Filed 8/26/20 Davis v. Krivacic CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sacramento) ---- LAMBERT DAVIS, C089084 Plaintiff and Appellant, (Super. Ct. No. 34201800232022CUDFGDS) v. JOHN KRIVACIC et al., Defendants and Respondents. Plaintiff Lambert Davis appeals after the trial court dismissed his case after sustaining the demurrer of defendants John Krivacic and the Sacramento Kings, LP (the Kings) without leave to amend. Davis alleged a single cause of action under the Unruh Civil Rights Act1 (the Act), in that defendants treated him unequally because of his race when Krivacic, a Kings employee, embarrassed and defamed him at the will call booth while Davis picked up tickets and VIP passes left for him by a visiting player. Davis then 1 Civil Code section 51. Further section references are to the Civil Code unless otherwise indicated. 1 gave the tickets to his brother and a friend. They attended the game without incident. The court found Davis failed to state a cause of action under the Act because he failed to allege defendants denied him access or otherwise subjected him to unequal treatment. We disagree and reverse. FACTUAL AND PROCEDURAL BACKGROUND2 Davis is well known among professional and minor league sporting teams for his cheesecake. He often exchanges cheesecake with visiting and home players for tickets to their Sacramento-area games. He regularly gifts these tickets to family and friends. On March 29, 2018, Davis picked up tickets and VIP passes to a Kings’s game at the will call booth left for him by a visiting basketball player. As Davis showed his driver’s license to an employee holding his tickets, her supervisor, Krivacic, “reached over her shoulder, snatched the ticket envelope and rifled through the contents.” Krivacic did not do this for anyone else and this created the impression Davis was not entitled to the tickets. Krivacic’s actions embarrassed and humiliated Davis in front of a crowd. Krivacic then gave the tickets back to the employee, who handed them to Davis. Davis walked toward the street and gave one ticket to his brother and the other to a friend, before going home. Krivacic watched Davis and, without investigation, reached the false 2 This case is related to a prior case filed in this court. (See Davis v. Sacramento River Cats Baseball Club, LLC (Sept. 19, 2019, C086840) [nonpub. opn.].) Davis seeks to incorporate the record of that case “as background” by citing its case number. Davis should have moved for judicial notice. (Evid. Code, § 452, subd. (d); Cal. Rules of Court, rule 8.1115(b)(1).) In any event, we see no need to judicially notice the record in Davis’s prior appeal. Davis alleged the facts of his prior case ...
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