Legal Opinion

Semler v. General Electric Capital Corp.

California Court of Appeal

Decided June 29, 2011No. B221103PublishedCited by 8 opinions

1Opinion of the Court

Opinion

MALLANO, P. J.

This appeal raises the question of whether a commercial lending institution, which is also an equity investor in a borrower’s venture, violated the Unruh Civil Rights Act (sometimes the Act) (Civ. Code, § 51) by declining to make a loan to a limited liability company because its managing member included a felon who had conspired to falsify customs documents and sell munitions to Syria.

We conclude that being a felon is not a personal characteristic similar to those enumerated in the Act; the lending institution had legitimate business reasons justifying its decision—the…

2Cases cited37 opinions

  1. Turner v. SafleySupreme Court of the United States · 1987
  2. Skinner v. Oklahoma Ex Rel. WilliamsonSupreme Court of the United States · 1942
  3. Harris v. Capital Growth Investors XIVCalifornia Supreme Court · 1991
  4. Marina Point, Ltd. v. WolfsonCalifornia Supreme Court · 1982
  5. Hensler v. City of GlendaleCalifornia Supreme Court · 1994

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3Cited by8 opinions

  1. Osborne v. YasmehCalifornia Court of Appeal · 2016
  2. Correll v. Amazon.com, Inc.District Court, S.D. California · 2022
  3. Dept. of Fair Employment and Housing v. M&N Financing Corp.California Court of Appeal · 2021
  4. Floyd v. Saber Fitness Hegenberger, LLCDistrict Court, N.D. California · 2024
  5. Kevin B. Williams v. American Arbitration Association, Inc., et al.District Court, N.D. California · 2025

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