Planned Parenthood Golden Gate v. Garibaldi

• Decision Date: 03 March 2003
• Docket Number: No. A098455.,No. A096588.,No. A098457.,A098455.,A098457.,A096588.
• Court: California Court of Appeals Court of Appeals
• Parties: PLANNED PARENTHOOD GOLDEN GATE, Plaintiff and Respondent, v. Jeannette GARIBALDI et al., Defendants and Appellants. Planned Parenthood Golden Gate, Plaintiff and Respondent, v. Rossi Foti, Defendant and Appellant.

132 Cal.Rptr.2d 46

107 Cal.App.4th 345

PLANNED PARENTHOOD GOLDEN GATE, Plaintiff and Respondent, v. Jeannette GARIBALDI et al., Defendants and Appellants.

Planned Parenthood Golden Gate, Plaintiff and Respondent, v. Rossi Foti, Defendant and Appellant.

No. A098455.

No. A098457.

No. A096588.

Court of Appeal, First District, Division 2.

March 3, 2003.

Certified for Partial Publication.^*

Catherine W. Short, Life Legal Defense Foundation, Michael Millen, for Defendant-Appellant Rossi Foti.

Terry L. Thompson, for Defendant-Appellant Jeanette Garibaldi, et al.

Beth H. Parker, Kari Lynn Krogseng, Bingham McCutchen LLP, San Francisco, for Plaintiff-Respondent Planned Parenthood Golden Gate.

Prof. Doug Rendleman, Washington and Lee University, for amicus Curiae.

HAERLE, J.

I. INTRODUCTION

In 1995 Planned Parenthood Association of San Mateo County obtained a permanent injunction limiting demonstration activity outside its clinic in San Mateo (the 1995 injunction). In February 2001, Planned Parenthood Golden Gate (PPGG)¹ filed the instant action seeking a declaration that the 1995 injunction applies to appellants, Rossi Foti (Foti) and Jeannette and Louie Garibaldi (the Garibaldis). The trial court denied the Garibaldis' motion to strike PPGG's complaint pursuant to section 425.16 of the Code of Civil Procedure, California's anti-SLAPP (strategic lawsuit against public particiation) statute. Thereafter, the court granted PPGG summary judgment. The Garibaldis separately appealed from the order denying their motions to strike and from the summary judgment. Foti also appealed from the summary judgment. This court consolidated these three related appeals.

We affirm the order denying the Garibaldis' motions to strike. However, we reverse the summary judgment because there are triable issues of material fact as to whether the 1995 injunction applies to appellants.

II. FACTUAL AND PROCEDURAL BACKGROUND

A. The 1995 Injunction

Planned Parenthood Association of San Mateo County obtained the 1995 injunction in a state court action it filed in September 1993. (Planned Parenthood Assn. v. Operation Rescue (1996) 50 Cal.App.4th 290, 298, 57 Cal.Rptr.2d 736 (Planned Parenthood v. ORC).) The 1995 injunction was sought and granted to remedy problems caused by the Planned Parenthood v. ORC defendants' demonstration activities at Planned Parenthood's clinic in San Mateo (the San Mateo clinic) which commenced in 1988 and continued even after Planned Parenthood obtained temporary federal injunctive relief.²

The 1995 injunction was entered against two named defendants, Operation Rescue of California (ORC) and Robert Cochran (Cochran). According to its terms, the 1995 injunction applies to: "Defendants and their agents, employees, representatives and all persons acting in concert or participation with them, or either of them, and all persons with actual notice of this judgment."

The 1995 injunction restricts demonstration activities at the San Mateo clinic and also imposes restrictions on demonstration activities directed at "Dr. O.," a physician who treated patients at the San Mateo clinic.³ The provisions pertaining to the San Mateo clinic restrain and enjoin individuals subject to the 1995 injunction from directly or indirectly: (1) "Entering or blocking or obstructing the free and direct passage of any other person into or out of the clinic; (2) "Demonstrating, picketing, distributing literature, or counseling" on clinic property "or within fifteen (15) feet of such private property"; (3) "Entering or blocking or obstructing the ingress or egress of any vehicle to or from any parking area" in front of or behind the clinic; (4) "Obstructing or impeding the movement of any person" who is moving between a vehicle and the clinic or using a walkway leading to the clinic; (5) "Shouting, screaming or otherwise producing loud noises which can be heard" in the clinic; (6) "Physically touching threatening to physically touch, or shouting" at people entering or exiting the clinic.

B. The 1998 Action

On July 24, 1998, Foti filed a complaint for damages and injunctive relief against PPGG and several individuals alleging defamation, abuse of process, infliction of emotional distress and battery (the 1998 action). Foti alleged that PPGG and "escorts" employed by PPGG unlawfully interfered with him in order to prevent him from exercising his constitutional right to engage in picketing, leafleting and counseling outside the San Mateo clinic and outside Planned Parenthood clinics in Menlo Park and Redwood City. (See Planned Parenthood Golden Gate v. Superior Court (2000) 83 Cal.App.4th 347, 351, 99 Cal. Rptr.2d 627.)⁴

PPGG filed a cross-complaint in the 1998 action against Foti, the Garibaldis and others, alleging interference, harassment, emotional distress, abuse of process, false arrest, defamation and conspiracy. (Planned Parenthood Golden Gate v. Superior Court, supra, 83 Cal.App.4th at p. 351, 99 Cal.Rptr.2d 627.) PPGG alleged that the cross-defendants habitually harassed and intimidated Planned Parenthood employees, volunteers, patients and their companions while protesting at Planned Parenthood clinics. (Ibid.)

