California Court of Appeal

In a case of first impression in California involving an online matchmaking service, someone who presents him or herself to a business with the intent of purchasing its services or products, but becomes aware of that business's practice of charging different amounts for such services or products based on gender and thereafter does not purchase those services or products, is not aggrieved by that practice so as to have standing to sue for violations of the Unruh Act and the Gender Tax Repeal Act. The court adopts a bright-line rule that a person must tender the purchase price for a business's services or products in order to have standing to sue it for alleged discriminatory practices relating thereto.

Appellate Information

• Decided 11/18/2008
• Published 11/18/2008

Judges

• McINTYRE, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• The Rava Law Firm and Alfred G. Rava for Plaintiff and Appellant., Marc E. Angelucci as Amicus Curiae on behalf of Plaintiff and Appellant.


• For Appellees:
  
• Payne & Fears, Daniel L. Rasmussen, and Julie J. Bisceglia, Irvine, for Defendants and Respondents., Pacific Legal Foundation, Deborah J. La Fetra and Timothy Sandefur, Sacramento, as Amicus Curiae on behalf of Defendants and Respondents.