Citation 45 Cal.4th 467 original opinion
45 Cal.4th 742a modification
Episcopal Church Cases
Petition for review after the Court of Appeal reversed the judgment in a civil action. The case includes the following issues: (1) Should the "principle of government" approach, also known as the "highest church judicatory" approach, be used to resolve disputes between a local congregation and a national church or regional diocese over ownership of church property, or should these disputes be resolved using a "neutral principles analysis"? (2) Was the complaint properly subject to a motion to strike under Code of Civil Procedure section 425.16? (3) What role does Corporations Code section 9142 play in the analysis and resolution of church property disputes?
Filed 2/25/09 (corrected version of modification order previously posted this date)
IN THE SUPREME COURT OF CALIFORNIA
EPISCOPAL CHURCH CASES.
S155094
Ct.App. 4/3
G036096, G036408 &
G036868
Orange County
JCCP No. 4392
___________________________________ )
MODIFICATION OF OPINION
THE COURT:
The opinion herein, filed on January 5, 2009, and appearing at 45 Cal.4th
467, is modified as follows:
The first sentence in the second full paragraph on page 473 is modified to
read: “Applying the neutral principles of law approach, we conclude, on this
record, that the general church, not the local church, owns the property in
question.”
The third full paragraph on page 476 is modified to read: “We granted
review to decide whether this action is subject to the special motion to strike under
Code of Civil Procedure section 425.16 and to address the merits of the church
property dispute.”
The first full paragraph on page 478, under “B.,” is modified to read: “Both
lower courts also addressed the merits of the dispute over ownership of the local
church — the trial court found in favor of the local church and the Court of Appeal
found clear and convincing evidence in favor of the general church. We will also
address this question, which the parties as well as various amici curiae have fully
briefed. We will first consider what method the secular courts of this state should
use to resolve disputes over church property. We will then apply that method to
analyze the dispute of this case.”
The first sentence of the first full paragraph on page 493 is modified to
read: “For these reasons, we agree with the Court of Appeal’s conclusion
(although not with all of its reasoning) that, on this record, when defendants
disaffiliated from the Episcopal Church, the local church property reverted to the
general church.”
This modification does not affect the judgment.
IN THE SUPREME COURT OF CALIFORNIA
EPISCOPAL CHURCH CASES.
S155094
Ct.App. 4/3
G036096, G036408 &
G036868
Orange County
JCCP No. 4392
___________________________________ )
MODIFICATION OF OPINION
THE COURT:
The opinion herein, filed on January 5, 2009, and appearing at 45 Cal.4th
467, is modified as follows:
The first sentence in the second full paragraph on page 473 is modified to
read: “Applying the neutral principles of law approach, we conclude, on this
record, that the general church, not the local church, owns the property in
question.”
The third full paragraph on page 476 is modified to read: “We granted
review to decide whether this action is subject to the special motion to strike under
Code of Civil Procedure section 425.16 and to address the merits of the church
property dispute.”
The first full paragraph on page 478, under “B.,” is modified to read: “Both
lower courts also addressed the merits of the dispute over ownership of the local
church — the trial court found in favor of the local church and the Court of Appeal
found clear and convincing evidence in favor of the general church. We will also
address this question, which the parties as well as various amici curiae have fully
briefed. We will first consider what method the secular courts of this state should
use to resolve disputes over church property. We will then apply that method to
analyze the dispute of this case.”
The first sentence of the first full paragraph on page 493 is modified to
read: “For these reasons, we agree with the Court of Appeal’s conclusion
(although not with all of its reasoning) that, on this record, when defendants
disaffiliated from the Episcopal Church, the local church property reverted to the
general church.”
This modification does not affect the judgment.
