CC&Rs Interfered with a Fundamental California Constitutional Right

Tulare Medical Center Property v. Valdivia
F089334 (Fifth Appellate District) April 8, 2026

A public hospital district in California established and recorded covenants, conditions, and restrictions (CC&Rs) in 1991 for a common interest development known as the Tulare Medical Center. These CC&Rs included a prohibition on abortion clinics within the development. In 2001, certain property subject to these CC&Rs was transferred to individual owners, who later sought to lease it to a family planning organization that provides a range of services, including abortion. The property owner’s association, comprised of all parcel owners and authorized to enforce the CC&Rs, objected to the lease and sought to enjoin the operation of the clinic, arguing that any abortion services would violate the CC&Rs.
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The Superior Court denied the injunction, finding there was a credible threat that abortion services would be provided but concluding that the association had not shown a likelihood of prevailing on the merits. The California Court of Appeal affirmed the order denying the motion, holding that the prohibition on abortion clinics, adopted by a public entity, constituted government action that interfered with the fundamental California Constitutional right to reproductive choice. The court found no compelling interest justifying the restriction, and concluded the prohibition violated fundamental public policy. Additionally, the court held that the prohibition was void under Civil Code section 53 because it indirectly limited property use based on a characteristic protected by the Unruh Act.