Sabrina Pullum, Kesha Renne Halcromb, Tiyanna Andrews, Tierra Hatchett v. Cinemark USA Inc.
Published: Feb. 23, 2005 | Result Date: Dec. 9, 2004 | Filing Date: Jan. 1, 1900 |Case number: MC014782 Bench Decision – $0
Judge
Court
L.A. Superior Lancaster
Attorneys
Plaintiff
Daniel M. Holzman
(Caskey & Holzman)
Defendant
Facts
On June 28, 2002, the 13-year-old plaintiff Tierra Hatchett and two of her friends (Chanel Jones and Tiyanna G. Andrews) wanted to see the R-rated movie "Panic Room." They were taken to the theater by Hatchett's mother, the plaintiff Kesha Halcromb, and Hatchett's 22-year-old aunt, the plaintiff Sabrina Pullum. When they arrived at the theater, Hatchett's mother let them out at the box office window and drove off to find a parking space. The plaintiff Pullum approached the box office window with her three 13-year-old companions in tow and asked for five tickets. Cinemark's publicly stated R-rated policy required that persons under the age of 17 be accompanied by their own parent in order to be admitted into an R-rated movie. The Box Office employee immediately observed that the plaintiff Pullum was too young to be the parent of the 13 year olds accompanying her. After initially contesting the Cinemark employee's observation that she appeared too young to be the mother of minors, the plaintiff Pullum eventually begrudgingly admitted that she was in fact not their mother. Later, when Halcromb had parked the car, she also approached the box office window to attempt to purchase the tickets. Halcromb, indicated to the box office employee that she was the mother of Hatchett but was not the parent of the other two children (Andrews and Jones). Accordingly, pursuant to Cinemark's stated R-rated policy, the Cinemark employee refused to sell them tickets since two of the 13 year olds were not accompanied by their own parents to the theater. The plaintiffs filed suit against the theater under the Unruh Civil Rights Act, alleging that the defendant Cinemark discriminated against them on the basis of their status as African-Americans.
Settlement Discussions
The plaintiffs demanded $750,000. The defendant offered $10,000.
Injuries
Emotional distress.
Result
The defense motion for summary judgment was granted in its entirety. The court found that the plaintiffs' action had no merit and that the defendant was entitled to judgment in its favor as a matter of law. There was no evidence that the rated-R policy implemented by the defendant or as applied to the plaintiffs was discriminatory either in intent or effect or that the defendant's refusal to sell the plaintiffs tickets was racially motivated.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390