Brown

Brown v. Pacifica Found., Inc.

Good Law
246 Cal. Rptr. 3d 822·34 Cal. App. 5th 915
Court of Appeal of CaliforniaApril 29, 2019A152824California6,603 words

Opinion

Lead Opinion

Tucher, J.

*918 I. INTRODUCTION

Pacifica Foundation, Inc. (Pacifica) is a California non-profit corporation that owns and operates public radio stations across the country, including KPFK in Los Angeles. Sharon Brown was elected to be a "Delegate" of KPFK and subsequently to a position on Pacifica's National Board of Directors. However, Pacifica notified Brown she was ineligible for these board positions because she was a Los Angeles Small Business Commissioner, and Pacifica bylaws bar individuals from serving in board positions while they hold any public office. When Brown refused to acknowledge her disqualification, Pacifica voted to remove her from the KPFK Local Station Board and Pacifica's National Board.

Claiming her removal was instigated by a rival faction of Pacifica's National Board, Brown and two other individuals with similar complaints filed the underlying action for declaratory and injunctive relief. The *824 present appeal is from an order granting Brown a preliminary injunction enjoining Pacifica during the pendency of this litigation to restore Brown to her board positions. The trial court found that Brown will likely succeed on the merits of her claim because, as a…

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