Code Details

Civil Code – CIV
DIVISION 1. PERSONS [38 – 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. )
PART 2. PERSONAL RIGHTS [43 – 53.7] ( Part 2 enacted 1872. )

Exact Statute Text

(a) Whoever denies, aids or incites a denial, or makes any discrimination or distinction contrary to Section 51, 51.5, or 51.6, is liable for each and every offense for the actual damages, and any amount that may be determined by a jury, or a court sitting without a jury, up to a maximum of three times the amount of actual damage but in no case less than four thousand dollars ($4,000), and any attorney’s fees that may be determined by the court in addition thereto, suffered by any person denied the rights provided in Section 51, 51.5, or 51.6.

(b) Whoever denies the right provided by Section 51.7 or 51.9, or aids, incites, or conspires in that denial, is liable for each and every offense for the actual damages suffered by any person denied that right and, in addition, the following:

(1) An amount to be determined by a jury, or a court sitting without a jury, for exemplary damages.

(2) A civil penalty of twenty-five thousand dollars ($25,000) to be awarded to the person denied the right provided by Section 51.7 in any action brought by the person denied the right, or by the Attorney General, a district attorney, or a city attorney. An action for that penalty brought pursuant to Section 51.7 shall be commenced within three years of the alleged practice.

(3) Attorney’s fees as may be determined by the court.

(c) Whenever there is reasonable cause to believe that any person or group of persons is engaged in conduct of resistance to the full enjoyment of any of the rights described in this section, and that conduct is of that nature and is intended to deny the full exercise of those rights, the Attorney General, any district attorney or city attorney, or any person aggrieved by the conduct may bring a civil action in the appropriate court by filing with it a complaint. The complaint shall contain the following:

(1) The signature of the officer, or, in the officer’s absence, the individual acting on behalf of the officer, or the signature of the person aggrieved.

(2) The facts pertaining to the conduct.

(3) A request for preventive relief, including an application for a permanent or temporary injunction, restraining order, or other order against the person or persons responsible for the conduct, as the complainant deems necessary to ensure the full enjoyment of the rights described in this section.

(d) Whenever an action has been commenced in any court seeking relief from the denial of equal protection of the laws under the Fourteenth Amendment to the Constitution of the United States on account of race, color, religion, sex, national origin, or disability, the Attorney General or any district attorney or city attorney for or in the name of the people of the State of California may intervene in the action upon timely application if the Attorney General or any district attorney or city attorney certifies that the case is of general public importance. In that action, the people of the State of California shall be entitled to the same relief as if it had instituted the action.

(e) Actions brought pursuant to this section are independent of any other actions, remedies, or procedures that may be available to an aggrieved party pursuant to any other law.

(f) Any person claiming to be aggrieved by an alleged unlawful practice in violation of Section 51 or 51.7 may also file a verified complaint with the Civil Rights Department pursuant to Section 12948 of the Government Code.

(g) This section does not require any construction, alteration, repair, structural or otherwise, or modification of any sort whatsoever, beyond that construction, alteration, repair, or modification that is otherwise required by other provisions of law, to any new or existing establishment, facility, building, improvement, or any other structure, nor does this section augment, restrict, or alter in any way the authority of the State Architect to require construction, alteration, repair, or modifications that the State Architect otherwise possesses pursuant to other laws.

(h) For the purposes of this section, “actual damages” means special and general damages. This subdivision is declaratory of existing law.

(i) Subdivisions (b) to (f), inclusive, shall not be waived by contract except as provided in Section 51.7.

(Amended by Stats. 2022, Ch. 48, Sec. 5. (SB 189) Effective June 30, 2022.)

Civil Code § 52 Summary

California Civil Code § 52 details the legal remedies available to individuals who have experienced discrimination or a denial of rights as protected by California’s Unruh Civil Rights Act (Civil Code §§ 51, 51.5, 51.6) and related statutes (Civil Code §§ 51.7, 51.9). This statute specifies the types of damages that can be sought, including actual damages, up to three times the actual damages (with a minimum of $4,000 for certain violations), exemplary damages, and attorney’s fees.

For violations of Civil Code §§ 51, 51.5, or 51.6 (general discrimination in business establishments), a person can recover actual damages, treble damages (up to three times actual damages, but no less than $4,000), and attorney’s fees. For violations of Civil Code § 51.7 (freedom from violence or intimidation) or § 51.9 (sexual harassment), a person can recover actual damages, exemplary (punitive) damages, and attorney’s fees. Additionally, a civil penalty of $25,000 can be awarded for violations of Section 51.7.

The statute also outlines procedures for civil actions, allowing individuals, the Attorney General, or district/city attorneys to bring lawsuits, including seeking preventive relief like injunctions. It clarifies that these remedies are independent of other available legal actions and defines “actual damages” as both special and general damages. Furthermore, it permits filing a complaint with the Civil Rights Department for violations of Sections 51 or 51.7.

