Ramirez

SUMMARY

Two female tenants sued their landlord after the resident manager of their apartment building entered their apartment in their absence, opened their dresser drawer and removed and sniffed their underwear. The tenants alleged a single cause of action under the Unruh Civil Rights Act (Civ. Code, § 51) and other sections of the Civil Code that provide the right to be free from violence or intimidation by threat of violence based on sex and that prohibit sexual harassment. The trial court sustained the landlord’s demurrer to the complaint without leave to amend and dismissed the case. We affirm the order of dismissal.

FACTS

Lourdes Ramirez and her minor daughter Jessica (collectively, plaintiffs) were tenants in an apartment building owned by Weller Wong. Wong (landlord) employed Daniel Valdez as resident manager. Valdez was responsible for supervising repairs, maintenance, tenant concerns and similar matters for the landlord.

One day in June 2007, Valdez entered plaintiffs’ residence (while on duty as resident manager and using a key provided by the landlord), went into the bedroom, opened plaintiffs’ dresser drawer and removed and sniffed plaintiffs’ underwear,…