Legal Opinion
Lushbaugh v. Home Depot U.S.A., Inc.
California Court of Appeal
Decided November 20, 2001No. B143326PublishedCited by 5 opinions
1Opinion of the Court
Opinion
CURRY, J.
The parties in this case seek to have us resolve the issue of whether a stand-alone warehouse-type retail establishment is the modern-day equivalent of a shopping mall and therefore subject to the California Supreme Court’s decision in Robins v. Pruneyard Shopping Center (1979) 23 Cal.3d 899 [153 Cal.Rptr. 854, 592 P.2d 341] (Pruneyard), affirmed Pruneyard Shopping Center v. Robins (1980) 447 U.S. 74 [100 S.Ct. 2035, 64 L.Ed.2d 741]. Pruneyard precludes certain private property owners from unreasonably restricting or interfering with access by members of the public who desire…
2Cases cited17 opinions
- Ward v. Rock Against RacismSupreme Court of the United States · 1989
- PruneYard Shopping Center v. RobinsSupreme Court of the United States · 1980
- International Society for Krishna Consciousness, Inc. v. LeeSupreme Court of the United States · 1992
- Madsen v. Women's Health Center, Inc.Supreme Court of the United States · 1994
- Robins v. Pruneyard Shopping CenterCalifornia Supreme Court · 1979
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3Cited by5 opinions
- United Brotherhood of Carpenters & Joiners of America Local 586 v. National Labor Relations BoardCourt of Appeals for the Ninth Circuit · 2008
- Albertson's, Inc. v. YoungCalifornia Court of Appeal · 2003
- Albertson's, Inc. v. YoungCalifornia Court of Appeal · 2003
- United Brotherhood of Carpenters & Joiners of America Local 586 v. National Labor Relations BoardCourt of Appeals for the Ninth Circuit · 2008
- United Brotherhood v. NLRBCourt of Appeals for the Ninth Circuit · 2008