In re Donation Solicitation Cases

Filed 6/14/06 In re Donation Solicitation Cases CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO

APPEAL from the Superior Court of San Bernardino County. A. Rex Victor and Keith D. Davis, Judges. Affirmed as modified.

Law Offices of Gilbert Gaynor, Gilbert Gaynor for Defendant and Appellant.

Manatt, Phelps & Phillips, Matthew P. Kanny, Terri D. Keville, Yoanna Silvera, Joelle A. Gryczman; Maho & Prentice and Tyrone J. Maho for Plaintiff and Respondent.

Defendant and Appellant Missionary Church of the Disciples of Jesus Christ (the Church) appeals after summary judgment was granted in favor of Plaintiff and Respondent Wal-Mart Stores, Inc. (Wal-Mart) in its action which sought, inter alia, a declaratory judgment and injunctive relief against the Church and its agents and employees who had stationed themselves outside Wal-Mart stores to solicit funds from Wal-Mart customers. We affirm.

PROCEDURAL BACKGROUND AND FACTS

Wal-Mart operates retail facilities in California and other states in various business formats, including discount stores, supercenters and Sam's Club locations. Wal-Mart stores are configured so the public can use them to purchase merchandise, not for any other purpose, such as congregating, meeting friends, lingering, or just â€