Tuesday, September 15, 2026
Page 3
C.A. Reinstates Suit Against Rabbi Accused of Tearing Up Signs of Would-Be Protester
By a MetNews Staff Writer
The Court of Appeal for this district has reinstated an action against a rabbi who allegedly tore up signs a woman planned to use in protesting the conducting of “Kapparot,” an Orthodox Jewish ritual that includes the slaughtering of a chicken.
Justice John L. Segal of Div. Seven authored the unpublished opinion, filed Friday. It reverses a judgment of dismissal, following the sustaining of demurrers without leave to amend, by Los Angeles Superior Court Judge Rupert A. Byrdsong in favor of Rabbi Netanel Louie and the Hebrew Discovery Center (“HDC”) and against Sandra Bell.
Segal’s opinion instructs that, on remand, a demurrer to a cause of action under the Ralph Civil Rights Act be overruled and that demurrers to claims under the Bane Civil Rights Act and for civil conspiracy again be sustained but, this time, with leave to amend.
Byrdsong had also sustained demurrers without leave to amend to causes of action for assault and battery and elder abuse. A repetition of that action was directed.
Ralph Act
The Ralph Act says, in Civil Code §51.7, that “[a]ll persons within the jurisdiction of this state have the right to be free from any violence, or intimidation by threat of violence, committed against their persons or property because of political affiliation.” Segal wrote:
“[T]o state a cause of action under the Ralph Act claim, Bell had to allege that she suffered harm and that the conduct of Rabbi Louie and HDC was a substantial factor in causing it. Bell alleged that, by ‘physically ripping up the signs so they could not be used to protest any longer.’ Rabbi Louie committed a destructive act against [her] property.’ That allegation was sufficient.”
The justice added:
“…Bell alleged a destructive act against her property. Because the Ralph Act protects against ‘violence...or intimidation by threat of violence’…, a plaintiff who alleges physical violence against property need not also allege a threat of violence.”
Bane Act
The Bane Act provides, in Civil Code § 52.1, that “[a]ny individual whose exercise or enjoyment of rights secured by the Constitution or laws of the United States, or of rights secured by the Constitution or laws of this state, has been interfered with, or attempted to be interfered with,” in a manner described, “may institute and prosecute in their own name and on their own behalf a civil action for damages....”
Segal said that Bell did allege an interference with her right of free speech and that coercion was employed, but did not set forth, as required, that state action was involved in depriving her of First Amendment rights. He wrote:
“Though the parties had an opportunity to brief the state action issue on appeal, it would be unfair to Bell to affirm the dismissal of Bell’s Bane Act cause of action on the pleadings without allowing the trial court in the first instance to consider the merits of the argument and whether to grant Bell leave to amend.”
The jurist added:
“…Bell may be able to state a cause of action under the Bane Act if she can allege that Rabbi Louie was acting at the direction of the state or that Rabbi Louie or HDC violated a right or law that (unlike the First Amendment’s guaranty of free speech) does not require state action.”
Civil Conspiracy
He went on to say:
“Because civil conspiracy is not an independent cause of action, the trial court did not err in sustaining the demurrer by Rabbi Louie and HDC to Bell’s cause of action for conspiracy. But Bell can easily cure the defect by amending her complaint to include her conspiracy allegations, if appropriate, in her remaining cause(s) of action.”
The case is Bell v. Louie, B343209.
Bryan W. Pease of the San Diego firm of Pease & Ijadi, along with Beverly Hills attorney G. David Tenenbaum, represented Bell. Stephanie N. Taub of First Liberty Institute in Texas joined with Leah M. Fugere of the downtown Los Angeles firm of Wilmer Cutler Pickering Hale and Dorr in acting for the defendants.
Copyright 2026, Metropolitan News Company