Purpose of Civil Code § 52

The Unruh Civil Rights Act (Civil Code § 51) is a cornerstone of California’s anti-discrimination laws, guaranteeing all individuals, regardless of protected characteristics, full and equal accommodations, advantages, facilities, privileges, or services in all business establishments. Civil Code § 52 serves as the vital enforcement mechanism for this act and its related statutes (such as those prohibiting gender price discrimination or freedom from violence).

The legislative purpose behind Civil Code § 52 is multifaceted:
1. Deterrence: By imposing significant financial penalties—including treble damages, a minimum statutory award of $4,000, and a $25,000 civil penalty for certain violations—the statute aims to strongly deter businesses and individuals from engaging in discriminatory practices. It makes discrimination economically costly, thereby encouraging compliance with civil rights laws.
2. Compensation: It provides a means for victims of discrimination to be compensated for the harm they suffer. “Actual damages,” defined as special and general damages, allow for recovery for emotional distress, humiliation, and any financial losses resulting from the discriminatory act.
3. Access to Justice: The provision for awarding attorney’s fees makes it economically feasible for individuals to pursue claims, even when their actual damages might be modest, ensuring that victims can find legal representation and hold discriminators accountable.
4. Preventive Relief: By allowing for injunctions and restraining orders, the statute aims to prevent ongoing or future discriminatory conduct, promoting systemic change and ensuring equal access for all.

In essence, Civil Code § 52 exists to give practical effect to the promise of equal rights enshrined in California law, transforming abstract principles into actionable remedies and fostering a more equitable society.

Real-World Example of Civil Code § 52

Imagine Sarah, a person with a visual impairment who relies on her trained service dog, visits a popular café. As she approaches the counter, the barista, eyeing her service dog, tells her, “Sorry, no pets allowed inside. You’ll have to sit outside.” Sarah explains that it’s a service animal, clearly identified by its vest, but the barista insists on the “no pets” policy, refusing to serve her indoors. Feeling humiliated and unjustly treated, Sarah leaves without her coffee.

This scenario constitutes a denial of services and discrimination based on disability, a direct violation of Civil Code § 51 (Unruh Civil Rights Act). Under Civil Code § 52, Sarah would have a legal claim against the café.

Here’s how Civil Code § 52 would apply:

• Actual Damages: Sarah could sue for actual damages, including emotional distress and humiliation caused by the discriminatory denial of service.
• Treble Damages/Statutory Minimum: Since this is a violation of Civil Code § 51, Sarah would be entitled to an amount up to three times her actual damages, but in no case less than $4,000. So, even if her emotional distress damages were determined to be $500, she would still be awarded at least $4,000.
• Attorney’s Fees: If Sarah hires an attorney and wins her case, the court would likely order the café to pay her attorney’s fees, making it possible for her to pursue justice without bearing the full financial burden of litigation.
• Preventive Relief: Sarah’s attorney might also seek an injunction, ordering the café to educate its staff on service animal laws and implement policies to ensure such discrimination does not happen again.

This example illustrates how Civil Code § 52 empowers individuals like Sarah to seek redress, deter future discrimination, and enforce their civil rights in everyday situations.

Related Statutes

Civil Code § 52 is the enforcement arm for several key California anti-discrimination statutes. Understanding these related sections is crucial for comprehending the full scope of its application:

• Civil Code § 51 – The Unruh Civil Rights Act: This is the foundational statute enforced by Civil Code § 52. It guarantees all persons in California, regardless of sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status, “full and equal accommodations, advantages, facilities, privileges, or services in all business establishments of every kind whatsoever.”
• Civil Code § 51.5 – Discrimination by Business Establishments in Sales/Services: This section specifically prohibits business establishments from discriminating in the sale, rental, or lease of property, or in the provision of services, based on the same protected characteristics enumerated in Section 51. Civil Code § 52(a) provides remedies for violations of this section.
• Civil Code § 51.6 – Gender Tax Repeal Act: This section makes it unlawful for a business establishment to charge a different price for any two services that are substantially similar, if the difference in price is based on the customer’s gender. Civil Code § 52(a) applies to remedies for this form of price discrimination.
• Civil Code § 51.7 – Ralph Civil Rights Act (Freedom from Violence or Intimidation): This statute guarantees all persons the right to be free from violence or intimidation by reason of their race, color, religion, ancestry, national origin, political affiliation, sex, sexual orientation, age, disability, or position in a labor dispute. Civil Code § 52(b) specifically outlines the remedies for violations of this act, including exemplary damages and a $25,000 civil penalty.
• Civil Code § 51.9 – Sexual Harassment by Landlords, etc.: This section explicitly prohibits sexual harassment by landlords, property managers, co-workers, and others within a professional or business relationship. Civil Code § 52(b) provides the remedies for violations of this specific form of harassment.
• Government Code § 12948 – Filing Complaints with the Civil Rights Department: Civil Code § 52(f) explicitly states that a person aggrieved by a violation of Section 51 or 51.7 may also file a complaint with the Civil Rights Department (formerly the Department of Fair Employment and Housing, DFEH), which is part of the broader California Fair Employment and Housing Act (FEHA) framework.

