WOOD, P. J.
This is a proceeding in prohibition to restrain the superior court from proceeding further in an action for injunctive relief.
The action was commenced by the Attorney General in the name and on behalf of the People of the State of California, and seeks to enjoin the defendants from alleged violations of the Unruh Civil Rights Act (Civ. Code, § 51). Defendants are Don Wilson Builders, a corporation, Southwood Construction Company, a corporation, and officers, directors, agents, employees, and licensees of said corporate defendants.
The complaint therein alleges in substance as follows : The defendants are and at all relevant times were the builders, owners, subdividers, sellers, and promoters of a housing tract known as Dominguez Hills in Los Angeles County. During a period of at least two years preceding the filing of this complaint, the defendants have sold and are now selling houses in said tract to the public. During said time, defendants have unlawfully denied the full and equal accommodations, advantages, facilities, privileges and services of their business establishment to Negroes, on the grounds of race or color, in that defendants have refused to sell, and have refused to offer to sell any of the houses to Negroes; defendants have refused to accept from Negroes applications and deposits relating to the purchase of said houses; and defendants have refused to enter into any sales discussion with a view to the possible sale of any of the houses to Negroes, all on the basis of race or color.
Six specific instances of the foregoing acts are then alleged. Then the complaint alleges: “Defendants’ discrim[79]*79inatory practice of refusing to sell or deal with prospective purchasers solely because said purchasers are Negroes is injurious to the health, safety, and welfare of the People of the State of California in that it creates and perpetuates segregated and inadequate housing for Negroes; creates and perpetuates de facto segregation in public schools, churches, hospitals, places of public accommodation, recreational facilities, and welfare and civic activities; deprives substantial numbers of persons within this state of rights guaranteed to them by the Constitution and laws of the State of California; and contributes to disease, crime and immorality. ’ ’
Plaintiff seeks an order enjoining defendants from refusing to sell houses on grounds of race, color, or religion; refusing to accept applications to purchase houses from prospective purchasers on grounds of race, color, or religion; refusing to enter into any sales discussion with a view to the possible sale of any house on grounds of race, color, or religion.
Defendants demurred to the complaint and moved for dismissal of the action on the ground (among others) that the Attorney General had no legal standing to complain of the conduct alleged in the complaint. These matters were heard on April 16, 1963, at the same time as a hearing in response to an order to show cause for an injunction pendente lite. After argument and presentation of points and authorities, the trial court continued the matter for the submission of additional authorities. Prior to those hearings, upon application of the People, the court issued a temporary restraining order which, as amended, is similar to the injunction sought.
At the conclusion of the hearings, the court announced that the preliminary injunction would be granted as prayed by plaintiff, and defendants instituted this proceeding in prohibition, praying that a writ issue restraining the entry of an order pursuant to such announcement, and restraining further proceedings in the action other than to dismiss it.
The sole question raised by the petition is whether the People of the State of California, acting through the Attorney General, have authority to maintain this civil action to restrain violations of section 51 of the Civil Code.
Petitioners contend that the powers of the Attorney General, though broad, are not without limitation; that the Attorney General “represents the interests of the People in matters of public concern only, and that he may not maintain [80]*80an action solely for the vindication of private rights or the redress of private grievances ’ ’; that section 51 of the Civil Code upon which this action is based creates purely personal and private rights only, and it “does not purport to create rights of general public concern, nor does it purport to place any duty upon the Attorney General nor to empower him with any right to bring any action in his official capacity based upon an alleged violation of the rights therein created. ’ ’
The People contend that “the rights and interests sought to be vindicated by this action are incontrovertibly of a public nature, justifying the state in its representative capacity in seeking the relief for which the complaint herein prays. ’ ’
Section 51 of the Civil Code provides: “This section shall be known, and may be cited, as the Unruh Civil Bights Act. All persons within the jurisdiction of this State are free and equal, and no matter what their race, color, religion, ancestry, or national origin are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments of every kind whatsoever.
“This section shall not be construed to confer any right or privilege on a person which is conditioned or limited by law or which is applicable alike to persons of every color, race, religion, ancestry, or national origin.”
