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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Newby v. Alto Riviera Apartments, 60 Cal. App. 3d 288 (1976)

Citation
Newby v. Alto Riviera Apartments, 60 Cal. App. 3d 288 (1976)
Parent Document
Newby v. Alto Riviera Apartments, 60 Cal. App. 3d 288 (1976)
Jurisdiction
California (state)
Effective Date
1976-07-20

Other Sections in This Document (103)

Full Text

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stated: “In holding that the Civil Rights Act forbids a business establishment generally open to the public from arbitrarily excluding a prospective customer, we do not imply that the establishment may never insist that a patron leave the premises.... A business establishment may, of course, promulgate reasonable deportment regulations that are rationally related to the services performed and the facilities provided.” (3 Cal.3d 205, 217.) The court said that “an entrepreneur need not tolerate customers who damage property, injure others, or otherwise disrupt his business,” but did not resolve whether the petitioner was unreasonably ejected from the shopping center in the absence of a finding of facts by the trial court. Further, the trial court was directed to “bear in mind that the shopping center has generally opened the premises to the public and invited it to treat the center as the modern analogue of the town center,” in ultimately determining whether the owners of the shopping center acted reasonably. (3 Cal.3d at p. 217.)