California Codes

Cal. Civil Code § 52 (2026)

✓ current as of May 2026

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(a)Whoever denies, aids or incites a denial, or makes any discrimination or distinction contrary to Section 51, 51.5, or 51.6, is liable for each and every offense for the actual damages, and any amount that may be determined by a jury, or a court sitting without a jury, up to a maximum of three times the amount of actual damage but in no case less than four thousand dollars ($4,000), and any attorney’s fees that may be determined by the court in addition thereto, suffered by any person denied the rights provided in Section 51, 51.5, or 51.6.

(b)Whoever denies the right provided by Section 51.7 or 51.9, or aids, incites, or conspires in that denial, is liable for each and every offense for the actual damages suffered by any person denied that right and, in addition, the following:

(1)An amount to be determined by a jury, or a court sitting without a jury, for exemplary damages.

(2)A civil penalty of twenty-five thousand dollars ($25,000) to be awarded to the person denied the right provided by Section 51.7 in any action brought by the person denied the right, or by the Attorney General, a district attorney, or a city attorney. An action for that penalty brought pursuant to Section 51.7 shall be commenced within three years of the alleged practice.

(3)Attorney’s fees as may be determined by the court.

(c)Whenever there is reasonable cause to believe that any person or group of persons is engaged in conduct of resistance to the full enjoyment of any of the rights described in this section, and that conduct is of that nature and is intended to deny the full exercise of those rights, the Attorney General, any district attorney or city attorney, or any person aggrieved by the conduct may bring a civil action in the appropriate court by filing with it a complaint. The complaint shall contain the following:

(1)The signature of the officer, or, in the officer’s absence, the individual acting on behalf of the officer, or the signature of the person aggrieved.

(2)The facts pertaining to the conduct.

(3)A request for preventive relief, including an application for a permanent or temporary injunction, restraining order, or other order against the person or persons responsible for the conduct, as the complainant deems necessary to ensure the full enjoyment of the rights described in this section.

(d)Whenever an action has been commenced in any court seeking relief from the denial of equal protection of the laws under the Fourteenth Amendment to the Constitution of the United States on account of race, color, religion, sex, national origin, or disability, the Attorney General or any district attorney or city attorney for or in the name of the people of the State of California may intervene in the action upon timely application if the Attorney General or any district attorney or city attorney certifies that the case is of general public importance. In that action, the people of the State of California shall be entitled to the same relief as if it had instituted the action.

(e)Actions brought pursuant to this section are independent of any other actions, remedies, or procedures that may be available to an aggrieved party pursuant to any other law.

(f)Any person claiming to be aggrieved by an alleged unlawful practice in violation of Section 51 or 51.7 may also file a verified complaint with the Civil Rights Department pursuant to Section 12948 of the Government Code.

(g)This section does not require any construction, alteration, repair, structural or otherwise, or modification of any sort whatsoever, beyond that construction, alteration, repair, or modification that is otherwise required by other provisions of law, to any new or existing establishment, facility, building, improvement, or any other structure, nor does this section augment, restrict, or alter in any way the authority of the State Architect to require construction, alteration, repair, or modifications that the State Architect otherwise possesses pursuant to other laws.

(h)For the purposes of this section, “actual damages” means special and general damages. This subdivision is declaratory of existing law.

(i)Subdivisions (b) to (f), inclusive, shall not be waived by contract except as provided in Section 51.7.

Notes of Decisions

Cited in 526 cases (283 in the last 5 years), 1947–2026 · leading case: Kathleen Lentini v. California Ctr. for the Arts, Escondido Alan Corbin Randy Vogel, & Does 1-10, 370 F.3d 837 (9th Cir. 2004).

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Kathleen Lentini v. California Ctr. for the Arts, Escondido Alan Corbin Randy Vogel, & Does 1-10, 370 F.3d 837 (9th Cir. 2004). · cites it 4× “” 11 Under California Civil Code § 52, a court can award actual damages and an amount up to three times the actual damages for a violation of the Unruh Act, “but in no case less than [$1,000].”

Molski v. Evergreen Dynasty Corp., 500 F.3d 1047 (9th Cir. 2007). · cites it 3× “Cal. Civ.Code § 52(a). Thus, Mol-ski usually sought damages of not less than $4000 for each day that a facility did not comply with the ADA.”

Munson v. Del Taco, Inc., 208 P.3d 623 (Cal. 2009). · cites it 4× “548(f)(5)): “(1) ‘Must a plaintiff who seeks damages under California Civil Code section 52, claiming the denial of full and equal treatment on the basis of disability in violation of the Unruh Civil Rights Act (Civ.”

Rafael Arroyo, Jr. v. Carmen Rosas, 19 F.4th 1202 (9th Cir. 2021). “See CAL. CIV. CODE § 52(a); id. § 55.56(a), (f).”

Schutza v. Cuddeback, 262 F. Supp. 3d 1025 (S.D. Cal. 2017). “]” Cal. Civ. Code § 52 (a). “The litigant need not prove she suffered actual damages to recover the independent statutory damages of $4,000.”

Org. for the Advancement of Minorities With Disabilities Suing on Behalf of Its Members v. Brick Oven Restaurant, 406 F. Supp. 2d 1120 (S.D. Cal. 2005). · cites it 5× “00 *1124 pursuant to Cal. Civil Code § 52 for each and every offense of Cal.”

Vogel v. Rite Aid Corp., 992 F. Supp. 2d 998 (C.D. Cal. 2014). · cites it 3× “3d at 731 (citing Cal. Civ. Code § 52 (a)). A violation of the ADA necessarily violates the Unruh Act, Cal.”

