Vance v. Bakas

2006

Court: Northern District of CA

Facts: Vance wants to rent an apartment. She says she runs a day care center. They decline to rent to her. Project sentinel does some testing, and finds that day care providers are systematically excluded.

Posture: Suit for declaratory, injunctive, and monetary relief. Probably this is an appeal of a decision on a motion for summary judgment.

Issue: Does this conduct violate the various many laws in CA? (incl FHA)?

Holding: Yes

Rule: Disparate impact: day care centers are mostly run by women-- a protected class. This is discrimination on the basis of source of income-- also prohibited. Unruh: this is arbitrary (see Marina Point). This is also some kind of interference with business practices. And it's negligent.

Reasoning: Pretty much just enumeration, except for the negligence claim, where the court says that the defendants had a duty not to harm the plaintiff through discrimination. They did discriminate, and the discrimination caused harm, so this becomes negligence.

Dicta: