Warfield

In this case concerning sexual discrimination in a country club membership, we review the propriety of the trial court’s dismissal of plaintiff’s first amended complaint after sustaining defendants’ demurrer without leave to amend.

Procedural Background

In 1970, Richard and Mary Ann Warfield, as husband and wife, acquired a regular family membership in the Peninsula Golf and Country Club, a nonprofit, privately owned and operated, social and recreational club. The initial membership payment and regular monthly fees were paid with community property funds. Mary Ann and her children regularly used the club facilities and participated in its social events.

In February 1981, Richard and Mary Ann obtained an interlocutory decree of dissolution of marriage; the property settlement agreement awarded Mary Ann the family membership at Peninsula Golf and Country Club.

In May 1981, the board of directors of the club, upon ascertaining that Richard no longer wished to maintain his membership, voted to terminate the Warfield membership under section 7.5 of the bylaws, whereby a regular family membership may be issued to an adult male only. Thereafter, the board (as required under…