H-CHH Associates v. Citizens for Representative Government

*1201 Opinion

Introduction

Defendants Citizens for Representative Government and individual members thereof appeal from orders granting a temporary restraining order and a preliminary injunction to plaintiffs H-CHH Associates and Hahn Property Management Corporation. Plaintiffs appeal from that portion of the order which invalidates their rules and regulations proscribing the solicitation of funds from or approaching plaintiffs’ patrons.

Statement of Facts

Plaintiffs own and operate privately an extensive shopping center in downtown Pasadena known as Plaza Pasadena. The two-story building complex contains approximately 600,000 square feet of rental space and caters to 125 commercial tenants. This area surrounds a central courtyard running the length of the mall interior. The area denominated “Garfield Court” is approximately 100 feet wide; the remainder of the courtyard is approximately 40 feet in width. The Plaza occupies several square blocks along the city’s major thoroughfare and has replaced, for the most part, one of the city’s major shopping districts. It is immediately adjacent to the Pasadena auditorium and convention center and within one block of city hall. The…

Concurring and Dissenting. — I concur with the majority opinion in respect to the temporary restraining order pertaining to plaintiff Plaza’s rules and regulations specifically concerning the holiday ban.

I also concur with the majority opinion’s treatment of the issues relating to plaintiff Plaza’s cross-appeal in respect to rules 11 and 12 of Plaza’s “Rules for Political Petitioning on Shopping Center Property” (appen. A) which were attached to its complaint.

However, I respectfully disagree with the majority opinion’s general treatment of the remaining paragraphs contained in Plaza’s rules and the application procedure. This disagreement stems from what I perceive to be the applicable standard of review, language in Robins v. Pruneyard Shopping Center (1979) 23 Cal.3d 899 [ 153 Cal.Rptr. 854 , 592 P.2d 341 ], and the belief that generally we should decide each issue on the narrowest possible grounds on a case-by-case basis.

The standard of review with regard to the trial court’s grant of a preliminary injunction is well-established. The decision to grant a preliminary injunction “rests in the sound discretion of the trial court. ...” A trial court will be found to have…

Defendants Citizens for Representative Government and individual members thereof appeal from orders granting a temporary restraining order and a preliminary injunction to plaintiffs H-CHH Associates and Hahn Property Management Corporation. Plaintiffs appeal from that portion of the order which invalidates their rules and regulations proscribing the solicitation of funds from or approaching plaintiffs' patrons.

Plaintiffs own and operate privately an extensive shopping center in downtown Pasadena known as Plaza Pasadena. The two-story building complex contains approximately 600,000 square feet of rental space and caters to 125 commercial tenants. This area surrounds a central courtyard running the length of the mall interior. The area denominated "Garfield Court" is approximately 100 feet wide; the remainder of the courtyard is approximately 40 feet in width. The Plaza occupies several square blocks along the city's major thoroughfare and has replaced, for the most part, one of the city's major shopping districts. It is immediately adjacent to the Pasadena auditorium and convention center and within one block of city hall. The city's redevelopment agency…