Hamburg v. Wal-Mart Stores, Inc.

Opinion

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 motion was granted by the trial court, which thereupon dismissed the complaint.

Relying upon Robins v. Pruneyard Shopping Center (1979) 23 Cal.3d 899 [153 Cal.Rptr. 854, 592 P.2d 341],…