Orloff v. Los Angeles Turf Club, Inc.

30 Cal. 2d 110 (1947)

Facts

P purchased a ticket for admission to D's place of business and was admitted thereto. Thereafter P was ejected from the establishment by d and its employees. In February, he was again admitted thereto and was again ejected. The ousting of P was without cause, having conducted himself properly at all times. P was humiliated and embarrassed and sustained mental anguish. P sued for injunctive relief. P argued that he was ejected in violation of his civil rights and  Cal. Civ. Code § 53 barred the refusal to admit an adult to a place of public amusement. P argued that the remedy of  $100 remedy from § 54 was inadequate. P asked for injunctive relief. D's demurrer was sustained with leave to P to amend his complaint to claim only damages as the court held that injunctive relief was precluded by the statute. Upon his refusal so to do, a judgment dismissing his action was entered, and he appeals therefrom.