KOEBKE v. BERNARDO HEIGHTS COUNTRY CLUB

No. S124179.

31 Cal.Rptr.3d 565 (2005)

36 Cal.4th 824

115 P.3d 1212

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

Supreme Court of California

August 1, 2005.


Attorney(s) appearing for the Case

Lambda Legal Defense and Education Fund, John W. Davidson, Los Angeles; and H. Paul Kondrick, San Diego, for Plaintiffs and Appellants.

Christine Sun, Alan Schlosser, San Francisco, Peter Eliasberg, Los Angeles, Jordan C. Budd; James D. Esseks, Romana Mancini; Miranda D. Junowicz, Steven C. Sheinberg, Los Angeles, Michelle Deutchman; Geoff Kors; Maxie Rheinheimer Stephens & Vrevich and Darin L. Wessel, Los Angeles, for American Civil Liberties Union of Northern California, American Civil Liberties Union of Southern California, American Civil Liberties Union of San Diego and Imperial Counties, American Civil Liberties Union Foundation Lesbian and Gay Rights Project, the Anti-Defamation League, Equality California and Tom Homann Law Association as Amici Curiae on behalf of Plaintiffs and Appellants.

Nancy Hogshead-Makar; Nancy M. Solomon; Shannon Minter and Courtney Joslin, San Francisco, for Women's Sports Foundation, California Women's Law Center and National Center for Lesbian Rights as Amici Curiae on behalf of Plaintiffs and Appellants.

Bill Lockyer, Attorney General, Manuel M. Medeiros, State Solicitor General, Tom Greene, Chief Assistant Attorney General, Louis Verdugo, Jr., Assistant Attorney General, and Antonette Benita Cordero, Deputy Attorney General as Amici Curie on behalf of Plaintiffs and Appellants.

Morrison & Foerster, John R. Shiner, Rick Bergstrom, John Sobieski, Michael Katz, Los Angeles; Horvitz & Levy, Frederic D. Cohen, Patricia Lofton and Jeremy B. Rosen, Encino, for Defendant and Respondent.


MORENO, J.

Plaintiffs, a lesbian couple who are registered domestic partners, sued defendant country club, to which one of them belongs, alleging that the club's refusal to extend to them certain benefits it extends to married members of the club constitutes marital status discrimination under Civil Code section 51, familiarly known as the Unruh Civil Rights Act (the Unruh Act or Act). The club obtained summary judgment...

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