Unruh Civil Rights Act claim (California) · Go Syfert
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Unruh Civil Rights Act claim in California

17 California opinions name it 2 courts 1992–2026 5 in the last five years

The cases below were cited by California courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (14)

CaseFollowedCited
Harris v. Capital Growth Investors XIVgreen
cal · 1991 · cited in 4 California opinions naming this issue, 2000–2007
2 sentences

2007(Harris, supra, 52 Cal.3d at p. 1155.) 11 The Harris court further held that, in evaluating the viability of an Unruh Civil Rights Act claim based upon a category not enumerated in the statute or identified in a prior appellate decision, one of the questions in the three-part test is whether the new claim “is based on a classification that involves personal.characteristics.” ( Koebke, supra, 36 Cal.4th at p. 841 .) Since Long, supra, 216 Cal.App.3d 1287 , held that the Act prohibited arbitrary discrimination on the basis of one’s occupation, we need not engage in the three-part Harris test tha

2001Exchange, supra, 6 Cal.App.4th at pp. 1462-1465; Gayer v. Polk Gulch, Inc., supra, 231 Cal.App.3d at p. 521 .) The Hessians attempt to stake out an Unruh Civil Rights Act claim here by characterizing their exclusion from the bar as discrimination based on unconventional appearance—a nonenumerated classification recognized in In re Cox, supra, 3 Cal.3d 205, 217-218 , and reaffirmed in Harris, supra, 52 Cal.3d at page 1155 .

14
Sunrise Country Club Assn. v. Proudgreen
calctapp · 1987 · cited in 1 California opinions naming this issue, 2026–2026
1 sentence

2026Insufficient allegations of discriminatory intent The Unruh Civil Rights Act mandates that all persons “are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments of every kind whatsoever.” (Civ. Code, § 51, subd. (b).) Through its enactment, “the Legislature intended to ban all forms of arbitrary discrimination in public accommodations. [Citation.]” 10 (Koebke v. Bernardo Heights Country Club (2005) 36 Cal.4th 824, 840 .) To state an Unruh Civil Rights Act claim, “a plaintiff must allege the defendant is a business establi

11
Gatto v. County of Sonomagreen
calctapp · 2002 · cited in 1 California opinions naming this issue, 2022–2022
1 sentence

2022(See Gatto v. County of Sonoma (2002) 98 Cal.App.4th 744, 769 [reversing judgment for the plaintiff — to the extent judgment was based on the Unruh Civil Rights Act — on the ground he was not a member of any relevant protected class, and discussing the potential applicability of the Act to a county fair].) Other Courts of Appeal have considered the issue of public-entity defendants and suggested the Act would not apply to them, but, here too, none ruled on the issue definitively.

11
Presta v. Peninsula Corridor Joint Powers Boardgreen
cand · 1998 · cited in 1 California opinions naming this issue, 2006–2006
2 sentences

2006A dispute over jury instructions prompted the federal district court judge to write a short opinion slated for publication in the Federal Supplement over whether an Unruh Civil Rights Act claim requires a plaintiff to prove “that the defendant harbored discriminatory intent.” (See Presta, supra, 16 F.Supp.2d at p. 1135 .) In rejecting defendant jury instructions which would have told the jury that plaintiff had to show the “ ‘discrimination was unreasonable, arbitrary, or invidious’ ” (Presta, supra, 16 F.Supp.2d at p. 1136 ), the court reasoned that the federal ADA (specifically title II, 42

2006In Presta the facts were extremely simple: On numerous occasions the plaintiff, a person of severely limited mobility, was not given sufficient time to board and disembark an Amtrak train, and in fact was treated “rudely when she asked for assistance.” (Presta, supra, 16 F.Supp.2d at p. 1135 .) The plaintiff brought an ADA action in federal court, and appended to it an Unruh Civil Rights Act violation claim as well as to a Disabled Persons Act claim under section 54.

