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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Adamson Companies v. Zipp, 163 Cal. App. 3d 1 (1984)

Citation
Adamson Companies v. Zipp, 163 Cal. App. 3d 1 (1984)
Parent Document
Adamson Companies v. Zipp, 163 Cal. App. 3d 1 (1984)
Jurisdiction
California (state)
Effective Date
1984-11-15

Other Sections in This Document (89)

Full Text

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Our Supreme Court has historically afforded an expansive application to the Unruh Act, holding that "the `identification of particular bases of discrimination — color, race, religion, ancestry and national origin — ... is illustrative rather than restrictive.'" (Marina Point, Ltd. v. Wolfson, supra, 30 Cal.3d 721, 732.) The court has declared to this end that the act possesses "a clear and large design to interdict all arbitrary discrimination by a business enterprise." (In re Cox, supra, 3 Cal.3d 205 at p. 212; see also, Marina Point, Ltd. v. Wolfson, supra, at p. 733.) Moreover, the court's broad application of the act has received consistent legislative approval. (See Marina Point, Ltd. v. Wolfson, supra, at p. 734.) In light of this history we may not presume that the Legislature in enacting the mobilehome statutes before us intended to overthrow long established principles of law in the absence of clear and persuasive evidence by way of express legislative declaration or by necessary implication. (Fuentes v. Workers' Comp. Appeals Bd., supra, 16 Cal.3d at 7.) Plaintiff has adduced no such evidence.