Opinion Information
| Date: | Citation: | Docket Number: | Category: | Status: | Cross Referenced Cases: |
| Wed, 02/25/2009 | 45 Cal.4th 467 original opinion 45 Cal.4th 742a modification | S155094O | Review - Civil Appeal | closed; remittitur issued | NEW v. KROEGER (S168611) SYNOD OF SOUTHERN CALIFORNIA & HAWAII v. KIM (S167078) CENTRAL COAST BAPTIST ASSOCIATION v. FIRST BAPTIST CHURCH (S156770) EPISCOPAL CHURCH CASES (S155687) EPISCOPAL CHURCH CASES (S155208) EPISCOPAL CHURCH CASES (S155199) |
Parties
| 1 |
Adams, Kathleen (Defendant and Respondent) Represented by Eric Carl Sohlgren Payne & Fears, LLP 4 Park Plaza, Suite 1100 Irvine, CA |
| 2 |
Anderson, Robert M. (Plaintiff and Appellant) Represented by John R. Shiner Holme Roberts & Owen, LLP 800 West Olympic Blvd., 4th Fl. Los Angeles, CA |
| 3 |
Anderson, Robert M. (Plaintiff and Appellant) Represented by Frederic D. Cohen Horvitz & Levy, LLP 15760 Ventura Boulevard, 18th Floor Encino, CA |
| 4 |
Anderson, Robert M. (Plaintiff and Appellant) Represented by Jeremy Brooks Rosen Horvitz & Levy, LLP 15760 Ventura Boulevard, 18th Floor Encino, CA |
| 5 |
Austin, Jill (Defendant and Respondent) Represented by Eric Carl Sohlgren Payne & Fears, LLP 4 Park Plaza, Suite 1100 Irvine, CA |
| 6 |
Bruno, J. Jon (Plaintiff and Appellant) Represented by John R. Shiner Holme Roberts & Owen, LLP 800 West Olympic Blvd., 4th Fl. Los Angeles, CA |
| 7 |
Bruno, J. Jon (Plaintiff and Appellant) Represented by Frederic D. Cohen Horvitz & Levy, LLP 15760 Ventura Boulevard, 18th Floor Encino, CA |
| 8 |
Bruno, J. Jon (Plaintiff and Appellant) Represented by Jeremy Brooks Rosen Horvitz & Levy, LLP 15760 Ventura Boulevard, 18th Floor Encino, CA |
| 9 |
Bunyan, Praveen (Defendant and Respondent) Represented by Eric Carl Sohlgren Payne & Fears, LLP 4 Park Plaza, Suite 1100 Irvine, CA |
| 10 |
Bunyan, Praveen (Defendant and Respondent) Represented by Daniel Friedman Lula Payne & Fears 4 Park Plaza, Suite 1100 Irvine, CA |
| 11 |
Bunyan, Praveen (Defendant and Respondent) Represented by Benjamin Avery Nix Payne & Fears 4 Park Plaza, Suite 1100 Irvine, CA |
| 12 |
Charismatic Episcopal Church (Amicus curiae) Represented by Lu The Nguyen Attorney at Law 2572 McCloud Way Roseville, CA |
| 13 |
Dale, James (Defendant and Respondent) Represented by Eric Carl Sohlgren Payne & Fears, LLP 4 Park Plaza, Suite 1100 Irvine, CA |
| 14 |
Daniels, Frank (Defendant and Respondent) Represented by Eric Carl Sohlgren Payne & Fears, LLP 4 Park Plaza, Suite 1100 Irvine, CA |
| 15 |
Diocese Of San Joaquin (Amicus curiae) Represented by Russell Gene Vanrozeboom Wild, Carter & Tipton 246 W. Shaw Avenue Fresno, CA |
| 16 |
Episcopal Church (Intervener and Appellant) Represented by David Booth Beers Goodwin Procter, LLP 901 New York Avenue Washington, DC |
| 17 |
Episcopal Church (Intervener and Appellant) Represented by Heather Anderson Goodwin Procter, LLP 901 New York Avenue Washington, DC |
| 18 | Episcopal Church Cases (Overview party) |
| 19 |
Episcopal Church In The United States Of America (Plaintiff) Represented by Joseph E. Thomas Thomas Whitelaw & Tyler, LLP 18101 Von Karman Avenue, Suite 230 Irvine, CA |
| 20 |
Evans, Eric (Defendant and Respondent) Represented by Eric Carl Sohlgren Payne & Fears, LLP 4 Park Plaza, Suite 1100 Irvine, CA |
| 21 |
Grantham, Cobb (Defendant and Respondent) Represented by Eric Carl Sohlgren Payne & Fears, LLP 4 Park Plaza, Suite 1100 Irvine, CA |
| 22 |
Hettinga, Barbara (Defendant and Respondent) Represented by Eric Carl Sohlgren Payne & Fears, LLP 4 Park Plaza, Suite 1100 Irvine, CA |
| 23 |
Holy Apostolic Catholic Assyrian Church Of The East (Amicus curiae) Represented by Tony J. Tanke Attorney at Law 2050 Lyndell Terrace, Suite 240 Davis, CA |
| 24 |
Houten, Julia (Defendant and Respondent) Represented by Eric Carl Sohlgren Payne & Fears, LLP 4 Park Plaza, Suite 1100 Irvine, CA |
| 25 |
Iglesia Evangelica Latina (Amicus curiae) Represented by Kenneth Winston Starr Attorney at Law 24569 Via de Casa Malibu, CA |
| 26 |
Kirkpatrick, Clifton (Amicus curiae) Represented by Christopher J. Cox Weil Gotshal & Manges, LLP 201 Redwood Shores Parkway Redwood Shores, CA |