11
Wilson v. Fair Employment & Housing Commissiongreen
calctapp · 1996 · cited in 1 California opinions naming this issue, 2004–2004
2 sentences

2004We therefore do not address the possibility of such a complaint filed directly with the court without prior administrative action.” (Wilson, supra, 46 Cal.App.4th at p. 1224, fn. 7 , italics added.) In contrast, the present case does not involve a question of jurisdiction between two administrative agencies, plaintiff’s claim does not allege discriminatory conduct, and Proposition 103 expressly authorizes this suit: Under section 1861.10, subdivision (a), “[a]ny person may . . . enforce any provision of this article,” including section 1861.02, subdivision (c), which prohibits an insurer from

2004In holding that the commissioner had jurisdiction, the court pointed out that, under Proposition 103, the commissioner is vested with authority to determine “whether a rate is . . . unfairly discriminatory.” (Wilson, supra, 46 Cal.App.4th at p. 1222 , quoting § 1861.05, subd. (a).) The court also commented: “[Plaintiff] did not file a complaint in superior court seeking damages or other relief for an Unruh Civil Rights Act violation.

11
Larson v. State Personnel Boardgreen
calctapp · 1994 · cited in 1 California opinions naming this issue, 1996–1996
2 sentences

1996(Cf. Larson v. State Personnel Bd. (1994) 28 Cal.App.4th 265, 273-274 [ 33 Cal.Rptr.2d 412 ].) The FEHC’s jurisdiction of Unruh Civil Rights Act claims is controlled by statute, and in the abstract the statutory analysis is straightforward: The Government Code declares an Unruh Civil Rights Act violation to be an “unlawful practice.” (Gov.

1996(Cf. Larson v. State Personnel Bd. (1994) 28 Cal.App.4th 265, 273-274 [ 33 Cal.Rptr.2d 412 ].) The FEHC’s jurisdiction of Unruh Civil Rights Act claims is controlled by statute, and in the abstract the statutory analysis is straightforward: The Government Code declares an Unruh Civil Rights Act violation to be an “unlawful practice.” (Gov.

11
Sullivan v. County of Los Angelesgreen
cal · 1974 · cited in 1 California opinions naming this issue, 1995–1995
2 sentences

1995Further, unless an immunity otherwise provides, the governmental tort immunities apply to intentional tortious conduct. ( Sullivan v. County of Los Angeles (1974) 12 Cal.3d 710, 720 [ 117 Cal. Rptr. 241 , 527 P.2d 865 ]; Taylor v. Mitzel (1978) 82 Cal. App.3d 665, 673 [ 147 Cal. Rptr. 323 ]; Schonfeld v. City of Vallejo (1975) 50 Cal. App.3d 401, 419 [ 123 Cal. Rptr. 669 ]; Blackburn v. County of Los Angeles (1974) 42 Cal. App.3d 175, 177-178 [ 116 Cal. Rptr. 622 ]; Burgdorf v. Funder (1966) 246 Cal. App.2d 443, 448-449 [ 54 Cal. Rptr. 805 ].) The causes of action at issue in this case allege

1995Further, unless an immunity otherwise provides, the governmental tort immunities apply to intentional tortious conduct. ( Sullivan v. County of Los Angeles (1974) 12 Cal.3d 710, 720 [ 117 Cal. Rptr. 241 , 527 P.2d 865 ]; Taylor v. Mitzel (1978) 82 Cal. App.3d 665, 673 [ 147 Cal. Rptr. 323 ]; Schonfeld v. City of Vallejo (1975) 50 Cal. App.3d 401, 419 [ 123 Cal. Rptr. 669 ]; Blackburn v. County of Los Angeles (1974) 42 Cal. App.3d 175, 177-178 [ 116 Cal. Rptr. 622 ]; Burgdorf v. Funder (1966) 246 Cal. App.2d 443, 448-449 [ 54 Cal. Rptr. 805 ].) The causes of action at issue in this case allege

11
Blackburn v. County of Los Angelesgreen
calctapp · 1974 · cited in 1 California opinions naming this issue, 1995–1995
2 sentences

