Non-Eagle Scout's Lawsuit Thrown Out

Appellant Andrew Kim (Kim) filed suit seeking an order compelling respondent
Southern Sierra Council Boy Scouts of America (Boy Scouts) to promote him to the rank of Eagle Scout. The trial court determined that Kim had not pled a legally valid cause of action and sustained respondent�s demurrer without leave to amend. As we also conclude that Kim cannot allege facts sufficient to state a cause of action under any legal theory, we will affirm.


Kim was a member of the Boy Scouts. He was not promoted to the rank of Eagle Scout on or before his 18th birthday. (One reasonably may infer from the operative pleading that a boy must meet eligibility requirements for rank promotion on or before this day.) Kim sued the Boy Scouts and two individuals: Cindy Basheem, who was an officer and member of the advancement committee, and John Street, who was the scout master and chief administrative officer. Basheem and Street were later dismissed. In Kim�s �Second Amended Complaint for Fair Procedure,� Kim alleged that he was denied the opportunity to be promoted to the rank of Eagle Scout because he was given incomplete and misleading information concerning the activities he was required to complete in order to be eligible for promotion. Kim also alleged that he had satisfied the minimum eligibility requirements that were conveyed to him.

The case was decided today by California's Court of Appeal, Fifth Appellate District. The decision in Andrew Kim v. Southern Sierra Council Boy Scouts of America can be read in full here.