Filed 3/28/22 Allison v. Love Boutique-Vista CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS Calif ornia Rules of Court, rule 8.1115(a), prohibits courts and parties f rom citing or relying on opinions not certif ied f or publication or ordered published, except as specif ied by rule 8.1115(b). This opinion has not been certif ied f or publication or or dered published f or purposes of rule 8.1115. COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA RICH ALLISON, D078445 Plaintiff and Appellant, v. (Super. Ct. No. 37-2020- 00001260-CU-CR-NC) LOVE BOUTIQUE-VISTA, LLC, Defendant and Respondent. APPEAL from a judgment of the Superior Court of San Diego County, Earl H. Maas, III, Judge. Affirmed. The Rava Law Firm and Alfred G. Rava for Plaintiff and Appellant. Fox Rothschild, John J. Shaeffer and Andrew W. Russell for Defendant and Respondent. INTRODUCTION Rich Allison brought an action under Civil Code section 51, 1 the Unruh Civil Rights Act (Unruh Act or the Act), and section 51.5, after an adult store 1 Unspecified statutory references are to the Civil Code. denied him entry into its four-hour “Ladies Night” event because the event, which involved educating women about intimate sexual products, was restricted to women. The trial court sustained the adult store’s demurrer and dismissed the complaint. We conclude the trial court properly determined, based on the facts contained in the complaint and the materials attached to the complaint, that the adult store’s decision to limit attendance of the Ladies Night event to women did not violate the Unruh Act. BACKGROUND I. Factual Background2 At all relevant times, Love Boutique-Vista, LLC d/b/a Déjà Vu Love Boutique (Love Boutique) was the owner and operator of an adult store in Vista, California. In the ordinary course of its business, Love Boutique “welcomed adults of all sexes” and “displayed, demonstrated, and sold sex toys, BDSM (Bondage, Discipline, Sadism, and Masochism) devices, pornographic videos, condoms, and lingerie to all adults no matter their sex.” However, on January 20, 2019, between 6:00 p.m. and 10:00 p.m., Love Boutique held a women-only “Ladies Night 2019” event. It charged $25 for attendance, for which the purchaser in return received a ticket to enter the event and a $25 gift card. The first 50 women to purchase tickets also received a free “goodie bag.” Love Boutique publicized the event on its website, where it stated the event was for “ ‘Ladies 21+ ONLY,’ ” and explained, “ ‘This isn’t just a night for women with significant others though, it’s also a great time for single 2 Our recitation of the facts is derived from Plaintiff’s complaint. 2 women that are looking for a night out and learning more about finding their perfect toy/toys, lubes, and lingerie!’ ” Love Boutique also publicized the Ladies Night event on its “Facebook website.” Attached as “Exhibit 1” to the complaint were 17 pages of content from Love Boutique’s “Facebook website” relating to the “Ladies Night 2019” event. Many of these posts contained a graphic with …
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