Flores
Flores v. Los Angeles Turf Club, Inc.
Opinion
lead Opinion
Dooling, J.
— Plaintiff appeals from a judgment dismissing his cause of action for an injunction against his future exclusion or forcible ejection by defendants from their race track, and denying recovery on plaintiff’s cause of action for statutory, 1 general, and special damages for alleged wrongful ejection and assault and battery.
It appears from the record that plaintiff, after purchasing a ticket of general admission and a reserved seat in the grand *739 stand at Santa Anita Race Course on January 22, 1959, was requested by defendants to leave the race track, and, upon his refusal to do so, was forcibly ejected. The ejection was carried out by race track personnel pursuant to Business and Professions Code, section 19561.5, and its implementing regulations, promulgated by the California Horse Racing Board. 2 Section 19561.5, as in effect in January 1959, provides that: ‘ ‘ The [Horse Racing] board may, by rule, provide for the exclusion or ejection from the enclosure where horse races are licensed by the board, or from specified portions of such enclosure, of known bookmakers, known touts, persons who have been convicted of violations of . . . this chapter or of the laws prohibiting…