| 27 |
Lee, Thomas (Amicus curiae) Represented by Allan E. Wilion Attorney at Law 5900 Wilshire Boulevard, Suite 401 Los Angeles, CA |
| 28 |
Mclaughlin, John (Defendant and Respondent) Represented by Eric Carl Sohlgren Payne & Fears, LLP 4 Park Plaza, Suite 1100 Irvine, CA |
| 29 |
Menees, Richard (Defendant and Respondent) Represented by Eric Carl Sohlgren Payne & Fears, LLP 4 Park Plaza, Suite 1100 Irvine, CA |
| 30 |
Min, Peter (Amicus curiae) Represented by Allan E. Wilion Attorney at Law 5900 Wilshire Boulevard, Suite 401 Los Angeles, CA |
| 31 |
Poch, Jose (Amicus curiae) Represented by Lynn Ellen Moyer Attorney at Law 200 Oceangate, Suite 830 Long Beach, CA |
| 32 |
Poch, Jose (Amicus curiae) Represented by Kent M. Bridwell Attorney at Law 3646 Clarington Avenue, Suite 400 Los Angeles, CA |
| 33 |
Presbyterian Lay Committee (Amicus curiae) Represented by Randall Mark Penner Penner Bradley et al. 1171 W. Shaw Avenue, Suite 102 Fresno, CA |
| 34 |
Presbyterian Lay Committee (Amicus curiae) Represented by Donald M. Falk Mayer Brown, LLP 2 Palo Alto Square, Suite 300 3000 El Camino Real Palo Alto, CA |
| 35 |
Presbyterian Lay Committee (Amicus curiae) Represented by Eugene Volokh Mayer Brown, LLP 350 S. Grand Avenue, 25th Floor Los Angeles, CA |
| 36 |
Presbytery Of Hanmi (Amicus curiae) Represented by George Stephen Burns Attorney at Law 4100 MacArthur Boulevard, Suite 305 Newport Beach, CA |
| 37 |
Protestant Episcopal Church In The Diocese Of Los Angele (Plaintiff and Appellant) Represented by John R. Shiner Holme Roberts & Owen, LLP 800 West Olympic Blvd., 4th Fl. Los Angeles, CA |
| 38 |
Protestant Episcopal Church In The Diocese Of Los Angele (Plaintiff and Appellant) Represented by Frederic D. Cohen Horvitz & Levy, LLP 15760 Ventura Boulevard, 18th Floor Encino, CA |
| 39 |
Protestant Episcopal Church In The Diocese Of Los Angele (Plaintiff and Appellant) Represented by Jeremy Brooks Rosen Horvitz & Levy, LLP 15760 Ventura Boulevard, 18th Floor Encino, CA |
| 40 |
Rasmusssen, Jane Hyde (Plaintiff and Appellant) Represented by John R. Shiner Holme Roberts & Owen, LLP 800 Olympic Blvd., 4th Fl. Los Angeles, CA |
| 41 |
Rasmusssen, Jane Hyde (Plaintiff and Appellant) Represented by Frederic D. Cohen Horvitz & Levy, LLP 15760 Ventura Boulevard, 18th Floor Encino, CA |
| 42 |
Rasmusssen, Jane Hyde (Plaintiff and Appellant) Represented by Jeremy Brooks Rosen Horvitz & Levy, LLP 15760 Ventura Boulevard, 18th Floor Encino, CA |
| 43 |
Rector Wardens & Vestrymen Of St. James Parish In Newport (Defendant and Respondent) Represented by Eric Carl Sohlgren Payne & Fears 4 Park Plaza, Suite 1100 Irvine, CA |
| 44 |
Reveley, Penny (Defendant and Respondent) Represented by Eric Carl Sohlgren Payne & Fears, LLP 4 Park Plaza, Suite 1100 Irvine, CA |
| 45 |
Stanley, Paul (Defendant and Respondent) Represented by Eric Carl Sohlgren Payne & Fears, LLP 4 Park Plaza, Suite 1100 Irvine, CA |
| 46 |
Thompson, Mike (Defendant and Respondent) Represented by Eric Carl Sohlgren Payne & Fears, LLP 4 Park Plaza, Suite 1100 Irvine, CA |
| 47 |
Trent, Cal (Defendant and Respondent) Represented by Eric Carl Sohlgren Payne & Fears, LLP 4 Park Plaza, Suite 1100 Irvine, CA |
| Disposition | |
| Jan 5 2009 | Opinion: Affirmed |
| Dockets | |
| Aug 6 2007 |
Petition for review filed Rev. Praveen Bunyan et al., Defendants and Respondents by Eric C. Sohlgren, counsel |
| Aug 21 2007 |
Received Court of Appeal record G036408-file jacket/briefs/sealed envelope - G036868-file jacket/briefs/appendices |
| Aug 24 2007 |
Answer to petition for review filed Jane Hyde Rasmussen et al, appellants John R. Shiner, Counsel Frederic D. Cohen, Counsel Jeremey B. Rosen, Counsel |
| Aug 24 2007 |
Request for judicial notice received (pre-grant) Jane Hyde Rasmussen et al, appellants John R. Shiner, Counsel Frederic D. Cohen, Counsel Jeremey B. Rosen, Counsel |
| Aug 24 2007 |
Answer to petition for review filed The Episcopal Church, Interverner and Appellant David B. Beers, Counsel |
| Aug 27 2007 |
2nd record request Requested the remainder of the record for all three CA case numbers: G036096, G036868, and G036408 - overnight |
