Orloff v. Hollywood Turf Club

THE COURT.

This is just another appeal in that large category of appeals, wholly devoid of merit, which come to this court for decision.

The appellant, as plaintiff below, instituted two actions, one against the Hollywood Turf Club and the other against the Los Angeles Turf Club, Inc., which he submits for decision on consolidated briefs. On January 31, 1946, plaintiff after having purchased a ticket from the Los Angeles Turf Club, Inc., was ejected after his admission from its Santa Anita race track for a cause, not stated by him, but which he avers, by way of conclusion and not ultimate fact, was unlawful and unjustified. Likewise, after purchasing a ticket and being admitted on February 2,1946, he was again ejected. He avers that on both occasions he was told by the agents of the Los Angeles Turf Club, the owners of the Santa Anita race track, that even though he should thereafter, at any time, purchase a ticket or tender the cost of admission he would not be admitted to the track and, if by chance he should happen to be admitted he would be ejected. As a result of these alleged statements appellant on April 6, 1951, instituted an action against the Los Angeles Turf Club, Inc., as the owner along with its agents to recover damages and penalties predicated upon Civil Code, sections 51, 52, 53 and 54. The action was not based upon the two particular acts of ejectment as narrated (as the statute of limitations had run) but on the theory that he was entitled to damages for his nonadmission

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or ejection on each and every racing day the track was open thereafter within three years of the date of the filing of his complaint, even though he had not personally appeared at the track or purchased a ticket or been ejected on any of such days. The basis for this claim of damages and penalties is rested (1) on the statement made by the owners of the racing track, or their agents, that even if plaintiff purchased a ticket he would not be admitted and, if he succeeded in being admitted, that he would be ejected; (2) that the defendants waived any legal obligation of the plaintiff to purchase a ticket and seek admission thereafter because in suits for injunction to restrain the defendants from refusing to admit him to the racing arena the defendants resisted the suits. This then is the sole basis for his alleged cause of action.