Fresno Community Regional Medical Center prevails after union appeals injunction against picketing activities
Clients Fresno Community Medical Center
Jones Day client Fresno Community Regional Medical Center ("CRMC"), an acute care facility in California, defeated the appeal by Carpenters Union, Local 701 of a trial court's denial of an anti-SLAPP motion. In the trial court, CRMC obtained an injunction enjoining Union representatives from entering, leafleting, picketing, and protesting on the hospital's property. The California Court of Appeal, Fifth District, affirmed the trial court's order denying the Union's motion to strike the complaint. The Court rejected the Union's argument that it had a right to enter CRMC's property as a matter of law under the California Constitution, finding that CRMC had produced sufficient evidence to establish that it was not a public forum and that CRMC was likely to prevail on its trespass action.
Community Regional Medical Center v. Carpenters Union, Local 701, No. 08CECG02912 (Cal. 5th Dist. Ct. App. June 28, 2010)