RALPHS GROCERY CO. v. UNITED FOOD & COMMERCIAL WORKERS UNION LOCAL 8

No. S185544.

55 Cal.4th 1083 (2012)

150 Cal. Rptr. 3d 501

290 P.3d 1116

RALPHS GROCERY COMPANY, Plaintiff and Appellant, v. UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 8, Defendant and Respondent.

Supreme Court of California.

December 27, 2012.


Attorney(s) appearing for the Case

Morrison & Foerster, Miriam A. Vogel , Timothy F. Ryan and Tritia M. Murata for Plaintiff and Appellant.

Littler Mendelson>, William J. Emanuel and Natalie Rainforth for Employers Group, California Grocers Association and California Hospital Association as Amici Curiae on behalf of Plaintiff and Appellant.

Jones Day, Willis J. Goldsmith , Amanda M. Betman , Craig E. Stewart ; National Chamber Litigation Center, Inc., Robin S. Conrad and Shane B. Kawka for Chamber of Commerce of the United States of America as Amicus Curiae on behalf of Plaintiff and Appellant.

Manatt, Phelps & Phillips, Michael M. Berger and Matthew P. Kanny for California Retailers Association, California Business Properties Association and International Council of Shopping Centers as Amici Curiae on behalf of Plaintiff and Appellant.

Davis, Cowell & Bowe, Richard G. McCracken , Steven L. Stemerman , Elizabeth A. Lawrence , Andrew J. Kahn , Paul L. More and Sarah Grossman-Swenson for Defendant and Respondent.

David L. Llewellyn, Jr. , for the Missionary Church of the Disciples of Jesus Christ as Amicus Curiae on behalf of Defendant and Respondent.

Judith A. Scott ; Altshuler Berzon , Stephen P. Berzon , Scott A. Kronland and P. Casey Pitts for Service Employees International Union as Amicus Curiae on behalf of Defendant and Respondent.

Lynn Rhinehart, James B. Coppess ; Altshuler Berzon and Michael Rubin for American Federation of Labor and Congress of Industrial Organizations as Amicus Curiae on behalf of Defendant and Respondent.

Alan L. Schlosser for American Civil Liberties Union of Northern California as Amicus Curiae on behalf of Defendant and Respondent.

Catherine L. Fisk for Labor Law Professors as Amicus Curiae on behalf of Defendant and Respondent.

Reich, Adell & Cvitan and J. David Sackman for Korean Immigrant Workers Alliance as Amicus Curiae on behalf of Defendant and Respondent.

DeCarlo, Connor & Shanley and Daniel M. Shanley for Southwest Regional Council of Carpenters as Amicus Curiae on behalf of Defendant and Respondent.

Edmund G. Brown, Jr. , and Kamala D. Harris , Attorneys General, Manuel M. Medeiros , State Solicitor General, J. Matthew Rodriquez , Chief Assistant Attorney General, Louis Verdugo, Jr. , Assistant Attorney General, Angela Sierra and Antonette Benita Cordero , Deputy Attorneys General, as Amici Curiae on behalf of Defendant and Respondent.


OPINION

KENNARD, J.

A supermarket owner sought a court injunction to prevent a labor union from picketing on the privately owned walkway in front of the only customer entrance to its store. In response, the union argued that two statutory provisions — Code of Civil Procedure section 527.3 (the Moscone Act) and Labor Code section 1138.1 (section 1138.1) — prohibited issuance of an injunction under these circumstances. The...

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