1995Further, unless an immunity otherwise provides, the governmental tort immunities apply to intentional tortious conduct. ( Sullivan v. County of Los Angeles (1974) 12 Cal.3d 710, 720 [ 117 Cal. Rptr. 241 , 527 P.2d 865 ]; Taylor v. Mitzel (1978) 82 Cal. App.3d 665, 673 [ 147 Cal. Rptr. 323 ]; Schonfeld v. City of Vallejo (1975) 50 Cal. App.3d 401, 419 [ 123 Cal. Rptr. 669 ]; Blackburn v. County of Los Angeles (1974) 42 Cal. App.3d 175, 177-178 [ 116 Cal. Rptr. 622 ]; Burgdorf v. Funder (1966) 246 Cal. App.2d 443, 448-449 [ 54 Cal. Rptr. 805 ].) The causes of action at issue in this case allege

1995Further, unless an immunity otherwise provides, the governmental tort immunities apply to intentional tortious conduct. ( Sullivan v. County of Los Angeles (1974) 12 Cal.3d 710, 720 [ 117 Cal. Rptr. 241 , 527 P.2d 865 ]; Taylor v. Mitzel (1978) 82 Cal. App.3d 665, 673 [ 147 Cal. Rptr. 323 ]; Schonfeld v. City of Vallejo (1975) 50 Cal. App.3d 401, 419 [ 123 Cal. Rptr. 669 ]; Blackburn v. County of Los Angeles (1974) 42 Cal. App.3d 175, 177-178 [ 116 Cal. Rptr. 622 ]; Burgdorf v. Funder (1966) 246 Cal. App.2d 443, 448-449 [ 54 Cal. Rptr. 805 ].) The causes of action at issue in this case allege

11
Taylor v. Mitzelgreen
calctapp · 1978 · cited in 1 California opinions naming this issue, 1995–1995
2 sentences

1995Further, unless an immunity otherwise provides, the governmental tort immunities apply to intentional tortious conduct. ( Sullivan v. County of Los Angeles (1974) 12 Cal.3d 710, 720 [ 117 Cal. Rptr. 241 , 527 P.2d 865 ]; Taylor v. Mitzel (1978) 82 Cal. App.3d 665, 673 [ 147 Cal. Rptr. 323 ]; Schonfeld v. City of Vallejo (1975) 50 Cal. App.3d 401, 419 [ 123 Cal. Rptr. 669 ]; Blackburn v. County of Los Angeles (1974) 42 Cal. App.3d 175, 177-178 [ 116 Cal. Rptr. 622 ]; Burgdorf v. Funder (1966) 246 Cal. App.2d 443, 448-449 [ 54 Cal. Rptr. 805 ].) The causes of action at issue in this case allege

1995Further, unless an immunity otherwise provides, the governmental tort immunities apply to intentional tortious conduct. ( Sullivan v. County of Los Angeles (1974) 12 Cal.3d 710, 720 [ 117 Cal. Rptr. 241 , 527 P.2d 865 ]; Taylor v. Mitzel (1978) 82 Cal. App.3d 665, 673 [ 147 Cal. Rptr. 323 ]; Schonfeld v. City of Vallejo (1975) 50 Cal. App.3d 401, 419 [ 123 Cal. Rptr. 669 ]; Blackburn v. County of Los Angeles (1974) 42 Cal. App.3d 175, 177-178 [ 116 Cal. Rptr. 622 ]; Burgdorf v. Funder (1966) 246 Cal. App.2d 443, 448-449 [ 54 Cal. Rptr. 805 ].) The causes of action at issue in this case allege

11
Schonfeld v. City of Vallejored
calctapp · 1975 · cited in 1 California opinions naming this issue, 1995–1995
2 sentences

