Perakis v. Superior Court

In Perakis v. Superior Court (1979) 99 Cal.App. 3d 730, the essence of the defendants' claim was that they were being discriminated against in the enforcement of bookmaking statutes "because they are 'neighborhood restaurants and bars,' distinguishable as a class by location, type patronage, and 'distinct social-economic standing sic .'" ( Id. , at p. 732.) The court held that defendants had properly been denied discovery to support this claim, reasoning as follows ( id. , at p. 734): "It is not necessary that the 'class' be one against which there has not been traditional or historical discrimination. Even so disparate and amorphous a group as 'neighborhood bars' might be a cognizable 'class,' provided some prosecutorial animus toward the class appears. What is imperative, however, is a prima facie showing that the prosecution was inspired by a discriminatory and hence unjustifiable motive."