Gayer v. Polk Gulch, Inc.

POCHÉ, J., Dissenting.

I cannot join any of the majority opinion’s efforts to affirm: (1) by attempting to distinguish away the only relevant case authority which is not distinguishable except by name, (2) by ignoring the legal test for review of a judgment of dismissal predicated upon the sustaining of a general demurrer, and (3) in misreading binding California Supreme Court authority. For these reasons I dissent.

The single legal question before us is: does a plaintiff who has previously brought a claim under the Unruh Civil Rights Act (the Act) state a cause of action under the Act for…