda about the Dean of Student Services Office, and Michelle Donohue’s job description as Cabrillo College’s Dean of Student Services which requires her to act in a manner consistent with the mission of Cabrillo College, including it’s stated values, purposes, goals, etc. Donohue has acted specifically AGAINST the Cabrillo College mission re: both cases. Donohue’s job description was obtained during discovery and is included in the plaintiff’s evidence.
Also from discovery, I received deputy sheriff Melgoza’s body camera footage in two parts that are posted as public on you tube along with all the other videos named “School Check”. The body cam footage is better quality than the second, fourth, fifth, and part of the sixth videos taken by me on my cell phone or tablet during the incident, but deputy Melgoza wasn’t present for time period covered by the first, part of the third, and most of the sixth videos. The first video in the playlist is when janitorial supervisor Lupe attacked me. I also found the first name of the other janitor who lied to deputy Melgoza about me is Francisco but I’m unsure of his surname. Please see the previous Indymedia post on these cases for photos of the perpetrators and basic information about the incident and the cases.
The August 13 hearing has been postponed but the new date isn’t finalized though it will probably be Thursday 9/24/26 at 1 pm in the afternoon Watsonville Courthouse Department B. It is unfortunate to keep postponing these cases which were both filed in January, but a big advantage is that Cabrillo is out of session in mid-August but will be back in session in September.****
Any journalists, media, or members of the public who want to hear/ see the court trial must attend in person on Thursday September 24th (or whatever day is decided on), 2026, 1:00pm, Department B or as reassigned, Watsonville Courthouse, Superior Court of California County of Santa Cruz; 1 Second Street; Watsonville, CA 95076. However, be advised that I will be appearing virtually via zoom. If the date is other than September 24th, it will be updated in the comments section. The current official court info for the cases are at the links below under links/ “court filings and info” for each case.
After the hearing I will be available by email or phone please contact Jim Vivian Jim.Vivian [at] yahoo.com 1.408.634-9749 phone or text.
Links to evidence etc:
The youtube playlist starts with the most important second video chronologically: the assault & battery/ hit-and-run video. This is the only known video of the physical attacks on me. Deputy Melgoza was not present during this time period. This video is under a minute and a half in length https://www.youtube.com/playlist?list=PLPvROUJzne8DV_JGnlbDup-9dOaft6vpx.
*The high action parts of the video are a blur at full speed. To view the youtube videos frame by frame, pause the video and press . to go forward or, to go backwards. Lupe’s violence in the assault & battery video takes place between 0:59 thru 1:03 and at the end 1:25
Court filings and info re: case 26CV00126 ; James Robert Vivian Plaintiff, Cabrillo College Defendant
https://portal.santacruzcourt.org/app/RegisterOfActions/#/CAC006E76AC815BEAE0895779D46A31A2FA6CA25F20946EFE5802DDB7A9147CD/anon/portalembed
Court filings and info re: case 26CV00148; James Robert Vivian Plaintiff, Michelle Donohue and Cabrillo College Defendant
https://portal.santacruzcourt.org/app/RegisterOfActions/#/65D2A107DA640CCDF582D1899B6B3C755B9F2A143BAA4456B622A3A78CF09A3B/anon/portalembed
Deputy Melgoza body cam videos when he was present (he was away during the violent attack on me)
https://www.youtube.com/watch?v=9ujwqlmAdLY&t=154s
https://www.youtube.com/watch?v=Tgx_9u8WcmM&t=312s
“Senior Citizen Student Violently Attacked and Injured by Cabrillo College staff; Community help needed to Identify the Cabrillo staff Perpetrators from Videos and Photos”
https://www.indybay.org/newsitems/2026/04/10/18885495.php
This post is an update to the post above:
The student’s Case 26CV00126 is vs. Cabrillo College regarding Cabrillo staff assault & battery, hit & run with a Cabrillo truck, intimidation of a witness to a false report to police, slander, and more during an incident where the plaintiff was a student eating dinner peacefully and tidily in an open student cafeteria when he was disrupted by a deputy sheriff who had received a false report of making a mess and causing trouble; and a second lawsuit case 26CV00148 which is classified by the court as regarding “violation of Codes” including covering up of the above crimes by Cabrillo College Administration including Michelle Donohue, breaking Cabrillo’s written policies and the law to weaponize the student disciplinary process to retaliate against a student victim and whistleblower, and other tortious acts.
