LIPPOLD v. JOHNSON (1948)

Supreme Court of California, in Bank.

LIPPOLD et al. v. JOHNSON.
BACK et al. v. YOUNG et al.
THOMPSON et al. v. CLARKE et al.
MERRIWEATHER et al. v. FLEMING et al.
MERRIWEATHER et al. v. LOOPER et al.
MAYER et al. v. ROBINSON et al.
PEARCE et al. v. CROCKER et al.
CAVETT et al. v. BUTLER et al.

S. F. 17592, 17510, 19578, 19916, 20165, 20491, 20255.

Decided: September 15, 1948

Loren Miller and Harold J. Sinclair, both of Los Angeles, for appellant. John F. Poole, of .los Angeles, for respondents.

The above entitled cases, like 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; Clayton v. Wilkins, Cal.Sup., 197 P.2d 162, and Morin v. Crane, Cal.Sup., 197 P.2d 162, involve the legality and enforceability of privately imposed restrictions against occupation of certain lots of land by persons other than those of the Caucasian race. In each of the instant cases the trial court enjoined occupancy of the respectively concerned lots 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 judgment of the trial court enforcing the restrictions is in each case reversed.

PER CURIAM.

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