1995Further, unless an immunity otherwise provides, the governmental tort immunities apply to intentional tortious conduct. ( Sullivan v. County of Los Angeles (1974) 12 Cal.3d 710, 720 [ 117 Cal. Rptr. 241 , 527 P.2d 865 ]; Taylor v. Mitzel (1978) 82 Cal. App.3d 665, 673 [ 147 Cal. Rptr. 323 ]; Schonfeld v. City of Vallejo (1975) 50 Cal. App.3d 401, 419 [ 123 Cal. Rptr. 669 ]; Blackburn v. County of Los Angeles (1974) 42 Cal. App.3d 175, 177-178 [ 116 Cal. Rptr. 622 ]; Burgdorf v. Funder (1966) 246 Cal. App.2d 443, 448-449 [ 54 Cal. Rptr. 805 ].) The causes of action at issue in this case allege

1995Further, unless an immunity otherwise provides, the governmental tort immunities apply to intentional tortious conduct. ( Sullivan v. County of Los Angeles (1974) 12 Cal.3d 710, 720 [ 117 Cal. Rptr. 241 , 527 P.2d 865 ]; Taylor v. Mitzel (1978) 82 Cal. App.3d 665, 673 [ 147 Cal. Rptr. 323 ]; Schonfeld v. City of Vallejo (1975) 50 Cal. App.3d 401, 419 [ 123 Cal. Rptr. 669 ]; Blackburn v. County of Los Angeles (1974) 42 Cal. App.3d 175, 177-178 [ 116 Cal. Rptr. 622 ]; Burgdorf v. Funder (1966) 246 Cal. App.2d 443, 448-449 [ 54 Cal. Rptr. 805 ].) The causes of action at issue in this case allege

11
Burgdorf v. Fundergreen
calctapp · 1966 · cited in 1 California opinions naming this issue, 1995–1995
2 sentences

1995Further, unless an immunity otherwise provides, the governmental tort immunities apply to intentional tortious conduct. ( Sullivan v. County of Los Angeles (1974) 12 Cal.3d 710, 720 [ 117 Cal. Rptr. 241 , 527 P.2d 865 ]; Taylor v. Mitzel (1978) 82 Cal. App.3d 665, 673 [ 147 Cal. Rptr. 323 ]; Schonfeld v. City of Vallejo (1975) 50 Cal. App.3d 401, 419 [ 123 Cal. Rptr. 669 ]; Blackburn v. County of Los Angeles (1974) 42 Cal. App.3d 175, 177-178 [ 116 Cal. Rptr. 622 ]; Burgdorf v. Funder (1966) 246 Cal. App.2d 443, 448-449 [ 54 Cal. Rptr. 805 ].) The causes of action at issue in this case allege

1995Further, unless an immunity otherwise provides, the governmental tort immunities apply to intentional tortious conduct. ( Sullivan v. County of Los Angeles (1974) 12 Cal.3d 710, 720 [ 117 Cal. Rptr. 241 , 527 P.2d 865 ]; Taylor v. Mitzel (1978) 82 Cal. App.3d 665, 673 [ 147 Cal. Rptr. 323 ]; Schonfeld v. City of Vallejo (1975) 50 Cal. App.3d 401, 419 [ 123 Cal. Rptr. 669 ]; Blackburn v. County of Los Angeles (1974) 42 Cal. App.3d 175, 177-178 [ 116 Cal. Rptr. 622 ]; Burgdorf v. Funder (1966) 246 Cal. App.2d 443, 448-449 [ 54 Cal. Rptr. 805 ].) The causes of action at issue in this case allege

11
Shell Oil Co. v. Richtergreen
calctapp · 1942 · cited in 1 California opinions naming this issue, 1992–1992
11
Watson v. Santa Carmelita Mutual Water Co.green
calctapp · 1943 · cited in 1 California opinions naming this issue, 1992–1992
2 sentences