Section 52 of the Civil Code provides: “Whoever denies, or who aids, or incites such denial, or whoever makes any discrimination, distinction or restriction on account of color, race, religion, ancestry, or national origin, contrary to the provisions of section 51 of this code, is liable for each and every such offense for the actual damages, and two hundred fifty dollars ($250) in addition thereto, suffered by any person denied the rights provided in section 51 of this code. ’ ’
In the case of Burks v. Poppy Constr. Co., 57 Cal.2d 463 [20 Cal.Rptr. 609, 370 P.2d 313], the plaintiffs, husband and wife, who were Negroes, sought damages and injunctive relief, under the Unruh Act, alleging discrimination with respect to the sale of a house in a tract. A demurrer to the first cause of action therein (based on the Unruh Act) was sustained without leave to amend, and judgment of dismissal was entered. On appeal therein the judgment was reversed, and it was said (p. 469) : “It is clear that defendants operated ‘business establishments’ within the meaning of the term as used in the Unruh Act.” At page 470 it was said “ [A] person whose civil rights are invaded as a result of dis[81]*81crimination against a group on the basis of race or ancestry may bring an action for injunctive relief on behalf of all members of the group similarly situated.” At page 471 the court further said: 11 Discrimination on the basis of race or color is contrary to the public policy of the United States and of this state.” Also on page 471 it was said: “Discrimination in housing leads to lack of adequate housing for minority groups [citation], and inadequate housing conditions contribute to disease, crime, and immorality. Under the police power reasonable restrictions may be placed upon the conduct of any business and the use of any property [citations], and the restriction here imposed in furtherance of the policy against discrimination is reasonable.”
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WOOD, P. J.
This is a proceeding in prohibition to restrain the superior court from proceeding further in an action for injunctive relief.
The action was commenced by the Attorney General in the name and on behalf of the People of the State of California, and seeks to enjoin the defendants from alleged violations of the Unruh Civil Rights Act (Civ. Code, § 51). Defendants are Don Wilson Builders, a corporation, Southwood Construction Company, a corporation, and officers, directors, agents, employees, and licensees of said corporate defendants.
The complaint therein alleges in substance as follows : The defendants are and at all relevant times were the builders, owners, subdividers, sellers, and promoters of a housing tract known as Dominguez Hills in Los Angeles County. During a period of at least two years preceding the filing of this complaint, the defendants have sold and are now selling houses in said tract to the public. During said time, defendants have unlawfully denied the full and equal accommodations, advantages, facilities, privileges and services of their business establishment to Negroes, on the grounds of race or color, in that defendants have refused to sell, and have refused to offer to sell any of the houses to Negroes; defendants have refused to accept from Negroes applications and deposits relating to the purchase of said houses; and defendants have refused to enter into any sales discussion with a view to the possible sale of any of the houses to Negroes, all on the basis of race or color.
Six specific instances of the foregoing acts are then alleged. Then the complaint alleges: “Defendants’ discrim[79]*79inatory practice of refusing to sell or deal with prospective purchasers solely because said purchasers are Negroes is injurious to the health, safety, and welfare of the People of the State of California in that it creates and perpetuates segregated and inadequate housing for Negroes; creates and perpetuates de facto segregation in public schools, churches, hospitals, places of public accommodation, recreational facilities, and welfare and civic activities; deprives substantial numbers of persons within this state of rights guaranteed to them by the Constitution and laws of the State of California; and contributes to disease, crime and immorality. ’ ’
Plaintiff seeks an order enjoining defendants from refusing to sell houses on grounds of race, color, or religion; refusing to accept applications to purchase houses from prospective purchasers on grounds of race, color, or religion; refusing to enter into any sales discussion with a view to the possible sale of any house on grounds of race, color, or religion.
Defendants demurred to the complaint and moved for dismissal of the action on the ground (among others) that the Attorney General had no legal standing to complain of the conduct alleged in the complaint. These matters were heard on April 16, 1963, at the same time as a hearing in response to an order to show cause for an injunction pendente lite. After argument and presentation of points and authorities, the trial court continued the matter for the submission of additional authorities. Prior to those hearings, upon application of the People, the court issued a temporary restraining order which, as amended, is similar to the injunction sought.
