Leggett v. DiGiorgio Corp.

• Decision Date: 23 September 1969
• Citation: 80 Cal.Rptr. 697,276 Cal.App.2d 306
• Court: California Court of Appeals Court of Appeals
• Parties: John C. LEGGETT, Plaintiff and Appellant, v. The DiGIORGIO CORPORATION; DiGiorgio Fruit Corporation; and J. Stewart Harrison, Defendants and Respondents. Civ. 25324.

Page 697

80 Cal.Rptr. 697

276 Cal.App.2d 306

John C. LEGGETT, Plaintiff and Appellant, v. The DiGIORGIO CORPORATION; DiGiorgio Fruit Corporation; and J. Stewart Harrison, Defendants and Respondents.

Civ. 25324.

Court of Appeal, First District, Division 2, California.

Sept. 23, 1969.

Nason, Lydon & Gaines, Berkeley, for appellant.

Sedgwick, Detert, Moran & Arnold, San Francisco, for respondents DiGiorgio.

Bronson, Bronson & McKinnon, San Francisco, for respondent Harrison.

SHOEMAKER, Presiding Justice.

This is an appeal by plaintiff John Leggett from a summary judgment in favor of defendants The DiGiorgio Corporation, DiGiorgio Fruit Corporation and J. Stewart Harrison.

Plaintiff Leggett brought this action for false arrest and imprisonment and damages caused him thereby.

All defendants answered and admitted that plaintiff had been arrested by defendant Harrison, who was acting in the scope of his authority as an attorney retained by the two corporate defendants. Defendants further admitted that plaintiff was involuntarily imprisoned following said arrest and that defendants thereafter executed a complaint charging plaintiff with a violation of Penal Code, section 166. However, defendants asserted that their conduct was legally justified by the fact that plaintiff, in Harrison's presence, had wilfully committed criminal contempt, in violation of Penal Code, section 166, by engaging in picketing in deliberate violation of a temporary restraining order previously issued by the superior court and still in full force and effect at the time of plaintiff's arrest.

Defendants thereafter moved for summary judgment and filed in support of said motion the declaration of defendant Harrison. According to said declaration, Harrison, as attorney representing the two corporate defendants, had on December 14, 1965, obtained from a superior court judge a temporary restraining order which was to remain in effect until December 28, 1965; that the order in question provided that the Farm Workers Association (FWA) and Agricultural Workers Organizing Committee (AWOC), their officers, agents, representatives, servants, employees, deputies, members and pickets, and persons acting in concert with them, were restrained from picketing or patrolling at or about Pier 37 in San Francisco, or in any of the streets leading thereto, for the purpose of interfering with the delivery of grapes or other agricultural produce of The DiGiorgio Corporation to said pier or the shipment of such produce from said terminal. Harrison further averred that prior to 7 a.m. on December 17, 1965, he arrived at Pier 37 and that both pickets and San Francisco police officers were present; that Harrison and another attorney served copies of the temporary restraining order on the pickets and explained the contents of said order to them; that most of the pickets then departed but that several refused and that Harrison and his fellow attorney, with the assistance of the San Francisco police, then made citizens' arrests upon them. Harrison averred that the pickets were carrying signs reading 'Support Delano Strikers' and that the loading of grapes of The DiGiorgio Corporation was not carried out during the picketing. The declaration further stated that plaintiff Leggett was carrying such a picket sign and was walking back and forth in front of the entrance of Pier 37; that Harrison served plaintiff with a copy of the temporary restraining order and explained to him that the picketing of the dock had been enjoined by a superior court order; that plaintiff appeared to read the order himself while continuing to hold his picket sign; that Harrison described certain paragraphs of the order to plaintiff and asked him to peacefully move on but that plaintiff replied that he did not think that he would do so. After a San Francisco police officer had likewise told plaintiff of the court order and asked him to move on, plaintiff still refused to do so and stated that he did not care what a court said, that he had a right to remain and was going to stay and continue picketing. Harrison averred that he then asked plaintiff his name and advised him that he found it his duty to arrest him. Harrison then touched plaintiff's arm and advised a police officer that he was making a citizen's arrest of plaintiff. Although the officer and Harrison thereafter offered plaintiff a further opportunity to reconsider his decision, plaintiff again stated that no one could tell him where he could or could not be and that he intended to stay and picket. Plaintiff was then taken into custody by the police officer.

Plaintiff Leggett filed a counterdeclaration to the effect that he had arrived at Pier 37 on the morning of December 17, 1965, for the sole purpose of expressing his personal support for the FWA and the AWOC. He denied that he had previously decided what he would say or do when he arrived at the pier and likewise denied that he had previously agreed with any other person or organization to do or say anything. Accordingly to plaintiff, he was acting solely as an individual citizen, was not in concert with anyone and was not at any time an officer, agent, representative, employee or member of the FWA or the AWOC. Plaintiff averred that after his arrival at the pier on the morning of his arrest, he was given a picket sign by one of several persons who were walking slowly, in an orderly and peaceful manner, to and fro along the area near the entrance to the pier. He denied that any of the pickets were blocking the entrance, but admitted that they carried signs which announced that 'struck' grapes were being loaded for shipment and urged support for the strikers. According to plaintiff, he had taken his sign and walked approximately 10 paces when defendant Harrison approached him and asked him to identify himself. When plaintiff had done so, Harrison advised him that there was a restraining order which prohibited picketing at the pier and that he (plaintiff) was covered by the terms of the order and could not engage in picketing. Harrison asked plaintiff if he wished to read the order and also inquired whether plaintiff was aware that he was in violation of said order. According to plaintiff, he told Harrison that he was unaware of the existence of any such order and stated that he would like to know what it said. Harrison then read plaintiff excerpts from a document and asked him if he understood what had been read to him. Plaintiff replied that he did. Harrison then asked plaintiff if he planned to continue picketing, and plaintiff replied that he did but that he would like to read the document so that he could ascertain what he might be arrested for. At this point Harrison announced that he would have to arrest plaintiff, and he turned to a police officer and directed him to place plaintiff under arrest. Harrison himself then placed his hand on plaintiff's shoulder or arm and stated to the officer that he (Harrison) was arresting plaintiff. The officer then placed his hand on plaintiff's arm and asked plaintiff to accompany him to a police van which was parked nearby. According to plaintiff, the officer made it clear to him that it was Harrison, and not the San Francisco Police Department, who was arresting plaintiff.

Plaintiff further averred in his declaration that he had at no time picketed or attempted to picket after Harrison had advised him of the existence of the restraining order. According to plaintiff, he laid his picket sign face down on the ground with its shaft leaning against his legs when Harrison first approached him. Plaintiff admitted that after Harrison had read him excerpts from the court order, he did announce his 'intention' to picket and his belief that peaceful picketing was lawful in California and could not be prohibited...