1992Thus, a cause of action must exist before injunctive relief may be granted. ( Shell Oil Co. v. Richter (1942) 52 Cal. App.2d 164, 168 [ 125 P.2d 930 ].) Accordingly, where the complaint fails to state a cause of action an order granting a preliminary injunction must be reversed. ( Watson v. Santa Carmenita etc. Co. (1943) 58 Cal. App.2d 709, 719 [ 137 P.2d 757 ].) (3) An appeal from an order denying a preliminary injunction does not deprive the trial court of jurisdiction to proceed to try the case on the merits. ( Gray v. Bybee, supra, 60 Cal. App.2d at p. 571 .) If the court can try the case

1992Thus, a cause of action must exist before injunctive relief may be granted. ( Shell Oil Co. v. Richter (1942) 52 Cal. App.2d 164, 168 [ 125 P.2d 930 ].) Accordingly, where the complaint fails to state a cause of action an order granting a preliminary injunction must be reversed. ( Watson v. Santa Carmenita etc. Co. (1943) 58 Cal. App.2d 709, 719 [ 137 P.2d 757 ].) (3) An appeal from an order denying a preliminary injunction does not deprive the trial court of jurisdiction to proceed to try the case on the merits. ( Gray v. Bybee, supra, 60 Cal. App.2d at p. 571 .) If the court can try the case

11
Gray v. Bybeegreen
calctapp · 1943 · cited in 1 California opinions naming this issue, 1992–1992
2 sentences

1992Because the Unruh Civil Rights Act claim was her only basis for a preliminary injunction, Ms. MaJor's appeal from denial of an injunction is now moot. (2) A preliminary injunction is an interim remedy designed to maintain the status quo pending a decision on the merits. ( Gray v. Bybee (1943) 60 Cal. App.2d 564, 571 [ 141 P.2d 32 ].) It is not, in itself, a cause of action.

1992Because the Unruh Civil Rights Act claim was her only basis for a preliminary injunction, Ms. MaJor's appeal from denial of an injunction is now moot. (2) A preliminary injunction is an interim remedy designed to maintain the status quo pending a decision on the merits. ( Gray v. Bybee (1943) 60 Cal. App.2d 564, 571 [ 141 P.2d 32 ].) It is not, in itself, a cause of action.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in California. Read the followed side critically anyway.

Also cited on this issue (17)

CaseCitedYears
Koebke v. Bernardo Heights Country Club green
cal · 2005
2 sentences

2026Insufficient allegations of discriminatory intent The Unruh Civil Rights Act mandates that all persons “are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments of every kind whatsoever.” (Civ. Code, § 51, subd. (b).) Through its enactment, “the Legislature intended to ban all forms of arbitrary discrimination in public accommodations. [Citation.]” 10 (Koebke v. Bernardo Heights Country Club (2005) 36 Cal.4th 824, 840 .) To state an Unruh Civil Rights Act claim, “a plaintiff must allege the defendant is a business establi

2023To state a claim under the Unruh Civil Rights Act, a plaintiff must allege the defendant is a business establishment that intentionally discriminates against and/or denies plaintiff full and equal treatment of a service, advantage, or accommodation based on plaintiff’s protected status. (§§ 51, subd. (b), 51.5; Candelore, supra, 19 Cal.App.5th at pp. 1144-1146; Martinez v. Cot’n Wash, Inc. (2022) 81 Cal.App.5th 1026 , 1036 [“Unless an Unruh Civil Rights Act claim is based on an [Americans with Disabilities Act of 1990] violation,” a plaintiff must prove intentional discrimination].) Intentiona

32007–2026
Angelucci v. Century Supper Club green
cal · 2007
2 sentences

2019It is for the Legislature, too, to consider whether limitations on the current statutory private cause of action might unduly weaken enforcement of the Act or place unwarranted barriers in the *1032 way of those persons who suffer discrimination and whose interests were intended to be served by the Act." ( Id. at p. 179, 59 Cal.Rptr.3d 142 , 158 P.3d 718 .) We also discussed equitable defenses and constitutional limitations on statutory penalties as important safeguards. ( Id. at pp. 179-180, 59 Cal.Rptr.3d 142 , 158 P.3d 718 .) Under the rule proposed here, an individual bringing an Unruh Civ

2019It is for the Legislature, too, to consider whether limitations on the current statutory private cause of action might unduly weaken enforcement of the Act or place unwarranted barriers in the *1032 way of those persons who suffer discrimination and whose interests were intended to be served by the Act." ( Id. at p. 179, 59 Cal.Rptr.3d 142 , 158 P.3d 718 .) We also discussed equitable defenses and constitutional limitations on statutory penalties as important safeguards. ( Id. at pp. 179-180, 59 Cal.Rptr.3d 142 , 158 P.3d 718 .) Under the rule proposed here, an individual bringing an Unruh Civ

22016–2019
In Re Cox green
cal · 1970
2 sentences

2001Exchange, supra, 6 Cal.App.4th at pp. 1462-1465, 8 Cal.Rptr.2d 593 ; Gayer v. Polk Gulch, Inc., supra, 231 Cal. App.3d at p. 521 , 282 Cal.Rptr. 556 .) The Hessians attempt to stake out an Unruh Civil Rights Act claim here by characterizing their exclusion from the bar as discrimination based on unconventional appearance—a nonenumerated classification recognized in In re Cox, supra, 3 Cal.3d 205, 217-218 , 90 Cal.Rptr. 24 , 474 P.2d 993 , and reaffirmed in Harris, supra, 52 Cal.3d at p. 1155 , 278 Cal.Rptr. 614 , 805 P.2d 873 .

2001Exchange, supra, 6 Cal.App.4th at pp. 1462-1465; Gayer v. Polk Gulch, Inc., supra, 231 Cal.App.3d at p. 521 .) The Hessians attempt to stake out an Unruh Civil Rights Act claim here by characterizing their exclusion from the bar as discrimination based on unconventional appearance—a nonenumerated classification recognized in In re Cox, supra, 3 Cal.3d 205, 217-218 , and reaffirmed in Harris, supra, 52 Cal.3d at page 1155 .

22001–2001
Gayer v. Polk Gulch, Inc. green
calctapp · 1991
2 sentences

2001Exchange, supra, 6 Cal.App.4th at pp. 1462-1465, 8 Cal.Rptr.2d 593 ; Gayer v. Polk Gulch, Inc., supra, 231 Cal. App.3d at p. 521 , 282 Cal.Rptr. 556 .) The Hessians attempt to stake out an Unruh Civil Rights Act claim here by characterizing their exclusion from the bar as discrimination based on unconventional appearance—a nonenumerated classification recognized in In re Cox, supra, 3 Cal.3d 205, 217-218 , 90 Cal.Rptr. 24 , 474 P.2d 993 , and reaffirmed in Harris, supra, 52 Cal.3d at p. 1155 , 278 Cal.Rptr. 614 , 805 P.2d 873 .

2001Exchange, supra, 6 Cal.App.4th at pp. 1462-1465; Gayer v. Polk Gulch, Inc., supra, 231 Cal.App.3d at p. 521 .) The Hessians attempt to stake out an Unruh Civil Rights Act claim here by characterizing their exclusion from the bar as discrimination based on unconventional appearance—a nonenumerated classification recognized in In re Cox, supra, 3 Cal.3d 205, 217-218 , and reaffirmed in Harris, supra, 52 Cal.3d at page 1155 .

22001–2001
Liapes v. Facebook, Inc. green
calctapp · 2023
1 sentence

2026Insufficient allegations of discriminatory intent The Unruh Civil Rights Act mandates that all persons “are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments of every kind whatsoever.” (Civ. Code, § 51, subd. (b).) Through its enactment, “the Legislature intended to ban all forms of arbitrary discrimination in public accommodations. [Citation.]” 10 (Koebke v. Bernardo Heights Country Club (2005) 36 Cal.4th 824, 840 .) To state an Unruh Civil Rights Act claim, “a plaintiff must allege the defendant is a business establi

