CLAYTON v. WILKINS (1948)

Supreme Court of California, in Bank.

CLAYTON et al. v. WILKINS et al.

L. A. 20399.

Decided: September 15, 1948

Gallagher, Margolis, McTernan & Tyre, of Los Angeles, for appellants. Ray C. Eberhard and Elisabeth Eberhard Zeigler, both of Los Angeles, for respondents.

Defendants appeal from an order granting a preliminary injunction enjoining occupancy of certain lots of land by non-Caucasians.

Upon the authority of Shelley v. Kraemer (McGhee v. Sipes), 1948, 334 U.S. 1, 68 S.Ct. 836, 92 L.Ed. 1161 (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 order of the trial court granting the preliminary injunction must be reversed. See also 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, Cal.Sup., 197 P.2d 161; Morin v. Crane, Cal.Sup., 197 P.2d 162.

For the reasons above stated the order appealed from is reversed.

PER CURIAM.

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