Everett

Plaintiff claims that the trial court wrongfully granted real parties in interests’ motion for summary adjudication as to his cause of action for violation of the Unruh Civil Rights Act, Civil Code section 51 et seq. We agree, grant the writ, and mandate the trial court to vacate the order.

Factual and Procedural Summary

The following factual summary is taken from evidence referenced by petitioner/plaintiff in his separate statement offered in opposition to the summary adjudication motion.

On September 26, 1998, plaintiff Danny Everett, an African-American man, visited Magic Mountain amusement park with his wife Tiarzha Taylor, his sister-in-law Khara Taylor, her daughter Anya Taylor, and her daughter’s two friends. After spending a full day at the park, the group decided to make the Colossus roller coaster their last ride. Everett and his sister-in-law went ahead of his wife and the three girls, all under 12 years old, to stand in line at Colossus.

Everett and his sister-in-law were halfway through the line in the Colossus queue house when Tiarzha and the girls arrived. Everett motioned to them and stepped approximately 10 feet out of line to help them join the…