April 7, 2026
Court of Appeal of the State of California, Fifth Appellate District
The Rule of Tulare Medical Center Property Owners Association is that CC&Rs adopted by public entities prohibiting abortion clinics are unenforceable as violations of fundamental public policy and Civil Code section 531, under circumstances where a public entity creates land use restrictions that interfere with constitutional reproductive rights without demonstrating a compelling governmental interest.
May 6, 2026 (modified April 7, 2026 original)
Court of Appeal of the State of California, Fifth Appellate District
The Rule of Tulare Medical Center Property Owners Association v. Leopoldo Valdivia is that a public entity's adoption and recording of CC&Rs containing a prohibition on abortion clinics violates the California Constitution and is unenforceable as against fundamental public policy, under circumstances where the public entity's creation of the prohibition constitutes government action that interferes with the fundamental right of procreative choice without a compelling justification.