At the conclusion of the hearings, the court announced that the preliminary injunction would be granted as prayed by plaintiff, and defendants instituted this proceeding in prohibition, praying that a writ issue restraining the entry of an order pursuant to such announcement, and restraining further proceedings in the action other than to dismiss it.
The sole question raised by the petition is whether the People of the State of California, acting through the Attorney General, have authority to maintain this civil action to restrain violations of section 51 of the Civil Code.
Petitioners contend that the powers of the Attorney General, though broad, are not without limitation; that the Attorney General “represents the interests of the People in matters of public concern only, and that he may not maintain [80]*80an action solely for the vindication of private rights or the redress of private grievances ’ ’; that section 51 of the Civil Code upon which this action is based creates purely personal and private rights only, and it “does not purport to create rights of general public concern, nor does it purport to place any duty upon the Attorney General nor to empower him with any right to bring any action in his official capacity based upon an alleged violation of the rights therein created. ’ ’
The People contend that “the rights and interests sought to be vindicated by this action are incontrovertibly of a public nature, justifying the state in its representative capacity in seeking the relief for which the complaint herein prays. ’ ’
Section 51 of the Civil Code provides: “This section shall be known, and may be cited, as the Unruh Civil Bights Act. All persons within the jurisdiction of this State are free and equal, and no matter what their race, color, religion, ancestry, or national origin are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments of every kind whatsoever.
“This section shall not be construed to confer any right or privilege on a person which is conditioned or limited by law or which is applicable alike to persons of every color, race, religion, ancestry, or national origin.”
Section 52 of the Civil Code provides: “Whoever denies, or who aids, or incites such denial, or whoever makes any discrimination, distinction or restriction on account of color, race, religion, ancestry, or national origin, contrary to the provisions of section 51 of this code, is liable for each and every such offense for the actual damages, and two hundred fifty dollars ($250) in addition thereto, suffered by any person denied the rights provided in section 51 of this code. ’ ’
In the case of Burks v. Poppy Constr. Co., 57 Cal.2d 463 [20 Cal.Rptr. 609, 370 P.2d 313], the plaintiffs, husband and wife, who were Negroes, sought damages and injunctive relief, under the Unruh Act, alleging discrimination with respect to the sale of a house in a tract. A demurrer to the first cause of action therein (based on the Unruh Act) was sustained without leave to amend, and judgment of dismissal was entered. On appeal therein the judgment was reversed, and it was said (p. 469) : “It is clear that defendants operated ‘business establishments’ within the meaning of the term as used in the Unruh Act.” At page 470 it was said “ [A] person whose civil rights are invaded as a result of dis[81]*81crimination against a group on the basis of race or ancestry may bring an action for injunctive relief on behalf of all members of the group similarly situated.” At page 471 the court further said: 11 Discrimination on the basis of race or color is contrary to the public policy of the United States and of this state.” Also on page 471 it was said: “Discrimination in housing leads to lack of adequate housing for minority groups [citation], and inadequate housing conditions contribute to disease, crime, and immorality. Under the police power reasonable restrictions may be placed upon the conduct of any business and the use of any property [citations], and the restriction here imposed in furtherance of the policy against discrimination is reasonable.”
