What is the standing of a plaintiff to bring a claim against a private property owner to challenge picketing activities on its private property?

California, United States of America


The following excerpt is from Ralphs Grocery Co. v. United Food and Commercial Workers Union Local 8, 11 Cal. Daily Op. Serv. 1369, 120 Cal.Rptr.3d 878, 160 Lab.Cas. P 61, 107, 190 L.R.R.M. (BNA) 2119 (Cal. App. 2011):

While the standing of a plaintiff to bring suit can be raised at any time during the proceedings ( Common Cause v. Board of Supervisors (1989) 49 Cal.3d 432, 438, 261 Cal.Rptr. 574, 777 P.2d 610), it is telling that respondent did not challenge appellant's standing in the trial court and most (if not all) of the appellate opinions that respondent relies upon do not raise, question or analyze the standing of the property owner to challenge picketing-related activities on its private property. An obvious conclusion emerges: a private property owner necessarily has legal standing to contest the claim by others that they have a right to use property they do not own.

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