Cabrillo College Vice President of Human Resources and Labor Relations--and Attorney—Angela Hoyt has filed a written request to Judge Denine Guy asking for a court order to dismiss two small claims court cases against Cabrillo College and Dean of Student Services Michelle Donohue. The primary reasons given by Angela Hoyt of Cabrillo are a repeat of a failed verbal motion asking to get the cases dismissed at the last court hearing regarding Cabrillo saying they didn’t receive the original claims the complaints that these lawsuits are based on; and claims of immunity for Cabrillo and Donohue based on Donohue being a high level administrator working for Cabrillo, a state government entity as a California Community College.
Specifically, Cabrillo College VP/ Attorney Hoyt wrote “Defendant Michelle Donohue is Immune From Liability and Should Be Dismissed if Case 26CV00148 is Permitted to Proceed…plaintiff has named Michelle Donohue, who is the DSS as a Defendant. The allegations made by Plaintiff against her are entirely in her capacity of as an employee of Cabrillo College, such as “misappropriation of public funds-taxpayers’ money; coverup of multiple on-campus crimes in which plaintiff was victim; weaponization of the student disciplinary processes; refusal of due process to plaintiff including failure to provide for hearing under Cabrillo College Student Rights and Responsibilities written policies and procedures including refusing to allow evidence submission until 2 days before the hearing, interfering with plaintiff‘s right to question witness, breach of contract; libel, defamation.”
The Tort Claims Act provides that “a public employee is not liable for an injury resulting from his act or omission where the act or omission was the result of the exercise of the discretion vested in him, whether or not that discretion be abused” (Gov’t Code Section 820.2)” and “Additionally, “[a] public employee is not liable for injury caused by his instituting or prosecuting and judicial or administrative proceeding within the scope of his employment, even if he acts maliciously and without probable cause.” (Gov’t Code Section 821.6)”. Also applies to Donohue, whose pronoun is “she”.
As plaintiff, I argued in my Answer (plaintiff response to Cabrillo Attorney Hoyt’s filing), among other things, that many of these issues are ministerial (procedural) rather than discretionary (using judgement, even if abused, done maliciously, or without probable cause) duties for the Dean of Student Services Office, including by Donohue’s Administrative Assistant; and that even the discretionary but abusive/malicious/without probable cause matters are also in violation of other California statutory requirements (i.e. “violation of Codes”) which negates the immunity under the aforementioned Gov’t Code Section 820.2. I am also arguing legal “actual malice” and other violations of Civil Code Section 3294; and other limitations of the government immunity defense; among other arguments. Any kind of California statute (Code) can bar even government employees’ abuse-of-discretion-based issues. For example Education Code Section 66017 allows for immediate suspension of a student under some circumstances, “provided that a reasonable opportunity be afforded the suspended person for a hearing within 10 days.[emphasis added] “.Re case26CV00148 the “charges” (i.e. Allegations) were not even given to me until January 3, 2025, more than 4 weeks after the 12/5/2024 incident; and on January 3, 2025 the hearing was initially scheduled for January 21st, 18 days plus 4 weeks after the incident (6 weeks plus 4 days or 46 days total after the incident the disciplinary “charges” against me were based on.