| Aug 27 2007 |
Received: Letter from John R. Shiner counsel for Plaintiffs and Respondents re: advising the Court of a new case cite (opinion attached). |
| Aug 28 2007 |
Received Court of Appeal record G036408 - one full box |
| Sep 5 2007 |
Reply to answer to petition filed Rev. Praveen Bunyan et al., Defendants and Respondents by Eric C. Sohlgren, counsel (CRC 8.25b) |
| Sep 12 2007 |
Petition for review granted (civil case) The request for judical notice is granted. Votes: George, C. J., Kennard, Baxter, Werdegar, Chin, Moreno and Corrigan, JJ. |
| Sep 26 2007 |
Request for extension of time filed to November 13, 2007 to file opening brief Rev. Praveen Bunyan et al., Defendants and Respondents by Eric C. Sohlgren, counsel |
| Sep 27 2007 |
Certification of interested entities or persons filed Jane H. Rasmussen, appallents John R. Shiner, Counsel |
| Sep 27 2007 |
Certification of interested entities or persons filed The Episcopal Church, Interverner and respondent David B. Beers, Counsel |
| Sep 28 2007 |
Certification of interested entities or persons filed Rev. Praveen Bunyan et al., Defendants and Respondents by Eric C. Sohlgren, counsel |
| Oct 1 2007 |
Extension of time granted On application of respondent and good cause appearing, it is ordered that the time to serve and file the opening brief on the merits is extended to and including November 13, 2007. |
| Nov 14 2007 |
Opening brief on the merits filed Rev. Praveen Bunyan et al., Defendants and Respondents by Eric C. Sohlgren, counsel (CRC 8.25b) |
| Nov 14 2007 |
Request for judicial notice filed (granted case) Rev. Praveen Bunyan et al., Defendants and Respondents by Eric C. Sohlgren, counsel |
| Nov 21 2007 |
Request for extension of time filed 45 day to Jannuary 28, 2007 extension to file Answer Brief on the mertis. Jane Hyde Rasmussen et al, appellants John R. Shiner, Counsel Frederic D. Cohen, Counsel Jeremey B. Rosen, Counsel |
| Nov 21 2007 |
Application filed to: Opposition to Judicial Notice until the time the answer brief on the merits is filed. Jane Hyde Rasmussen et al, appellants John R. Shiner, Counsel Frederic D. Cohen, Counsel Jeremey B. Rosen, Counsel |
| Nov 29 2007 |
Extension of time granted On application of appellants and good cause appearing, it is ordered that the time to serve and file the answer brief on the merits and the opposition to rejuest for judicial notice is extended to and including January 28, 2008. |
| Dec 5 2007 |
Application to appear as counsel pro hac vice (granted case) for atty Heather H. Anderson, for Intervener The Episcopal Church |
| Dec 5 2007 |
Request for extension of time filed 45 days to January 28, 2008, to file Answer Brief on the Merits. The Episcopal Church, Intervener by David Booth Beers, Counsel |
| Dec 5 2007 |
Request for extension of time filed until its Answer Brief on the Merits is filed, to file opposition to petitioner's motion for judicial notice. The Episcopal Church, Intervener by David Booth Beers, Counsel |
| Dec 14 2007 |
Extension of time granted On application of intervener The Episcopal Church and good cause appearing, it is ordered that the time to serve and file the answer brief on the merits and the opposition to the request for judicial notice is extended to and including January 28, 2008. |
| Dec 14 2007 |
Application to appear as counsel pro hac vice granted The application of Heather H. Anderson of the District of Columbia for admission Pro Hac Vice to appear on behalf of intervener The Episcopal Church is granted. |
| Jan 29 2008 |
Answer brief on the merits filed The Episcopal Church, Intervener David B. Beers, Counsel (CRC 8.25b) |
| Jan 29 2008 |
Opposition filed to respondent's request for judicial notice. Jane Hyde Rasmussen et al, appellants John R. Shiner, Counsel Frederic D. Cohen, Counsel Jeremey B. Rosen, Counsel The Episcopal Church, Intervener David B. Beers, Counsel (CRC 8.25b) |
| Jan 29 2008 |
Answer brief on the merits filed Jane Hyde Rasmussen et al, appellants John R. Shiner, Counsel Frederic D. Cohen, Counsel Jeremey B. Rosen, Counsel (CRC 8.25b) |
| Feb 6 2008 |
