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: |
|