MARINE POINT, LTD. PLAINTIFF-RESPONDENT V. STEPHEN WOLFSON, ET AL, DEFENDANTS-APPELLANTS, Supreme Ct. of CA, 1982. 30 Cal.3d 721, 180 Cal. Rptr. 496, 640 P.2d 115

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MARINE POINT, LTD. PLAINTIFF-RESPONDENT V. STEPHEN WOLFSON, ET AL, DEFENDANTS-APPELLANTS,  Supreme Ct. of CA, 1982. 30 Cal.3d 721, 180 Cal. Rptr. 496, 640 P.2d 115 Powered By Docstoc
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MARINE POINT, LTD. PLAINTIFF-RESPONDENT V. STEPHEN WOLFSON, ET AL, DEFENDANTS-APPELLANTS, Supreme Ct. of CA, 1982. 30 Cal.3d 721, 180 Cal. Rptr. 496, 640 P.2d 115. History: Municipal court found kids are rowdier, etc. than adults and upheld landlord’s policy of excluding all families w/minor children; tenants appeal Facts: Landlord didn’t want to rent to families w/minor children Issue(s): Whether an owner of an apt complex can lawfully refuse to rent to a family solely based upon the fact that the family includes a minor child. Holding: Judgment reversed—landlord’s broad, class-based exclusionary practice violates Unruh Civil Rights Act Analysis: Unruh Act, derived from common law, prohibits business establishments from withholding their services/goods from a broad class of individuals in order to “cleanse” their operations from the characteristics of that broad class Under Act, individual who commits no misconduct cannot be excluded b/c he/she falls w/in a class of persons the owner believes is more likely to engage in misconduct