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Former University of California Hastings College of the Law, now known as University of California College of the Law, San Francisco, faced a setback in a lawsuit over its name change. Descendants of Serranus Hastings, the school’s namesake, have been suing to prevent the name change, and a recent decision by the California appeals court cleared the way for the case to proceed.
The legal battle revolves around the school’s decision to change its name, which was met with opposition from a group of alumni and six descendants of Serranus Hastings. In October, these individuals filed a lawsuit against the state and school officials, seeking to halt the name change. However, in December, a San Francisco judge denied their request for a preliminary injunction to block the name change.
The recent development came as the California appeals court affirmed the dismissal of a motion brought by law school officials. The officials had filed an anti-SLAPP (Strategic Lawsuit Against Public Participation) motion, arguing that the name change constituted protected public activity. However, the appellate court ruled that the plaintiffs’ suit was based on the name change legislation and not on the speech rights of the school officials, therefore denying the defendants’ motion.
John DiPaolo, general counsel for the University of California College of the Law, San Francisco, expressed confidence in the school’s legal rights to remove the Hastings name. He stated that the officials believed they had “full legal rights” to make the name change.
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The controversy surrounding the name change stems from the history of Serranus Hastings, a California Supreme Court justice and the school’s founder. While he played a significant role in establishing the law school, historians have revealed that he was also involved in orchestrating the killings of Native Americans to clear ranch land he had purchased in Northern California.
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In response to the concerns raised about the namesake’s legacy, state lawmakers passed a bill in 2022 to change the school’s name at the law school’s request. The officials had spent several years deliberating the implications of retaining the Hastings name.
The lawsuit by the alumni and Hastings descendants challenges the name change legislation and aims to preserve the Hastings name. The plaintiffs argue that the school and state officials should be prevented from dropping the Hastings name.
With the recent decision by the California appeals court, the case will now proceed at the trial court level. Attorney Gregory Michael, representing the defendants, expressed their eagerness to return to the trial court and uphold the contractual rights secured by the college’s founder, S.C. Hastings. They aim to resolve the matter and clarify the issue of the college’s name for the entire Hastings community.
As the legal battle continues, the former University of California Hastings College of the Law, now known as the University of California College of the Law, San Francisco, remains embroiled in a dispute over its name change. The outcome of the lawsuit will determine whether the school can proceed with its new name or if it will be required to retain the Hastings name, preserving the legacy of its controversial founder.