In addition, for no valid reason plaintiff was unlawfully detained/ falsely imprisoned and issued a 24+ day stay away notice, purportedly under Penal Code section 626.4; but Penal Code Section 626.4 allows a MAXIMUM of a 14 day stay away notice. Plaintiff brought this matter up on 12/12/24 in an early morning email to Donohue, within the first few hours that he was able to type again after getting his right (dominant) hand and fingers injured during the assault & battery and hit and run incident which is the basis for case 26CV00126. Donohue ignored the plaintiff’s questions about the length of the stay away order and then during the hearing when the plaintiff was questioning Deputy Melgoza about this matter Donohue interrupted and instead of answering spouted a slew of platitudes regarding Cabrillo College and said things that are inconsistent with the Student Rights and Responsibilities Handbook policies (see case 26CV00148 Exhibit 1 and Exhibit 3 (transcript of disciplinary hearing recording) and Exhibit 4 video recording of the disciplinary hearing posted on youtube as public. The Penal Code 626.4 issue described above is but one of many instances where a California statute trumps any potential immunity in the case if it was discretionary. If it was ministerial, it was already exempt from the government administrator immunity provisions. There are many other limits on government employee immunity privileges/ sovereign immunity provisions including California statutes that work in my favor eliminating government administrator immunity including the Tom Bain Civil Rights Act, Mandatory Reporter Laws (as these are also an elder abuse cases as I am 66 years old), Whistleblower protection laws, and others. The coverup also included Cabrillo College making a false crime report –illegally excluding the on-campus crimes against me—in violation of the Jeanne Clery Campus Safety Act and other statutes.
Regarding Cabrillo Attorney Hoyt’s claim in her filing that the plaintiff didn’t file the original claim correctly, the court already ruled against dismissing the cases in a verbal motion on the same thing by Cabrillo Attorney Hoyt at the 4/16/26 hearing --The court (Judge Guy) already said “we’re not doing that” re: defendants’ request to dismiss both of these cases among other things and denied Cabrillo’s verbal motion. I have presented evidence that I had filed the claim on time at the address the Government Claim Form said to file at, had a certified mail return receipt that they had received it 5 days after mailing, and cashed my check for the $25 fee 3 days after that. Also, at the 4/16/26 hearing, the judge ordered me to also have the claim formally served (by an independent resident adult not a party to the cases) on the Cabrillo College President’s Office by 4/22/26 and I have successfully done that in full compliance with the court order, which Cabrillo doesn’t deny. In fact, they responded by rejecting all 3 claims I sent them. However, they are now complaining that the claim—which was by necessity served between 4/16/26 and 4/22/26, was not served backwards in time to 2025. So Cabrillo is repeating their failed verbal motion and filed it in written form, complaining essentially that time did not warp during the formal service of the claim.
Judge Guy is expected to make her decisions on these matters very soon based on the written filings by both sides.
In her latest court filing, Cabrillo Attorney Hoyt also said “‘State officers and employees are encouraged to investigate and prosecute matters within their purview without fear of reprisal from the person or entity harmed thereby.’).)” But apparently this doesn’t apply when Cabrillo College is being disciplined by the Dental Hygiene Board of California, as explained in a recently published article by Hillary Ojeda in Lookout Santa Cruz https://lookout.co/after-scathing-state-board-report-5000-fine-and-probation-cabrillo-college-clears-most-dental-hygiene-program-violations/story
“The program’s violations, first reported by Santa Cruz Local, not only raised concerns about the school’s management of the program but they also provided insight into how Cabrillo’s leadership responds when being held accountable by an outside agency.
From February through the spring, the state board and Cabrillo officials, including College President Jenn Capps, debated the allegations, with Capps at one point threatening to file a complaint against a board specialist who cited the college and the board’s executive officer defending the official.”
In the Santa Cruz Local article by B. Sakura Cannestra, https://santacruzlocal.org/2026/06/28/cabrillo-college-dental-hygiene-faculty-students-allege-toxic-work-and-learning-environment/, the behavior of Angela Hoyt herself is featured along with other Cabrillo College Administrators regarding this fiasco.
Both articles are essential reading for anyone wanting to understand what really goes on at Cabrillo College.