Request for extension of time filed for defendants and respondents to file the reply brief on the merits, to 4-4-08. |
| Feb 11 2008 |
Extension of time granted On application of defendants and respondents and good cause appearing, it is ordered that the time to serve and file the reply brief on the merits is extended to and including April 4, 2008. |
| Mar 24 2008 |
Request for extension of time filed for defendants and respondents to file the reply brief on the merits, to April 18, 2008. |
| Apr 3 2008 |
Extension of time granted On application of respondents and good cause appearing, it is ordered that the time to serve and file the consolidated reply brief on the merits is extended to and including April 18, 2008. |
| Apr 21 2008 |
Received: (oversized) Reply brief on the merits from respondents (sent by FedX on 4-18-08) |
| Apr 22 2008 |
Reply brief filed (case fully briefed) Rev. Praveen Bunyan, et al., petitioners Eric Sohlgren, Robert Olson, counsel Filed with permission |
| May 12 2008 |
Request for extension of time filed Holy Apostolic Catholic Assyrian Church of the East, non-party by Tony J. Tanke, Counsel |
| May 14 2008 |
Extension of time granted On application of amicus curiae Holy Apostolic Catholic Assyrian Church of the East and good cause appearing, it is ordered that the time to serve and file its amicus curiae brief in support of appellants herein is extended to and including June 18, 2008. |
| May 19 2008 |
Received application to file Amicus Curiae Brief the Charismatic Episcopal Church Lu T. Nguyen, counsel |
| May 19 2008 |
Received application to file Amicus Curiae Brief The Rev. Jose Poch, et al., (St David's Parish, No. Hollywood) and The Rev. William A. Thompson (All Saints Parish, Long Beach) Attorney Kent M. Bridwell [app & brief separate] Supporting respondents |
| May 20 2008 |
Request for extension of time to file amicus curiae brief to June 18, 2008. the Diocese of San Joaquin Russell Vanrozeboom, counsel |
| May 22 2008 |
Received application to file Amicus Curiae Brief the Presbyterian Lay Committee Randall Penner, Donald Falk, Eugene Volokh, counsel brief in support of defendants and respondents |
| May 22 2008 |
Received application to file Amicus Curiae Brief from Thomas Lee and Reverend Peter Min, non-parties, in support of respondents, by Allan E. Wilion, Counsel |
| May 22 2008 |
Received application to file Amicus Curiae Brief Presbytery of Hanmi and Synod of Southern Calif. and Hawaii George S. Burns, counsel brief in support of plaintiffs and appellants |
| May 23 2008 |
Received application to file Amicus Curiae Brief Inglesia Evangelica Latina Inc., et al. Kenneth Starr, Robert Cochran Jr., counsel brief in support of defendants and respondents (sent per CRC 8.25b) |
| May 23 2008 |
Received application to file Amicus Curiae Brief Clifton Kirkpatrick, et al Christopher Cox, counsel brief in support of intervener and appellant (sent per CRC 8.25b) |
| May 30 2008 |
Permission to file amicus curiae brief granted The application of Clifton Kirkpatrick, etc., et al. for permission to file an amicus curiae brief in support of intervener and appellant is hereby granted. An answer thereto may be served and filed by any party within twenty days of the filing of the brief. |
| May 30 2008 |
Amicus curiae brief filed Clifton Kirkpatrick, etc., et al., in support of intervener and appellant. Christopher Cox, counsel |
| May 30 2008 |
Permission to file amicus curiae brief granted The application of the Charismatic Episcopal Church for permission to file an amicus curiae brief in support of defendants and respondents is hereby granted. An answer thereto may be served and filed by any party within twenty days of the filing of the brief. |
| May 30 2008 |
Amicus curiae brief filed the Charismatic Episcopal Church in support of defendants and respondents. Lu T. Nguyen, counsel |
| May 30 2008 |
Permission to file amicus curiae brief granted The application of Rev. Jose Poch, et al. for permission to file an amicus curiae brief in support of defendants and respondents is hereby granted. An answer thereto may be served and filed by any party within twenty days of the filing of the brief. |