12026–2026
Candelore v. Tinder, Inc. green
calctapp · 2018
1 sentence

2023To state a claim under the Unruh Civil Rights Act, a plaintiff must allege the defendant is a business establishment that intentionally discriminates against and/or denies plaintiff full and equal treatment of a service, advantage, or accommodation based on plaintiff’s protected status. (§§ 51, subd. (b), 51.5; Candelore, supra, 19 Cal.App.5th at pp. 1144-1146; Martinez v. Cot’n Wash, Inc. (2022) 81 Cal.App.5th 1026 , 1036 [“Unless an Unruh Civil Rights Act claim is based on an [Americans with Disabilities Act of 1990] violation,” a plaintiff must prove intentional discrimination].) Intentiona

12023–2023
Martinez v. Cot'n Wash, Inc. green
calctapp · 2022
1 sentence

2023To state a claim under the Unruh Civil Rights Act, a plaintiff must allege the defendant is a business establishment that intentionally discriminates against and/or denies plaintiff full and equal treatment of a service, advantage, or accommodation based on plaintiff’s protected status. (§§ 51, subd. (b), 51.5; Candelore, supra, 19 Cal.App.5th at pp. 1144-1146; Martinez v. Cot’n Wash, Inc. (2022) 81 Cal.App.5th 1026 , 1036 [“Unless an Unruh Civil Rights Act claim is based on an [Americans with Disabilities Act of 1990] violation,” a plaintiff must prove intentional discrimination].) Intentiona

12023–2023
Semler v. General Electric Capital Corp. green
calctapp · 2011
1 sentence

2023(Semler v. General Electric Capital Corp. (2011) 196 Cal.App.4th 1380, 1404 .) But our conclusions apply equally to the Unruh Civil Rights Act and section 51.5 claims. 8 not forfeited this argument.

12023–2023
Regents of University v. Superior Court yellow
calctapp · 2013
1 sentence

2023(Regents, supra, 220 Cal.App.4th at p. 558 .) Facebook qualifies as a business establishment.

12023–2023
Major v. Miraverde Homeowners Assn. green
calctapp · 1992
1 sentence

2022(Id. at p. 623.) On appeal from the order denying plaintiff’s motion for preliminary injunction, the Court of Appeal held that “[b]ecause 5 the Unruh Civil Rights Act claim was her only basis for a preliminary injunction, [the plaintiff’s] appeal from denial of an injunction is now moot.” (MaJor, supra, 7 Cal.App.4th at p. 623 .) The court reasoned that “[a] preliminary injunction is an interim remedy designed to maintain the status quo pending a decision on the merits,” but is not “in itself, a cause of action.” (Ibid.) “Thus, a cause of action must exist before injunctive relief may be grant

12022–2022
Mackey v. Bd. of Trs. of the Cal. State Univ. green
calctapp · 2019
1 sentence

2022(See Mackey v. Trustees of California State University (2019) 31 Cal.App.5th 640 [reversing a grant of summary judgment in favor of the state university on an Unruh Civil Rights Act claim by Black athletes].) In another case, the court did not extend the Act to public entities, but it briefly indicated approval of a potential rationale for doing so.

12022–2022
Hagberg v. California Federal Bank FSB green
cal · 2004
1 sentence

2021And Agindotan has not articulated why the same facts would support an Unruh Civil Rights Act claim notwithstanding the litigation privilege.6 6 We note the Hagberg court did not resolve “whether proof that a business establishment has called for police assistance (or has a policy of calling for police assistance) based on racial or ethnic prejudice could give rise to liability under the Unruh Civil Rights Act notwithstanding the provisions of section 47(b).” (Hagberg, supra, 32 Cal.4th at p. 376 .) Because Agindotan fails substantively to brief the viability of this claim, we do not reach it.

