Sargoy

I.

Introduction

Joan McLaughlin Sargoy (appellant) has appealed from a dismissal of her first amended complaint. Appellant brought the instant class action suit against Valley Federal Savings and Loan Association (Valley Federal), now operated by the Resolution Trust Corporation, alleging that Valley Federal’s practice of offering higher interest rates to senior citizens violated the Unruh Civil Rights Act. Ms. Lois Lomeli (Lomeli), one of Valley Federal’s branch managers, was also named as a defendant for allegedly aiding Valley Federal in it’s purportedly unlawful discriminatory practice. The trial court sustained Lomeli’s and Valley Federal’s demurrer to the complaint on the grounds that it failed to state a cause of action, refusing to give appellant leave to amend. The trial court implicitly found that Valley Federal’s practice was consistent with California’s well established public policy of assisting senior citizens as reflected in innumerable public and private sector discount and benefit programs. Relying on Koire v. Metro Car Wash (1985) 40 Cal.3d 24 [ 219 Cal.Rptr. 133 , 707 P.2d 195 ], a California Supreme Court opinion that tacitly approved such age-based…