| May 30 2008 |
Amicus curiae brief filed Rev. Jose Poch, et al., in support of defendants and respondents Lynn Moyer, Kent Bridwell, counsel |
| May 30 2008 |
Permission to file amicus curiae brief granted The application of the Presbyterian Lay Committee for permission to file an amicus curiae brief in support of defendants and respondents is hereby granted. An answer thereto may be served and filed by any party within twenty days of the filing of the brief. |
| May 30 2008 |
Amicus curiae brief filed the Presbyterian Lay Committee in support of defendants and respondents Randall Penner, Donald Falk, Eugene Volokh, counsel |
| May 30 2008 |
Permission to file amicus curiae brief granted The application of Iglesia Evangelica Latina, Inc., et al. for permission to file an amicus curiae brief in support of defendants and respondents is hereby granted. An answer thereto may be served and filed by any party within twenty days of the filing of the brief. |
| May 30 2008 |
Amicus curiae brief filed Iglesia Evangelica Latina, Inc., et al., in support of defendants and respondents Kenneth Star, Robert Cochran, Jr., counsel |
| May 30 2008 |
Permission to file amicus curiae brief granted The application of Presbytery of Hanmi and Synod of Southern California and Hawaii for permission to file an amicus curiae brief in support of plaintiffs and appellants is hereby granted. An answer thereto may be served and filed by any party within twenty days of the filing of the brief. |
| May 30 2008 |
Amicus curiae brief filed Presbytery of Hanmi and Synod of Southern California and Hawaii, in support of plaintiffs and appellants George Burns, counsel |
| May 30 2008 |
Extension of time granted On application of amicus curiae the Diocese of San Joaquin and good cause appearing, it is ordered that the time to serve and file its amicus curiae brief in support of defendants and respondents here is extended to and including June 18, 2008. An answer thereto may be served and filed by any party within twenty days of the filing of the brief. |
| May 30 2008 |
Permission to file amicus curiae brief granted The application of Thomas Lee and Rev. Peter Min for permission to file an amicus curiae brief in support of respondents is hereby granted. An answer thereto may be served and filed by any party within twenty days of the filing of the brief. |
| May 30 2008 |
Amicus curiae brief filed Thomas Lee and Rev. Peter Min, in support of respondents, by Allan E. Wilion, Counsel **An answer may be served and filed by any party within twenty days. |
| Jun 12 2008 |
Request for extension of time filed Joint request of parties for extension of time, to July 28, 2008, to file responses to all amicus curiae briefs. |
| Jun 16 2008 |
Received: Errata to Amicus brief of Thomas Lee and Rev. Peter Min |
| Jun 16 2008 |
Extension of time granted On joint application of the parties and good cause appearing, it is ordered that the time to serve and file responses all amicus curiae briefs is extended to and including July 28, 2008. |
| Jun 18 2008 |
Received application to file Amicus Curiae Brief Diocese of San Joaquin, in support of defendants and respondents Russell Vanrozeboom, counsel |
| Jun 19 2008 |
Received application to file Amicus Curiae Brief Holy Apostolic Catholic Assyrian Church of the East in support of appellants Tony Tanke, counsel (timely per CRC 8.25b) |
| Jun 19 2008 |
Received: Request for judicial notice Holy Apostolic Catholic Assyrian Church (to be sent to Court with A/C brief for permission to file) |
| Jun 30 2008 |
Permission to file amicus curiae brief granted The application of the Diocese of San Joaquin for permission to file an amicus curiae brief in support of defendants and respondents is hereby granted. An answer thereto may be served and filed by any party within twenty days of the filing of the brief. |
| Jun 30 2008 |
Amicus curiae brief filed Diocese of San Joaquin in suport of defendants and respondents. by counsel, Russell G. Vanrozeboom. |
| Jun 30 2008 |
