DEPARTMENT, FAIR EMPLOYMENT AND HOUSING v. Superior Court

Law Offices of Anthony Drew Rowe and Anthony Drew Rowe, for Real Parties In Interest.

THE COURT. [*]

On February 13, 2001, a complaint was filed with the petitioner Department of Fair Employment and Housing (petitioner or Department). The complaint alleged discrimination based upon race (African-American) and marital status (single). Regenia Cain (Cain) alleged discrimination based upon race and marital status. Cain had spoken with real party in interest Nancy Keller (Keller), a property manager for real party in interest Mattox Trust (Mattox), with regard to a rental property. According to the complaint, the interview went well until Keller learned that Cain, an African-American, intended to live at the rental property with another woman who is Caucasian. Cain alleged that after learning of Cain's proposed living arrangement, Keller's attitude and demeanor toward her changed. Keller expressed her preference to rent to a married couple, which Keller explained to Cain as being "tenants related by blood." Cain left the premises without filling out an application.

On November 16, 2001, a subpoena duces tecum was served upon Keller. The following information was requested: (1) the…