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BEST FRIENDS ANIMAL SOCIETY v. MACERICH WESTSIDE PAVILION PROPERTY LLC

No. B221067.

193 Cal.App.4th 168 (2011)

BEST FRIENDS ANIMAL SOCIETY, Plaintiff and Appellant, v. MACERICH WESTSIDE PAVILION PROPERTY LLC, Defendant and Respondent.

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

March 2, 2011.

Attorney(s) appearing for the Case

Browne Woods George , Eric M. George and Ira Bibbero for Plaintiff and Appellant.

Katten Muchin Rosenman , Thomas J. Leanse , Stacey McKee Knight and Janella T. Gholian for Defendant and Respondent.

OPINION

ASHMANN-GERST, J.—

The question presented is whether article I, section 2 of the California Constitution permits a privately owned shopping mall to enforce rules that give preferential treatment to labor speech and thereby discriminate against other types of speech. The answer is no. We therefore reverse the trial court's order denying the motion for preliminary injunction filed...

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