FILED

DILLINGHAM & MURPHY, LLP JOHN N. DAHLBERG (SBN 85122) J. CROSS CREASON (SBN 209492 601 Califomia Street, Suite 1900 San Francisco, California 94108 Telephone: (415)397-2700 Facsimile: (415)397-3300 Attorneys for Plaintiff SAFEWAY INC.

Superior Court Of Californiai] , Deputy

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SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO

SAFEWAY INC., Plaintiff,

Case No. COMPLAINT FOR TRESPASS, DECLARATORY RELIEF AND FOR INJUNCTIVE RELIEF

JOHN DOES 1-25, AND ALPHA COMPANIES 1-25 Defendants.

1.

Safeway Inc. ("Safeway") is a corporation organized under the laws of the State of

Delaware. Safeway has its principal place of business in Pleasanton, California and does business in the County of Sacramento, and elsewhere, throughout the State ofCalifornia. 2. Safeway is informed and believes that Defendant John Does 1-25 are residents of

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the County of Sacramento and Alpha Companies 1-25 do business in the State of Califomia,
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County of Sacramento.
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3.

Safeway is currently unaware of the tme names of John Does 1-25 and therefore

sues thein under fictitious names. Defendants named fictitiously are and have acted in concert with, at the direction of, or as agents, servants, contractors for and employees of each other, for the purpose of trespassing in front of Safeway stores, including but not limited to business premises
Page 1 Case Nd. COMPLAINT FOR TRESPASS, DECLARATORY RELIEF AND FOR INJUNCTIVE RELIEF

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operated by Safeway at 1814 19"^ Street, Sacramento, California ("the premises" or "Safeway's premises"). 4. Safeway will amend this Complaint to state the names of each fictitiously named

4 defendant once these names become known to Safeway. 5 6 7 5. Venue is proper in this Court because the alleged wrongdoing by Defendants has

been occurring at Safeway's premises in Sacramento, California, as alleged in paragraph 3. 6. Safeway operates retail grocery stores. Safeway's primary purpose is to serve its

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customers, who come to its stores to purchase groceries and related goods in a pleasant shopping environment free of distractions. 7. Defendants have been engaged, and seek to engage, in the solicitation of signatures

from Safeway customers at the premises and elsewhere while trespassing. 8. The premises are not open to the general public, or to anyone to solicit signatures

or to engage in conduct unrelated to Safeway's business. Except as otherwise provided by law, authorization and invitation to enter these premises is limited to employees, contractors, suppliers and customers of Safeway and other authorized visitors. 9. On and before June 25, 2013, Defendant John Does 1-25 and Alpha Companies

25, appeared at the premises to collect signatures for one or more petitions and/or caused, directed, and ratified such conduct. On multiple occasions, Plaintiffs employee and representative

instructed defendants to leave the premises, but they refused to do so. FIRST CAUSE OF ACTION

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Page 2 Case No. COMPLAINT FOR TRESPASS, DECLARATORY RELIEF AND FOR INJUNCTIVE RELIEF

(FOR TRESPASS AGAINST A L L DEFENDANTS) Safeway hereby incorporates paragraphs 1-9 of its complaint as though fully set

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11.

Defendant John Does 1 -25 and Alpha Companies 1 -25 entered the premises

without permission and refused to leave when asked to do so by store persormel and representatives. 12. As a proximate result of the trespasses and threatened trespasses by Defendants,

Safeway has lost the ability fully to control the area in front ofthe store. SECOND CAUSE OF ACTION (FOR A TEMPORARY RESTRAINING ORDER, PRELIMINARY INJUNCTION AND PERMANENT INJUNCTION AGAINST TRESPASS AGAINST DEFENDANTS) 13. forth herein. 14. Defendants John Does 1-25 and Alpha Companies 1-25 entered and occupied, and Safeway hereby incorporates paragraphs 1-12 of its complaint as though fully set

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threaten fiirther to occupy the premises v/ithout permission to do so, have refused to leave when asked by store personnel and representatives to do so, and threaten to retum to the premises whenever they choose. Such conduct constitutes trespass and Defendants' complete and continuing disregard of Plaintiff s rights indicates such trespass will continue until a Court prohibits them and those acting in concert with them from such trespass. 15. Unless restrained and enjoined by order of this Court, Defendants' unlawful

trespass at Safeway's premises will continue, interfering with Safeway's business and the use and enjoyment of its property. THIRD CAUSE OF ACTION

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Page 3 Case No. COMPLAINT FOR TRESPASS, DECLARATORY RELIEF AND FOR INJUNCTIVE RELIEF

16. forth herein. 17.

Safeway hereby incorporates paragraphs 1-15 of its complaint as though fiilly set

Defendants assert that they have an unlimited right to enter and occupy the space

directly in front ofthe store building to circulate petitions, and Safeway asserts that there is no

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such right under such cases as Ralphs Grocery Company v, UFCWLocal 8, (2012) 53 Cal.4' 1380, and Van v Target Corp. (2007) 155 Cal.App. 4"" 1375 and other well-settled authorities 18. A judicial detemiination of the rights and duties of the parties is desirable because

4 Defendants will not willingly discontinue trespass at the premises, thereby threatening fiirther 5 harm to Safeway. 6 7 WHEREFORE, SAFEWAY INC. prays: 1. 9 10 11 12 1 3 14 15 16 17 2. For a temporary restraining order, a preliminary injunction and a permanent For an order requiring Defendants JOHN DOES 1-25 AND ALPHA COMPANIES

1-25, and all other defendants and all persons acting in concert with them to show cause why they should not be prohibited from entering or causing any person to enter any Safeway Inc. premises in the state of California, including the privately owned walkways in front of or to the sides of the store buildings, entrance channels, curbs, aprons, parking lots, curb-cuts, and perimeters to solicit signatures or for any other purpose, including but not limited to the premises located at 1814 19"" Street, Sacramento, California.

injunction prohibiting Defendants, and all persons acting in concert with them from entering or causing any person to enter any Safeway Inc. premises in the state ofCalifornia, including the

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privately owned walkways in front of or to the sides of the store buildings, entrance channels, curbs, aprons, parking lots, curb-cuts, and perimeters to solicit signatures or for any other purpose, including but not limited to the premises located at 1814 19"' Street, Sacramento, Califomia 3. For a declaration of rights that the Defendants have no right to enter or occupy any

Safeway Inc. premises in the state of Califomia, including thefrontprivately owned walkways in front of or to the sides ofthe store buildings, entrance channels, curbs, aprons, parking lots, curbcuts, and perimeters to solicit signatures or for any other purpose, including but not limited to the premises located at 1814 19"' Street, Sacramento, California. 4. For nominal damages of $ 1.00;

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For costs of suit; For such other andfijrtherrelief as may be proper. DILLINGHAM & MURPHY, LLP JOHN N. DAHLBERG J. CROSS CREASON III

6.
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Dated: June 25, 2013

By: Attorneys W Plaintiff SAFEWAY INC

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