In People v. Centr-O-Mart, 34 Cal.2d 702 [214 P.2d 378], a district attorney began a civil action in the name of “The People of the State of California” to enjoin alleged violations of the Unfair Practices Act (Bus. & Prof. Code, §§ 17000-17101). The defendants therein demurred and moved to dismiss the complaint upon the ground that the state was not a proper party. The demurrer was sustained without leave to amend and judgment of dismissal was entered. The question presented therein was whether the state, because not expressly included within the list of those who might bring such actions, was excluded by implication. It was held that the state was not excluded, and the judgment was reversed. It was said therein (p. 704): “Where a statute is not expressly made applicable to government, it is for the courts to determine whether the Legislature intended it to apply to government. In making that determination, it is proper to consider all matters which, under the rule of statutory interpretation, shed light on the legislative intention. . . . The Legislature here has specifically declared that the purpose of the act is to 1 safeguard the public. ’ It would appear that the state, acting through its law enforcement officers, is a proper party plaintiff to bring suit for that purpose, and that the Legislature did not intend to exclude it by implication. ’ ’
In Pierce v. Superior Court, 1 Cal.2d 759 [37 P.2d 453, 460, 96 A.L.R. 1020], it was held that the Attorney General, as the chief law officer of the state, had broad powers derived from the common law, and in the absence of any legislative restriction, had the power to file any civil action or proceeding directly involving the rights and interests of the state, or which he deemed necessary for the enforcement of [82]*82the law of the state, the preservation of order, and the protection of public rights and interests. It was said therein at pages 761 and 762 that Political Code, section 1109, was not “to be construed as a restriction upon the broad powers of the attorney-general. The fact that a remedy is given to a private individual to institute such an action could not operate to deny the power of the attorney-general to bring a similar action on behalf of the state, which power exists independent of said section. ’ ’
It thus appears from the above cited cases that the Supreme Court of this state has decided that persons who are engaged in the business of building and selling houses in a tract are operating “business establishments” within the meaning of the Unruh Act; that injunctive relief as well as damages may be available under that act; an action for injunctive relief, under the act, may be brought by a person on behalf of all persons similarly situated; discrimination on the basis of race or color is contrary to the public policy of the state; discrimination in housing leads to inadequate housing conditions which contribute to disease, crime, and immorality ; that the restriction imposed under the act in furtherance of the policy against discrimination is reasonable; and that the Attorney General, as the chief law officer of the state, has broad powers derived from the common law.
In the present case, in view of the pronouncements of the Supreme Court, it appears that the allegations of the complaint herein were sufficient to show that defendants, as builders and sellers of houses in a housing tract, were operating a business establishment within the meaning of the Unruh Act. As above shown, other allegations of the complaint were to the effect that in the matter of selling such houses the defendants discriminated against Negroes by refusing to sell to them, and that such discrimination is injurious to the health, safety, and welfare of the People of the state. As above stated, the defendants demurred to the complaint and thereby presented the issue as to whether (even if it be assumed that such allegations are true) the Attorney General was entitled to bring the action in the name of the People. By reason of the demurrer, the allegations of the complaint are assumed to be true, merely for the purpose of testing the legal sufficiency of the complaint. The proceeding in this court is not for the purpose of determining whether, as a matter of fact, there was discrimination, but it is only for the purpose of determining whether, if it be assumed that the alleged facts are [83]*83true, the Attorney General was entitled, on the basis of such assumed facts, to bring this action.
In People v. Centr-O-Mart, supra, the Supreme Court held that a district attorney was authorized to bring an action in the name of the People for injunctive relief for violations of the Unfair Practices Act, even though that act did not expressly authorize such an action to be brought in the name of the People. The purpose of that act, as stated therein, is to “safeguard the public” against monopolies and business practices by which fair competition is destroyed or prevented.
The purpose of the Unruh Act, involved in the present ease, is to prevent discrimination in business establishments on account of race or color. That act does not expressly provide that a purpose thereof is to safeguard the public against such discrimination, but in the Burks case, supra, it was said that discrimination on the basis of race or color is contrary to the public policy of the state. In the Burks case it was also held that discrimination, prohibited under the Unruh Act, contributed to disease, crime, and immorality. Furthermore, in the present case, the complaint alleged that the asserted discrimination was injurious to the health, safety, and welfare of the People of the state. The Unruh Act does not expressly authorize such an action to be brought in the name of the People, but it would seem that the reason for authorizing an action in the name of the People for injunctive relief under the Unfair Practices Act would be applicable in an action for injunctive relief under the Unruh Act.
In view of the Supreme Court eases above cited, involving situations substantially analogous to the situation in the present case, it is concluded that the contention of the Attorney General (relative to maintaining the action) should be sustained.
The petition for a writ of prohibition is denied. The alternative writ of prohibition is discharged.
Lillie, J., concurred.