Gayer

I cannot join any of the majority opinion’s efforts to affirm: (1) by attempting to distinguish away the only relevant case authority which is not distinguishable except by name, (2) by ignoring the legal test for review of a judgment of dismissal predicated upon the sustaining of a general demurrer, and (3) in misreading binding California Supreme Court authority. For these reasons I dissent.

The single legal question before us is: does a plaintiff who has previously brought a claim under the Unruh Civil Rights Act (the Act) state a cause of action under the Act for subsequent discrimination undertaken in retaliation for the prior claim? Until now the answer has been yes.

In Vaughn v. Hugo Neu Proler International (1990) 223 Cal.App.3d 1612 [ 273 Cal.Rptr. 426 ], a female scrap metal dealer brought a gender discrimination claim under the Act against a scrap metal processing and distributing business which refused her and other women, but allowed men, entry onto its premises in order to collect discarded scrap. {Id. at pp. 1615-1616.) Her claim was resolved in 1986, but by 1989 the business was once again refusing to admit her or her employees, and even sought her arrest for…

Richard Gayer (appellant) appeals from a dismissal of the first and fourth causes of action in his first amended complaint. The first cause of action alleged that Polk Gulch, Inc. (respondent), owner of a public drinking establishment, violated the Unruh Civil Rights Act (hereafter the Act) (Civ. Code, [1] §§ 51 and 52), when its employees refused to serve appellant. For this alleged violation of his civil rights, appellant sought punitive damages. The fourth cause of action alleged that respondent permanently excluded him from entering the bar. Appellant sought damages and an injunction to enjoin the bar from continuing to exclude him. Both causes of action were dismissed after the court below sustained respondent's demurrer without leave to amend.

This lawsuit arose out of a series of events that took place in respondent's bar on the evening of December 9, 1988. That evening appellant attempted to enter the Polk Gulch Saloon (hereafter Polk Gulch), a public drinking establishment owned and operated by respondent. An employee of Polk Gulch stopped appellant at the door and, after consulting other employees, informed him that although he was free to…

I. Introduction

Richard Gayer (appellant) appeals from a dismissal of the first and fourth causes of action in his first amended complaint. The first cause of action alleged that Polk Gulch, Inc. (respondent), owner of a public drinking establishment, violated the Unruh Civil Rights Act (hereafter the Act) (Civ. Code, 1 §§ 51 and 52), when its employees refused to serve appellant. For this alleged violation of his civil rights, appellant sought punitive damages. The fourth cause of action alleged that respondent permanently excluded him from entering the bar. Appellant sought damages and an injunction to enjoin the bar from continuing to exclude him. Both causes of action were dismissed after the court below sustained respondent’s demurrer without leave to amend.

II. Factual and Procedural Background

This lawsuit arose out of a series of events that took place in respondent’s bar on the evening of December 9, 1988. That evening appellant attempted to enter the Polk Gulch Saloon (hereafter Polk Gulch), a public drinking *518 establishment owned and operated by respondent. An employee of Polk Gulch stopped appellant at the door and, after consulting other employees,…