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AVFCA Lawyers Convince Judge Titer Testing
in Lieu of School Vaccine Requirements Has Standing!
AVFCA's Case Moves to Discovery!

Before I get to the great news, I would like to personally thank all those who have sent me well wishes and prayers for my mom who has taken a turn for the worse, and was the reason AVFCA postponed our Gala!

After nearly two years of litigation and relentless efforts by California State attorneys to dismiss our case, A Voice for Choice Advocacy's lawyers have achieved a significant victory. The judge in AVFCA’s Titer Testing case ruled that one of the eight Causes of Action has merit and two others also stand. This case is officially moving forward - dismissal denied !

Specifically, the Court ruled:

"While the Court finds the bare allegation that Polio Type 2 has been eradicated as potentially dubious, that is a matter liberally construed at demurrer. The requirement in finding administrative mandamus is that Defendants have abused their discretion by: (1) 'the respondent has not proceeded in the manner required by law,' (2) the 'decision is not supported by the findings,' or (3) 'the findings are not supported by the evidence.' CCP § 1094.5(b).

If Defendants are truly denying Minor’s exemption predicated on an entirely eradicated disease for which there is no applicable titer test, those appear to be facts sufficient to plead an abuse of discretion. Excluding Minor from school for failure to show immunity to a disease which poses neither risk to the Minor, nor the population at large is not a finding supported by the evidence. Accordingly, Plaintiff has pled sufficient facts to state a cause of action for administrative mandamus."

This means we can now proceed to discovery, gathering evidence to show that the California Department of Public Health (CDPH) acted unreasonably, arbitrarily, and capriciously in denying the child's Medical Exemption. Our ultimate goal: to secure a court order allowing titer testing in lieu of vaccination requirements for school entry in California.

Background: On August 11, 2023, A Voice for Choice Advocacy’s legal team filed a lawsuit on behalf of a child with documented immunity to all required diseases, supported by titer testing and vaccination history. Although the child’s doctor issued a medical exemption, it was revoked by the California Department of Public Health (CDPH). Despite posing no risk to others, the child was excluded from school under California law, which does not recognize titer testing as a valid alternative to vaccination—unlike most other states, the University of California, and the California State University systems. The case challenges this policy, advocating for the acceptance of titer testing where immunity can be proven—offering a science-based alternative that respects parental rights and protects children’s health.

Since filing, the case has been amended twice in response to the State’s efforts to dismiss it, making it a stronger case each time.

On May 29, 2025, the case reached a key milestone. The judge issued a Tentative Ruling (adopted in full) sustaining the demurrer without leave to amend for five of the six causes of action—but overruling the demurrer as to the Third Cause of Action (Writ of Mandate – Code Civ. Proc. § 1094.5). That claim now proceeds to the next phase.

Additionally, the Court was surprised to learn that PCS, the child’s school, had failed to respond to two causes of action. Although plaintiffs requested a default ruling, the Court granted PCS 15 days to respond. These claims assert that PCS violated Education and Government Codes by excluding the child despite proven immunity.

To review the full case timeline and access all court filings, visit:
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What’s Next? The case now enters the discovery phase, where our legal team will request evidence and testimony to support our claims. This is a critical step in showing the court that CDPH acted unlawfully and that titer testing should be recognized as valid proof of immunity for school attendance.

AVFCA Needs YOUR HELP to do that!
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Lawsuits take time and are very expensive. AVFCA's legal team is prepared to take this case all the way to the Supreme Court. While AVFCA's legal team generously charges us a discounted hourly rate, this lawsuit will require hundreds of hours of their time and will likely cost hundreds of thousands of dollars. Thus far this case has cost over $100,000, and we have a long way to go! AVFCA has taken on paying for this lawsuit because of our passion for Health Rights and Medical Freedom, as well as our desire to ensure science based evidence when it comes to vaccine mandates. But AVFCA is completely funded by donations made by you. So we need your help TODAY. If you want to see children have access to school without being fully vaccinated at please donate today, so we can ensure this lawsuit will bring health rights and medical freedom back to California’s children. AVFCA does not often ask for donations, but this is one of those times...

Please DONATE TODAY!

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For other ways to donate and support A Voice for Choice, please go to our website: [link removed] [[link removed]]

Thank you in advance for your generosity. Together we can make change happen!

C
Christina Hildebrand
President/Founder
A Voice for Choice Advocacy, Inc.
[email protected] [[email protected]]
www.AVoiceForChoiceAdvocacy.org [[link removed]]
www.avoiceforchoiceadvocacy.org [www.avoiceforchoiceadvocacy.org]
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A Voice for Choice Advocacy
530 Showers Drive, #7404
Mountain View, CA 94040
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