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HAMBURG v. WAL-MART STORES, INC.

No. A101829.

10 Cal.Rptr.3d 568 (2004)

116 Cal.App.4th 497

Dan HAMBURG, et al., Plaintiffs and Appellants, v. WAL-MART STORES, INC., et al., Defendants and Respondents.

Court of Appeals of California, First District, Division Two.

As Modified March 3, 2004.

Attorney(s) appearing for the Case

Law Offices of Mark E. Merin, Mark E. Merin, Sacramento, for Appellants.

Phillips, Spallas & Fotouhi, LLP, Robert K. Phillips, Ryan T. Dunn, San Francisco, for Respondents.

KLINE, P.J.

INTRODUCTION

Appellants, who were conducting a protest at respondent Wal-Mart's business premises in Ukiah, were arrested for trespass after they refused to leave. They commenced this action for false arrest and violation of constitutional rights against Wal-Mart and the store manager who made the arrests as a private person. (Pen.Code, § 837.) Respondents moved for summary judgment and the...

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