## Case Law Interpreting Civil Code § 52

California courts have frequently interpreted Civil Code § 52, clarifying its scope, application, and the nature of available remedies. Here are a few notable cases:

• Koire v. Metro Car Wash (1985) 40 Cal.3d 203: This landmark case affirmed that the Unruh Civil Rights Act (and thus its remedies under § 52) applies to sex discrimination, specifically ruling against “ladies’ night” promotions that offered price discounts only to women. The court emphasized the Act’s broad intent to eliminate arbitrary discrimination.
• Angelucci v. Century Supper Club (2007) 41 Cal.4th 160: This case addressed what constitutes “discrimination or distinction” under the Unruh Act and the availability of damages under § 52. It clarified that while the Unruh Act prohibits arbitrary discrimination, it does not necessarily prohibit all differential treatment. However, when discrimination is established, the remedies under § 52 are available.
• Munson v. Del Taco, Inc. (2009) 46 Cal.4th 461: This crucial decision clarified that a plaintiff does not need to prove “actual damages” (such as emotional distress or out-of-pocket losses) to recover the statutory minimum damages of $4,000 under Civil Code § 52(a) for Unruh Act violations related to disability access. Proof of an Unruh Act violation, coupled with a violation of the Americans with Disabilities Act (ADA), is sufficient to trigger the statutory minimum.
• White v. Square, Inc. (2019) 7 Cal.5th 479: The California Supreme Court addressed the application of the Unruh Act to online platforms. While acknowledging the broad scope of “business establishments,” the court noted that for a claim based on disparate impact (not intentional discrimination) to succeed, the plaintiff must still show a direct denial of goods or services. The case reiterated the compensatory and deterrent purposes of Civil Code § 52.

Why Civil Code § 52 Matters in Personal Injury Litigation

While Civil Code § 52 primarily addresses civil rights and anti-discrimination, its provisions can significantly intersect with and impact personal injury litigation in California:

1. Damages for Emotional Distress and Harm: Discrimination and civil rights violations, particularly those involving denial of access or services, can cause severe emotional distress, humiliation, anxiety, and psychological harm. Under Civil Code § 52(h), “actual damages” explicitly include both special and general damages, encompassing these non-economic injuries. For personal injury attorneys, this means that claims arising from discrimination often have a significant “pain and suffering” component, similar to other injury claims.
2. Physical Injuries from Violence/Intimidation: When a violation involves Civil Code § 51.7 (the Ralph Civil Rights Act), which protects against violence or intimidation based on protected characteristics, actual physical injuries can occur. If someone is assaulted or threatened due to their race, for example, Civil Code § 52(b) provides the legal framework to recover for medical expenses, lost wages, and pain and suffering related to those physical injuries, in addition to exemplary damages and a $25,000 civil penalty. This directly aligns with traditional personal injury claims for physical harm.
3. Enhanced Remedies and Attorney’s Fees: The potential for treble damages (up to three times actual damages, minimum $4,000) and mandatory attorney’s fees under Civil Code § 52 provides a powerful incentive for plaintiffs and makes these cases economically viable for personal injury lawyers. Even if a plaintiff’s “actual damages” are relatively low, the statutory minimum or the prospect of trebled damages can justify litigation, ensuring victims of discrimination can access legal representation.
4. Strategic Pleading for Plaintiffs: Personal injury attorneys representing clients who have suffered harm where discrimination played a role (e.g., in premises liability where a person was denied access due to disability and then injured, or in cases of hate-motivated violence) must consider adding a Civil Code § 52 claim. This allows for increased damage awards and the recovery of attorney’s fees, strengthening the plaintiff’s position.
5. Defense Considerations: For defense attorneys, recognizing the potential for a Civil Code § 52 claim in a personal injury lawsuit is critical. Such claims elevate the stakes considerably due to the enhanced damages and attorney’s fee provisions. Defendants, particularly businesses, must be aware of their obligations under the Unruh Act and the severe financial consequences of discriminatory conduct.

In essence, Civil Code § 52 transforms civil rights violations into serious legal actions with significant personal injury-like damage components, ensuring that acts of discrimination are not only legally wrong but also financially consequential for those who perpetrate them.