2 Cal.2d 312, 14228, Lisse v. Local Union No. 31

Docket Nº:14228
Citation:2 Cal.2d 312, 41 P.2d 314
Party Name:Lisse v. Local Union No. 31
Attorney:[7] Walter M. Gleason and J. L. Royle for Appellants. [8] Henry B. Lister, as Amicus Curiae on Behalf of Appellants. [9] J. W. O'Neill for Respondents. [10] Brobeck, Phleger & Harrison and George O. Bahrs, as Amici Curiae on Behalf of Respondents.
Case Date:January 29, 1935
Court:Supreme Court of California

Page 312

2 Cal.2d 312

41 P.2d 314

P. M. LISSE et al., Respondents,

v.

LOCAL UNION No. 31, COOKS, WAITERS AND WAITRESSES (an Unincorporated Association), et al., Appellants.

S. F. No. 14228.

Supreme Court of California

January 29, 1935

In Bank.

Page 313

[Copyrighted Material Omitted]

Page 314

COUNSEL

Walter M. Gleason and J. L. Royle for Appellants. Henry B. Lister, as Amicus Curiae on Behalf of Appellants. J. W. O'Neill for Respondents. Brobeck, Phleger &amp Harrison and George O. Bahrs, as Amici Curiae on Behalf of Respondents

OPINION

THE COURT.

A hearing was granted in this case after decision by the District Court of Appeal, First Appellate District, Division One. Upon further consideration, we are satisfied that the opinion of that court correctly determines the issues, and we adopt it as our own opinion. It reads as follows:

"Plaintiffs own and operate a business in Oakland known as the Rainbow Cafe, wherein they manufacture and sell bakery products and serve meals to the public for profit; and as such owners they brought this action and obtained a judgment against the defendant labor union and some of its officers and members to restrain them from an alleged illegal interference with the operation of said business. From said judgment defendants appeal.

"The findings upon which the judgment is based follow generally the allegations of the complaint, and the evidence is legally sufficient to support such findings. Among the facts found were the following: 'That plaintiffs have conducted said business at said location continuously since 1924. That at all times up to the 8th day of October, 1929, plaintiffs in the conduct of said business, employed as cooks and waitresses, persons who were members of said defendant association. [41 P.2d 315] That on October 8, 1929, said defendant association called a strike against plaintiffs and at said time all of said cooks and waitresses, members of defendant association, as aforesaid, left their work at plaintiffs' said place

Page 315

of business and ever since said date defendants have been and are now maintaining a boycott against plaintiffs' said business. That on the 11th day of October, 1929, defendants commenced to maintain and up to the time of the issuance of the temporary restraining order herein on November 27, 1929, did maintain, and, unless restrained by the court from so doing, will continue to maintain pickets in front of and adjacent to and near plaintiffs' said place of business for the purpose of intimidating and causing the public to cease to patronize the said business of plaintiffs. That since said 11th day of October, 1929, up to the time of the issuance of said restraining order, as aforesaid, said pickets so stationed in front of and adjacent to and near plaintiffs' said place of business, as aforesaid displayed and waved in front of the people passing by or approaching said place of business, papers on which are printed in large type the following statements: "RAINBOW CAFE NOW NON-UNION"; "IS ON OFFICIAL ' "WE DON'T PATRONIZE" ' LIST OF UNION LABOR"; "IS RAINBOW CAFE VIOLATING LAW?" "RAINBOW CAFE OWNER CHARGED WITH STATE EIGHT HOUR LAW VIOLATION"; "RAINBOW CAFE FIGHT PROGRESSES". That at the time of the commencement of this action, said pickets were displaying to and waving in front of the people passing by or approaching said place of business, papers on which are printed in large type the following statement: "RAINBOW CAFE FIGHT PROGRESSES" .... That at various times during said period from October 11, 1929, up to the time of the issuance of said temporary restraining order, as aforesaid, said pickets so employed by defendant association, as aforesaid, danced around on the sidewalk in front of plaintiffs' said restaurant, pointed at said restaurant and the persons therein, made grimaces and insulting gestures to and at the employees of plaintiffs, advanced near the door and prominently displayed to patrons in said restaurant said headlines derogatory to said restaurant, wildly waved said papers carrying said headlines against said restaurant, and displayed said papers by holding one spread across the chest of the picket so that said headlines against said restaurant could be plainly read by persons passing along the sidewalk in front of said restaurant or entering or leaving said restaurant and

Page 316

by prominently waving and displaying another copy of said paper in the hand of the picket. That solely by reason of the maintaining of said pickets, as aforesaid, and the acts of said pickets as hereinbefore set forth, many persons who were regular patrons and customers of plaintiffs have been intimidated and caused and induced to cease and have ceased to patronize plaintiffs' said business.' The court further found as follows: '... that the newspapers displayed by said pickets, as aforesaid, with the headlines referred to said restaurant, as aforesaid, were copies of the East Bay Labor Journal and that said paper has been declared a newspaper of general circulation by decree of the Superior Court of the State of California, in and for the County of Alameda. But in this connection, the court finds that said newspapers were not displayed or offered for sale by said pickets in good faith or in the usual and ordinary manner, or for producing revenue or increasing circulation; that said newspapers were displayed by said pickets...

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