Waremart

We publish this case primarily to deal with some pesky dictum in one of our prior opinions. ( Bank of Stockton v. Church of Soldiers (1996) 44 Cal.App.4th 1623 , 52 Cal.Rptr.2d 429 .) Recognizing that attorneys are resourceful advocates who will seize upon any language, including dictum, favorable to their positions, we want to ensure that what we said there in passing will now pass away, and not be misused in the future.

Defendants (hereafter referred to collectively as Progressive) employ individuals to solicit and gather signatures on initiative petitions to place measures on election ballots. After such individuals stationed themselves at the entrance of plaintiffs store in Chico and refused to leave when asked to do so, plaintiff (hereafter Waremart) sought a court order to enjoin Progressive and others from standing on the privately owned sidewalk immediately outside the entrance to Waremart's store for the purpose of soliciting customers to sign initiative petitions.

Based upon its interpretation of Robins v. Pruneyard Shopping Center (1979) 23 Cal.3d 899 , 153 Cal.Rptr. 854 , 592 P.2d 341 (hereafter Pruneyard ) and Pruneyard's progeny, the trial court…