Marjati Winarto v. Toshiba Am. Elec. Components, Inc., Roger E.A. Taylor, Wayne Liem, Bill McKinley Ron Birtch, Nancy Alexander, 274 F.3d 1276 (9th Cir. 2001). · cites it 3× “59 Toshiba also contends that punitive damages are not recoverable against it under the FEHA and California Civil Code Section 52(b) unless an officer, director, or managing agent of the employer ratified or authorized wrongful conduct.”

Gates v. Superior Court, 95 Cal. Daily Op. Serv. 1146 (Cal. Ct. App. 1995). · cites it 6× “Sixth Cause of Action The sixth cause of action was entitled: "(Violation of Civil Rights) [CIVIL CODE SECTION 52]." The sixth cause of action adopted all of the other allegations of the first amended complaints.”

Ramirez v. Wong, 188 Cal. App. 4th 1480 (Cal. Ct. App. 2010). · cites it 7× “3 (Civ. Code, § 52, subd. (a).) Plaintiffs argue that Valdez entered their apartment “because they are single females,” and that a reasonable trier of fact could conclude they “were discriminated [against] on the basis of sex and/or marital status.”

Walnut Creek Manor v. Fair Emp. & Hous. Comm'n, 814 P.2d 704 (Cal. 1991). · cites it 4× “) [5] Civil Code section 52 provides in pertinent part: "(a) Whoever denies, .”

D.C. v. Harvard-Westlake Sch., 176 Cal. App. 4th 836 (Cal. Ct. App. 2009). · cites it 4× “(Civ. Code, § 52, subds. (b), (c), as amended by Stats.”

Show all 526 citing cases →

— Cal. Civil Code § 52(a) — 89 cases

Molski v. Evergreen Dynasty Corp., 500 F.3d 1047 (9th Cir. 2007). “Cal. Civ.Code § 52(a). Thus, Mol-ski usually sought damages of not less than $4000 for each day that a facility did not comply with the ADA.”

Rafael Arroyo, Jr. v. Carmen Rosas, 19 F.4th 1202 (9th Cir. 2021). “See CAL. CIV. CODE § 52(a); id. § 55.56(a), (f).”

Kathleen Lentini v. California Ctr. for the Arts, Escondido Alan Corbin Randy Vogel, & Does 1-10, 370 F.3d 837 (9th Cir. 2004). “” 11 Under California Civil Code § 52, a court can award actual damages and an amount up to three times the actual damages for a violation of the Unruh Act, “but in no case less than [$1,000].”

Gordon v. Virtumundo, Inc., 575 F.3d 1040 (9th Cir. 2009).

Org. for the Advancement of Minorities With Disabilities Suing on Behalf of Its Members v. Brick Oven Restaurant, 406 F. Supp. 2d 1120 (S.D. Cal. 2005). “00 *1124 pursuant to Cal. Civil Code § 52 for each and every offense of Cal.”

— Cal. Civil Code § 52(b) — 5 cases

Marjati Winarto v. Toshiba Am. Elec. Components, Inc., Roger E.A. Taylor, Wayne Liem, Bill McKinley Ron Birtch, Nancy Alexander, 274 F.3d 1276 (9th Cir. 2001). “59 Toshiba also contends that punitive damages are not recoverable against it under the FEHA and California Civil Code Section 52(b) unless an officer, director, or managing agent of the employer ratified or authorized wrongful conduct.”

Rose v. City of Los Angeles, 814 F. Supp. 878 (C.D. Cal. 1993).

Davis v. City of San Jose, 69 F. Supp. 3d 1001 (N.D. Cal. 2014).

McKenna v. Permanente Med. Grp., Inc., 894 F. Supp. 2d 1258 (E.D. Cal. 2012).

Williams v. City of Pleasanton (N.D. Cal. 2022).

— Cal. Civil Code § 52(b)(2) — 1 case

Stiener v. Apple Comput., Inc., 556 F. Supp. 2d 1016 (N.D. Cal. 2008).

— Cal. Civil Code § 52(b)(3) — 3 cases

(PS) Gaines v. Costco Wholesale Corp. (E.D. Cal. 2021).

Johnson v. Baird Lands, Inc. (N.D. Cal. 2020).

Rivera v. Crema Coffee Co. LLC (N.D. Cal. 2020).

— Cal. Civil Code § 52(c) — 3 cases

Howard L. Chabner v. United of Omaha Life Ins. Co., 225 F.3d 1042 (9th Cir. 2000).

Chabner v. United of Omaha Life Ins., 994 F. Supp. 1185 (N.D. Cal. 1998).

Reichardt v. Life Ins. Co. of North Am., 485 F. Supp. 56 (N.D. Cal. 1979).

— Cal. Civil Code § 52(c)(3) — 2 cases

Enyart v. Nat'l Conf. of Bar Examiners, Inc., 823 F. Supp. 2d 995 (N.D. Cal. 2011).

Stevens v. Optimum Health Inst.-san Diego, 810 F. Supp. 2d 1074 (S.D. Cal. 2011).

— Cal. Civil Code § 52(e) — 2 cases

C.B. v. Sonora Sch. Dist., 691 F. Supp. 2d 1123 (E.D. Cal. 2009).

Wolitarsky v. Blue Cross of California, 97 Cal. Daily Op. Serv. 1718 (Cal. Ct. App. 1997).

— Cal. Civil Code § 52(h) — 2 cases

Molski v. Gleich, 318 F.3d 937 (9th Cir. 2003).

Molski v. Gleich, 307 F.3d 1155 (9th Cir. 2002).

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