Orloff v. Los Angeles Turf Club

30 Cal. 2d 110, 180 P.2d 321 (1947)

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Orloff v. Los Angeles Turf Club

CAlifornia Supreme Court
30 Cal. 2d 110, 180 P.2d 321 (1947)

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Facts

The Los Angeles Turf Club (LATC) (defendant), which operated a horse-racing course and gambling establishment, repeatedly ejected Morris Orloff (plaintiff) from the establishment without cause, despite his good moral character and proper conduct. This ejectment caused Orloff humiliation and mental anguish. Orloff commenced an action against LATC for injunctive relief. A California statute in the California Civil Code (Code) provided that no race course or other public amusement could refuse admittance to anyone over 21 years old who bought a ticket, unless the person was drunk, engaged in boisterous conduct, or was of “lewd or immoral character.” The statute provided that if a person was ejected in violation of law, he could seek his actual damages, plus $100. The trial court denied an injunction on the grounds that (1) the statute created a new right not existing at common law and was therefore in derogation of common law, (2) the statute must be strictly construed, and (3) any remedies provided in the statute must therefore be treated as exclusive. Orloff appealed.

Rule of Law

Issue

Holding and Reasoning (Carter, J.)

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