12021–2021
Long v. Valentino green
calctapp · 1989
1 sentence

2007(Harris, supra, 52 Cal.3d at p. 1155.) 11 The Harris court further held that, in evaluating the viability of an Unruh Civil Rights Act claim based upon a category not enumerated in the statute or identified in a prior appellate decision, one of the questions in the three-part test is whether the new claim “is based on a classification that involves personal.characteristics.” ( Koebke, supra, 36 Cal.4th at p. 841 .) Since Long, supra, 216 Cal.App.3d 1287 , held that the Act prohibited arbitrary discrimination on the basis of one’s occupation, we need not engage in the three-part Harris test tha

12007–2007
Vernon Crowder Stephanie Good v. Yukio Kitagawa, Chairman, Board of Agriculture, State of Hawaii Calvin Lum green
ca9 · 1996
1 sentence

2006A dispute over jury instructions prompted the federal district court judge to write a short opinion slated for publication in the Federal Supplement over whether an Unruh Civil Rights Act claim requires a plaintiff to prove “that the defendant harbored discriminatory intent.” (See Presta, supra, 16 F.Supp.2d at p. 1135 .) In rejecting defendant jury instructions which would have told the jury that plaintiff had to show the “ ‘discrimination was unreasonable, arbitrary, or invidious’ ” (Presta, supra, 16 F.Supp.2d at p. 1136 ), the court reasoned that the federal ADA (specifically title II, 42

12006–2006
Beaty v. Truck Insurance Exchange green
calctapp · 1992
1 sentence

2001Exchange, supra, 6 Cal.App.4th at pp. 1462-1465, 8 Cal.Rptr.2d 593 ; Gayer v. Polk Gulch, Inc., supra, 231 Cal. App.3d at p. 521 , 282 Cal.Rptr. 556 .) The Hessians attempt to stake out an Unruh Civil Rights Act claim here by characterizing their exclusion from the bar as discrimination based on unconventional appearance—a nonenumerated classification recognized in In re Cox, supra, 3 Cal.3d 205, 217-218 , 90 Cal.Rptr. 24 , 474 P.2d 993 , and reaffirmed in Harris, supra, 52 Cal.3d at p. 1155 , 278 Cal.Rptr. 614 , 805 P.2d 873 .

12001–2001
Marina Point, Ltd. v. Wolfson green
cal · 1982
2 sentences

1996(See Marina Point, Ltd. v. Wolfson (1982) 30 Cal.3d 721 [ 180 Cal.Rptr. 496 , 640 P.2d 115 , 30 A.L.R.4th 1161 ].) Wilson did not file a complaint in superior court seeking damages or other relief for an Unruh Civil Rights Act violation.

1996(See Marina Point, Ltd. v. Wolfson (1982) 30 Cal.3d 721 [ 180 Cal.Rptr. 496 , 640 P.2d 115 , 30 A.L.R.4th 1161 ].) Wilson did not file a complaint in superior court seeking damages or other relief for an Unruh Civil Rights Act violation.

11996–1996
cluster 677330 green
ca2 · 1994
2 sentences

1995Diet. (1971) p. 2113; The Random House Diet, of the English Language (unabridged ed. 1966) p. 1324 [a sidewalk generally is defined as a walk along the side of a road or street].) defendants’ reliance on Pro-Choice Network v. Schenck (2d Cir. 1994) 34 F.3d 130 is misplaced because that opinion “was withdrawn from the bound volume pending a rehearing en banc poll.” ( 34 F.3d 131 -147.) We will not consider defendants’ vague allusion to an Unruh Civil Rights Act violation (Civ.

1995Dict. (1971) p. 2113; The Random House Dict. of the English Language (unabridged ed. 1966) p. 1324 [a sidewalk generally is defined as a walk along the side of a road or street].) [3] Defendants' reliance on Pro-Choice Network v. Schenck (2d Cir.1994) 34 F.3d 130 is misplaced because that opinion "was withdrawn from the bound volume pending a rehearing en banc poll." ( 34 F.3d 131 -147.) [4] We will not consider defendants' vague allusion to an Unruh Civil Rights Act violation (Civ.

11995–1995

Statutes the citing opinions construe

CA § Cal. Civil Code § 51 (10)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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