Gladstein, Andersen, Resner, Sawyer & Edises, of San Francisco, and Bertram Edises and George R. Vaughns, both of Oakland, for appellants. George F. Sharp, of Oakland, for respondents.
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.
Upon the authority of Shelley v. Kraemer, 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 must be reversed. See Cumings v. Hokr, 1948, 31 Cal.2d 844, 193 P.2d 742; Cassell v. Hickerson, 1947, 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.
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