Ottovich

I. BACKGROUND

In this action, the Department alleged that Ottovich owned or managed an apartment building in Fremont, California. He posted an advertisement for an apartment available for rent, and real party in interest Diane Coleman2 called him and expressed interest in the apartment. He asked who would be living in the apartment, and she told him she, her husband, and their young daughter would live there. Defendant responded that he would not rent the apartment to her. Coleman told defendant, “That’s discrimination.” He replied that he did not have to show her the apartment or rent it to her, and he hung up. The complaint alleged Ottovich’s actions violated Government Code section 19255, under which it is unlawful for the owner of a housing accommodation to discriminate against anyone based on, inter alia, familial status. In its prayer for relief, the Department asked the court to order Ottovich to pay damages to compensate real parties “in an amount to be proven at trial,” as well as treble damages pursuant to the Unruh Civil Rights Act (Civ. Code, § 51) “in no case less than four thousand dollars.” The record on appeal does not include the original complaint. Ottovich…