Department of Fair Employment & Housing v. Superior 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 *900 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 rental application and rental agreement for the current tenant of 2228 Northridge…