Permission to file amicus curiae brief granted The application of the Holy Apostolic Catholic Assyrian Church of the East for permission to file an amicus curiae brief and request for judicial notice in support of appellants is hereby granted. An answer thereto may be served and filed by any party within twenty days of the filing of the brief. |
| Jun 30 2008 |
Amicus curiae brief filed Holy Apostolic Catholic Assyrian Church of the East in support of appellants. by counsel, Tony J. Tanke. |
| Jun 30 2008 |
Filed: Request for Judicial Notice of amicus curiae Holy Apostolic Catholic Assyrian Church of the East in support of appellants. by counsel, Tony J. Tanke. |
| Jul 11 2008 |
Request for extension of time filed to file responses to amicus curiae briefs, to 8/5/08. Joint request of all parties |
| Jul 17 2008 |
Extension of time granted On application of the parties and good cause appearing, it is ordered that the time to serve and file the responses to the amicus curiae briefs is extended to and including August 5, 2008. |
| Aug 5 2008 |
Response to amicus curiae brief filed Combined response to amicus curiae briefs Jane Rasmussen, et al., respondents John Shiner, Frederick Cohen, counsel |
| Aug 6 2008 |
Response to amicus curiae brief filed Combined response to amicus curiae briefs the Episcopal Church, intervenor and appellant David Beers, counsel timely per CRC 8.25b |
| Aug 6 2008 |
Response to amicus curiae brief filed Combined response to amicus curiae briefs Rev. Praveen Bunyan, et al., defendants and respondents Eric Sohlgren, Robert Olson, counsel timely per CRC 8.25b |
| Aug 20 2008 |
Case ordered on calendar to be argued Wednesday, October 8, 2008, at 9:00 a.m., in Riverside County |
| Sep 2 2008 |
Request for Extended Media coverage Filed The California Channel by James Gualtieri |
| Sep 2 2008 |
Application filed Application to divide oral argument time, filed by John R. Shiner, counsel for respondents Rasmussen et al., asking to share 15 minues with respondent Episcopal Church. |
| Sep 2 2008 |
Filed: Joinder to application to divide oral argument time, filed by David Booth Beers, counsel for respondent Episcopal Church. |
| Sep 4 2008 |
Order filed The request of counsel for appellants in the above-referenced cause to allow two counsel to argue on behalf of appellants at oral argument is hereby granted. Appellants' request to allocate to the Los Angeles Diocese parties (Rasmussen et al.) 15 minutes and the Episcopal Church 15 minutes of appellants' 30-minute allotted time for argument is granted. |
| Sep 5 2008 |
Request for Extended Media coverage Granted The request for media coverage, filed by the California Channel on September 2, 2008, is granted, subject to the conditions set forth in rule 1.150, of the California Rules of Court. |
| Sep 11 2008 |
Request for judicial notice granted Respondents' request for judicial notice, filed on November 14, 2007, is granted. Amicus curiae the Holy Apostolic Catholic Assyrian Church of the East's request for judicial notice, filed on June 30, 2008, is granted to the extent it asks us to notice the documents attached as exhibit A to that request, but is otherwise denied. |
| Oct 1 2008 |
Request for Extended Media coverage Filed The Desert Sun Mike Snyder, photographer |
| Oct 1 2008 |
Request for Extended Media coverage Filed Calif. State University, San Bernardino-Palm Desert Campus Mike Singer, photographer |
| Oct 3 2008 |
Request for Extended Media coverage Granted The request for extended media coverage of the Supreme Court's Oral Argument Special Session on October 7 and 8 , 2008, filed on October 1, 2008, by the Desert Sun to serve as pool photographer is granted , subject to the conditions set forth in rule 1.150, California Rules of court. |
| Oct 3 2008 |
Request for Extended Media coverage Granted The request for extended media coverage of the Supreme Court's Oral Argument Speical Session on October 7 and 8, 2008, filed by the California State University, San Bernardino-Palm Desert Campus photographer on September 26, 2008, is granted, subject to the conditions set forth in rule 1.150, California Rules of Court. |
| Oct 8 2008 | Cause argued and submitted |
| Oct 31 2008 |
