Consumers Union of United States, Inc. v. Fisher Development, Inc.

Consumers Union of United States, Inc., appeals from a judgment of dismissal by the Sonoma County Superior Court entered after the court sustained the demurrer of respondents Fisher Development, Inc. (Fisher), and Creekside Village Homeowners Association (the Homeowners Association), without leave to amend. Because the trial court erred in sustaining the demurrer on the ground of no standing, we reverse the judgment.

I

Appellant is a nonprofit membership organization which publishes books and reports aimed at informing and educating the public on facts about consumer goods and services as well as financial matters of interest to consumers. It brought the instant lawsuit under Business and Professions Code section 17200 et seq. and the Unruh Civil Rights Act (Civ. Code, §§ 51, 51.2, 51.3 and 52, and other sections not relevant here, hereinafter referred to as the Unruh Act). The lawsuit alleges that the Creekside Village residential subdivision development (Creekside) in Sonoma County has been illegally discriminating on the basis of age and against families with children; and it seeks injunctive relief to halt such discrimination.

Creekside was developed by respondent…