You may be wondering why Active California Bar Attorney Angela Hoyt is allowed to appear in small claims court at all, which supposedly bars lawyers from participating under Code of Civil Procedure Section 116.530(a) unless they meet the exceptions in (b) which Angela Hoyt doesn’t but somehow she is allowed to represent Cabrillo and also essentially act as Donohue’s attorney in Small Claims Court. Judge Guy said on 4/16/26 that since Hoyt was casually dressed in a Cabrillo College sweatshirt during the 4/16/26 hearing that Hoyt was not acting as attorney, but this is not based in law (see CCP 116.530(b) for exceptions to part (a)).
Of course Government Code Section 821.6 raises a lot of issues about the “scope” of Donohue’s employment, a lot of which is addressed in evidence for both case 26CV00148, including Exhibits of Cabrillo College website propaganda about the Dean of Student Services Office, and Michelle Donohue’s job description as Cabrillo College’s Dean of Student Services which requires her to act in a manner consistent with the mission of Cabrillo College, including it’s stated values, purposes, goals, etc. Donohue has acted specifically AGAINST the Cabrillo College mission re: both cases. Donohue’s job description was obtained during discovery and is included in the plaintiff’s evidence.
Also from discovery, I received deputy sheriff Melgoza’s body camera footage in two parts that are posted as public on you tube along with all the other videos named “School Check”. The body cam footage is better quality than the second, fourth, fifth, and part of the sixth videos taken by me on my cell phone or tablet during the incident, but deputy Melgoza wasn’t present for time period covered by the first, part of the third, and most of the sixth videos. The first video in the playlist is when janitorial supervisor Lupe attacked me. I also found the first name of the other janitor who lied to deputy Melgoza about me is Francisco but I’m unsure of his surname. Please see the previous Indymedia post on these cases for photos of the perpetrators and basic information about the incident and the cases.
The August 13 hearing has been postponed but the new date isn’t finalized though it will probably be Thursday 9/24/26 at 1 pm in the afternoon Watsonville Courthouse Department B. It is unfortunate to keep postponing these cases which were both filed in January, but a big advantage is that Cabrillo is out of session in mid-August but will be back in session in September.****
Any journalists, media, or members of the public who want to hear/ see the court trial must attend in person on Thursday September 24th (or whatever day is decided on), 2026, 1:00pm, Department B or as reassigned, Watsonville Courthouse, Superior Court of California County of Santa Cruz; 1 Second Street; Watsonville, CA 95076. However, be advised that I will be appearing virtually via zoom. If the date is other than September 24th, it will be updated in the comments section. The current official court info for the cases are at the links below under links/ “court filings and info” for each case.
After the hearing I will be available by email or phone please contact Jim Vivian Jim.Vivian [at] yahoo.com 1.408.634-9749 phone or text.
Links to evidence etc:
The youtube playlist starts with the most important second video chronologically: the assault & battery/ hit-and-run video. This is the only known video of the physical attacks on me. Deputy Melgoza was not present during this time period. This video is under a minute and a half in length https://www.youtube.com/playlist?list=PLPvROUJzne8DV_JGnlbDup-9dOaft6vpx.
*The high action parts of the video are a blur at full speed. To view the youtube videos frame by frame, pause the video and press . to go forward or, to go backwards. Lupe’s violence in the assault & battery video takes place between 0:59 thru 1:03 and at the end 1:25
Court filings and info re: case 26CV00126 ; James Robert Vivian Plaintiff, Cabrillo College Defendant
https://portal.santacruzcourt.org/app/RegisterOfActions/#/CAC006E76AC815BEAE0895779D46A31A2FA6CA25F20946EFE5802DDB7A9147CD/anon/portalembed
Court filings and info re: case 26CV00148; James Robert Vivian Plaintiff, Michelle Donohue and Cabrillo College Defendant
https://portal.santacruzcourt.org/app/RegisterOfActions/#/65D2A107DA640CCDF582D1899B6B3C755B9F2A143BAA4456B622A3A78CF09A3B/anon/portalembed
Deputy Melgoza body cam videos when he was present (he was away during the violent attack on me)
https://www.youtube.com/watch?v=9ujwqlmAdLY&t=154s
https://www.youtube.com/watch?v=Tgx_9u8WcmM&t=312s
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