What is the test for determining whether a defendant is liable for a hate crime under section 52.1 of the California Civil Code?

California, United States of America


The following excerpt is from Doan v. Ghoshal, C088128 (Cal. App. 2020):

something that he or she was not required to do under the law.' " (Shoyoye v. County of Los Angeles (2012) 203 Cal.App.4th 947, 955-956.) "The legislative history of section 52.1, enacted in 1987, makes clear that the crucial motivation behind passage of section 52.1 was to address the increasing incidence of hate crimes in California." (Id. at p. 956.) "However, the statutory language does not limit its application to hate crimes. Notably, the statute does not require a plaintiff to allege the defendant acted with discriminatory animus or intent based upon the plaintiff's membership in a protected class of persons." (Ibid.; accord, Venegas v. County of Los Angeles (2004) 32 Cal.4th 820, 841.) "A defendant is liable if he or she interfered with or attempted to interfere with the plaintiff's constitutional rights by the requisite threats, intimidation, or coercion." (Shoyoye, at p. 956.)

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