Trader Joe's Co. v. Progressive Campaigns, Inc.

I. Introduction

Appellants attempted to obtain signatures for initiative petitions from individuals patronizing the Trader Joe’s store in Santa Rosa. Trader Joe’s objected and halted the petitioning activity being conducted in front of its store entrance. In its subsequent trespass action, Trader Joe’s obtained a preliminary injunction banning appellants from soliciting signatures at the Santa Rosa Trader Joe’s during the pendency of this action. Appellants appeal that preliminary injunction order. The primary issue on appeal is whether the state constitutional right to engage in expressive activity on private property, which was recognized by our Supreme Court in Robins v. Pruneyard Shopping Center (1979) 23 Cal.3d 899 [ 153 Cal.Rptr. 854 , 592 P.2d 341 ] (Pruneyard), protects the challenged activity.

We hold that Trader Joe’s is likely to succeed on the merits of its claim that the challenged activity is not constitutionally protected and affirm the preliminary injunction order.

II. Factual and Procedural Background

On April 20, 1998, Trader Joe’s filed a complaint seeking injunctive relief and damages for trespass against Matthew Temple (Temple), Progressive…