Opinion
Docket No. S.F. 17319.
March 31, 1949.
APPEAL from a judgment of the Superior Court of Alameda County. James G. Quinn, Judge. Reversed.
Gladstein, Andersen, Resner, Sawyer Edises, Bertram Edises and George R. Vaughns for Appellants.
George F. Sharp for Respondents.
THE COURT.
This case involves the legality and enforceability of privately imposed restrictions against occupation of a lot of land by non-Caucasians. The trial court enjoined occupance of the lot by defendants, non-Caucasians. Defendants appealed.
[1] Upon the authority of Shelley v. Kraemer (1948), 334 U.S. 1 [68 S.Ct. 836, 92 L.Ed. 1161, 3 A.L.R.2d 441] (see, also, Hurd v. Hodge (1948), 334 U.S. 24 [68 S.Ct. 847, 92 L.Ed. 1187]), holding that such restrictions cannot be enforced through court action, the judgment of the trial court must be reversed. (See Cumings v. Hokr (1948), 31 Cal.2d 844 [ 193 P.2d 742]; Cassell v. Hickerson (1948), 31 Cal.2d 869 [ 193 P.2d 743]; Davis v. Carter (1948), 31 Cal.2d 870 [ 193 P.2d 744]; In re Laws (1948), 31 Cal.2d 846 [ 193 P.2d 744]; Lippold v. Johnson (1948), 32 Cal.2d 892 [ 197 P.2d 161]; Clayton v. Wilkins (1948), 32 Cal.2d 895 [ 197 P.2d 162]; Morin v. Crane (1948), 32 Cal.2d 896 [ 197 P.2d 162].)
For the reason above stated the order appealed from is reversed.