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KOEBKE v. BERNARDO HEIGHTS COUNTRY CLUB

No. D041058.

10 Cal.Rptr.3d 757 (2004)

B. Birgit KOEBKE et al., Plaintiffs and Appellants, v. BERNARDO HEIGHTS COUNTRY CLUB, Defendant and Respondent.

Court of Appeals of California, Fourth District, Division One.

Rehearing Denied March 30, 2004.

Review Granted June 9, 2004.

Attorney(s) appearing for the Case

Lambda Legal Defense and Education Fund, Inc., Jon W. Davidson; and H. Paul Kondrick, San Diego, for Plaintiffs and Appellants.

Jordan C. Budd for ACLU Foundation of San Diego & Imperial Counties; James D. Esseks, New York, NY, and Romana Mancini for ACLU Foundation Lesbian & Gay Rights Project; Miranda D. Junowicz and Steven C. Sheinberg for Anti-Defamation League; Nancy-Hogshead Makar for Women's Sports Foundation; Nancy M. Solomon for California Women's Law Center; and Shannon Minter and Courtney Joslin for National Center for Lesbian Rights as Amici Curiae on behalf of Plaintiffs and Appellants.

Morrison & Foerster, John R. Shiner, Los Angeles, and Rick Bergstrom, San Diego, for Defendant and Respondent.

NARES, J.

SUMMARY OF HOLDING

On this appeal from an order granting summary judgment, we must decide whether the defendant Bernardo Heights Country Club (BHCC) engaged in discrimination under the Unruh Civil Rights Act (hereafter Unruh) (Civ.Code, § 51)1 or the San Diego Municipal Code based upon gender, sexual orientation or marital status against plaintiffs B. Birgit Koebke...

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