While the parties were attempting to negotiate a settlement of the 1998 action, a dispute arose as to whether the 1995 injunction applies to Foti and the Garibaldis. This dispute became a "major sticking point" in the negotiations. To resolve this dispute, the parties agreed that (1) proceedings in the 1998 action would be stayed and (2) PPGG would file a new complaint to determine whether the 1995 injunction applied to Foti and the Garibaldis.

On December 20, 2000, the parties presented their stipulation to the Honorable John W. Runde. Pursuant to that stipulation, the superior court stayed the trial in the 1998 action, which had been set for January 8, 2001, "pending the filing ... and disposition of the new lawsuit."

C. The Present Action

On February 16, 2001, PPGG filed a complaint for declaratory relief against Foti and the Garibaldis. PPGG alleged that defendants were served with the 1995 injunction but "continue to demonstrate, picket and distribute literature on and within fifteen feet of the [San Mateo] Clinic property and also enter and obstruct the free and direct passage of people into and out of the Clinic." PPGG also alleged, on information and belief, that defendants act in concert and participation with ORC when conducting their demonstration activities. PPGG sought a declaration that "defendants are bound by the [1995] Injunction and must therefore comply with its terms or face contempt."

On May 8, 2001, the Garibaldis filed motions to strike PPGG's complaint pursuant to the anti-SLAPP statute, Code of Civil Procedure section 425.16. The Garibaldis argued the complaint should be stricken because it lacks merit and was "brought solely for the purpose of interfering with the valid exercise of the [Garibaldis'] constitutional rights to freedom of speech." A hearing on the motions to strike was held on May 25, 2001, before the Honorable George A. Miram. In an order filed June 26, 2001 (the June 26 order), the court denied the Garibaldis' motions to strike.

On January 18, 2002, PPGG filed a motion for summary judgment. It argued that Foti and the Garibaldis are subject to the 1995 injunction as a matter of law because undisputed facts show that they act in concert with each other and in concert or participation with ORC and Cochran in conducting their demonstration activities at the San Mateo clinic. PPGG also argued that the 1995 injunction applies to all persons with actual notice of it and that undisputed facts establish that Foti and the Garibaldis have notice of the 1995 injunction. On March 4, 2002, a hearing on the summary judgment motion was held before the Honorable Joseph Bergeron. On March 5, the court filed an order granting PPGG's motion for summary judgment. Judgment was entered on March 22, 2002.

III. DISCUSSION

A. Summary Judgment

1. Standard of review and issues presented

"A motion for summary judgment must be granted if all of the papers submitted show `there is no triable issue as to any material fact and ... the moving party is entitled to a judgment as a matter of law.'" (Scheiding v. Dinwiddie Construction Co. (1999) 69 Cal.App.4th 64, 69, 81 Cal.Rptr.2d 360 (Scheiding).) "A motion for summary judgment must be denied if the moving papers show there is a triable issue of fact. [Citation.] In ruling on the motion, a court must consider both the evidence `and all inferences reasonably deducible from the evidence....' (Code Civ. Proc § 437c, subd. (c).) The moving party's evidence must leave no room for conflicting inferences as to material facts. `[S]ummary judgment shall not be granted ... based on inferences reasonably deducible from the evidence, if contradicted by other inferences or evidence, which raise a triable issue as to any material fact.' (Code Civ. Proc., § 437c, subd. (c).)" (KOVR-TV, Inc. v. Superior Court (1995) 31 Cal.App.4th 1023, 1027-1028, 37 Cal. Rptr.2d 431.)

"The trial court's summary judgment rulings are subject to de novo review. [Citation.]" (Scheiding, supra, 69 Cal. App.4th at p. 69, 81 Cal.Rptr.2d 360.) We view the evidence in a light favorable to appellants, we liberally construe appellants' evidentiary submission while strictly scrutinizing respondent's evidence, and we resolve any evidentiary doubts or ambiguities in appellants' favor. (Saelzler v. Advanced Group 400 (2001) 25 Cal.4th 763, 768-769, 107 Cal.Rptr.2d 617, 23 P.3d 1143.)

In the present case, the trial court granted PPGG summary judgment because it found that Foti and the Garibaldis are bound by the 1995 injunction as a matter of law. By its terms, the 1995 injunction applies to ORC and Cochran, the named defendants in Planned Parenthood v. ORC, supra, 50 Cal.App.4th 290, 57 Cal.Rptr.2d 736, and to two additional categories of individuals: (1) ORC's and/or Cochran's "agents,...