Pacific Turf Club, Inc. v. Cohn

104 Cal.App.2d 371 (1951) PACIFIC TURF CLUB, INC. (a Corporation), Respondent,

v.

PAUL COHN, Appellant.

Civ. No. 14100. California Court of Appeals. First Dist., Div. Two.

May 22, 1951. Leo R. Friedman for Appellant.

Donahue, Richards, Rowell & Gallagher and George E. Thomas for Respondent.

NOURSE, P. J.

Plaintiff had a temporary injunction restraining defendant from attending races at the track operated by plaintiff. The hearing was had on the verified complaint, oral testimony and the demurrer and opposition filed by defendant.

The proceeding rests on the rules of the California Horse Racing Board adopted pursuant to statute. (Bus. & Prof. Code, 19561.) The pertinent provisions of these rules read:

"41. All persons guilty of any dishonest or corrupt practice, fraudulent act or other conduct detrimental to racing, committed while within or without any racing enclosure, shall be ruled off all racing enclosures under the jurisdiction of the California Horse Racing Board, and it shall be the duty of the stewards and those authorized by them to exclude from all places under their jurisdiction persons who commit such offenses or are so ruled off."

"310. Any person found guilty of the violation of Section 337(a), 337(b), 337(c), 337(d), 337(e), 337(f) or 337(g) of the Penal Code of the State of California shall be suspended and the matter referred to the California Horse Racing Board which may in its discretion revoke the license of or rule off such person."

"355. Any association conducting race meetings under license from the racing board shall properly police its grounds, including the stable area, and shall eject therefrom known undesirables, touts, persons under suspension or ruled off, persons of lewd or immoral character, and persons guilty of boisterous or disorderly conduct or other conduct detrimental to racing or the public welfare. ..."

It was alleged in the complaint and not denied that the California Horse Racing Board had instructed plaintiff to bar defendant Cohn from its track and informed plaintiff that if it did not do so its license to operate the track would be revoked. The conviction of defendant of a felony under section 337(a) of the Penal Code and the appeal then pending from the judgment was stipulated to at the hearing.