DAVIS v. CARTER (1948)

Supreme Court of California, in Bank.

DAVIS v. CARTER et al. and ten other cases.

L. A. 19696, 19697, 19783, 19759.

Decided: May 18, 1948

LeCompte Davis, of Los Angeles, Alfred F. MacDonald, of Burbank, John F. Poole, E. H. Stf 765>>Joseph P. Guerin and Kenneth W. Kearney, all of Los Angeles, for appellants. Robert W. Kenny, Atty. Gen., Clarence A. Linn, Asst. Atty. Gen., D. O. McGovney, of Berkeley, as amicus curiae on behalf of appellants. Hugh E. Macbeth, Eva M. Mark, Hugh E. MacBeth, Jr., Loren Miller, Harold J. Sinclair, Pacht, Pelton, Warne, Ross & Bernhard, George E. Cryer, and R. Alston Jones, all of Los Angeles, for respondents.

These cases, like Cumings v. Hokr, Cal.Sup., 193 P.2d 742, Cassell v. Hickerson, Cal.Sup., 193 P.2d 743, and In re Laws, Cal.Sup., 193 P.2d 744, involve the legality and enforceability of privately imposed restrictions against occupation o certain lots of land by persons other than those of the Caucasian race. Upon the authority of Shelley v. Kraemer (McGhee v. Sipes), 68 S.Ct. 836 (see also Hurd v. Hodge, 68 S.Ct. 847), holding that such restrictions cannot be enforced through court action, the judgment of the trial court refusing to enforce the restrictions is in each case affirmed.

PER CURIAM.

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