Flowers

Plaintiffs John L. Flowers and his wife Heidi M. Flowers, appeal an order dismissing their first five causes of action after a general demurrer was sustained without leave to amend. The plaintiffs voluntarily dismissed the balance of their complaint, They contend they state causes of action for violation of the Unruh Act (Civ. Code, §§51, 52), denial of equal protection of the laws, deprivation of Fifth and Fourteenth Amendment rights, deprivation of California Constitution, article I, section 13 rights and deprivation of other rights, including the exercise of parental and marital rights conferred by California laws.

The Flowers, with their four children, two girls ages 1 and 3, and two boys, ages 8 and 10, moved into Westwood Village, a 100-unit apartment complex owned and operated by defendant John Burnham & Co., in San Diego County. Defendant Stanley Broski is alleged to have “aided and incited” Burnham’s actions.

On January 31, 1970, some time after they moved into the complex, the Flowers and Burnham executed an apartment rental agreement for a month-to-month tenancy, which provided it was “subject to 30 day written notice.” On February 12, 1970, the Flowers…