Received: Letter from plaintiffs and appellants citing additional opinions |
| Nov 10 2008 |
Received: Letter from defendants and respondents in response to appellants' letter received 10/31 |
| Dec 3 2008 |
Change of contact information filed for: address of Holme Roberts & Owen, counsel for appellants Rasmussen, et al. |
| Jan 2 2009 | Notice of forthcoming opinion posted |
| Jan 5 2009 |
Opinion filed: Judgment affirmed in full Majority Opinion by Chin, J. ----- Joined by George, C. J., Baxter, Werdegar, Moreno and Corrigan, JJ. Concurring and Dissenting Opinion by Kennard, J. |
| Jan 21 2009 |
Rehearing petition filed Rev. Praveen Bunyan, et al respondents Eric Sohlgren, Robert Olson, counsel (timely per CRC 8.25b) |
| Jan 29 2009 |
Answer to rehearing petition filed Jane Hyde Rasmussen, et al., respondents John Shiner, Jeremy Rosen, counsel |
| Jan 29 2009 |
Answer to rehearing petition filed the Episcopal Church, plaintiff in intervention David Beers, counsel |
| Jan 29 2009 |
Request for judicial notice filed (granted case) Joint request of respondents and plaintiff in intervention |
| Feb 3 2009 |
Received: Application for Leave to file Reply in support of Petition for Rehearing submitted concurrent with Reply in Support of Rehearing [both app./brief scanned to sf] The Rev. Praveen Bunyan, et al., Attorney Eric C. Sohlgren |
| Feb 3 2009 |
Reply to answer to petition filed Rev. Praveen Bunyan, et al., respondents Robert Olson, Eric Sohlgren, counsel *Filed with permission |
| Feb 4 2009 |
Time extended to consider modification or rehearing The time for granting or denying rehearing in the above-entitled case is hereby extended to and including April 3, 2009, or the date upon which rehearing is either granted or denied, whichever occurs first. |
| Feb 25 2009 |
Rehearing denied The request for judicial notice, filed January 29, 2009 is granted. The opinion is modified. The petition for rehearing is denied. |
| Feb 25 2009 |
Opinion modified - no change in judgment MODIFICATION OF OPINION THE COURT: The opinion herein, filed on January 5, 2009, and appearing at 45 Cal.4th 467, is modified as follows: The first sentence in the second full paragraph on page 473 is modified to read: "Applying the neutral principles of law approach, we conclude, on this record, that the general church, not the local church, owns the property in question." The third full paragraph on page 476 is modified to read: "We granted review to decide whether this action is subject to the special motion to strike under Code of Civil Procedure section 425.16 and to address the merits of the church property dispute." The first full paragraph on page 478, under "B.," is modified to read: "Both lower courts also addressed the merits of the dispute over ownership of the local church - the trial court found in favor of the local church and the Court of Appeal found clear and convincing evidence in favor of the general church. We will also address this question, which the parties as well as various amici curiae have fully briefed. We will first consider what method the secular courts of this state should use to resolve disputes over church property. We will then apply that method to analyze the dispute of this case." The first sentence of the first full paragraph on page 493 is modified to read: "For these reasons, we agree with the Court of Appeal's conclusion (although not with all of its reasoning) that, on this record, when defendants disaffiliated from the Episcopal Church, the local church property reverted to the general church." This modification does not affect the judgment. |
| Feb 25 2009 | Remittitur issued (civil case) |
| Jun 30 2009 |
Received: Notice from U.S. Supreme Court that petition for writ of certiorari No. 08-1579 has been filed and placed on docket. |
| Oct 5 2009 | Certiorari denied by U.S. Supreme Court |
| Briefs | |
| Nov 14 2007 |
Opening brief on the merits filed |
| Jan 29 2008 |
Answer brief on the merits filed |
| Jan 29 2008 |
Answer brief on the merits filed |
| Apr 22 2008 |
Reply brief filed (case fully briefed) |
| May 30 2008 |
Amicus curiae brief filed |
| May 30 2008 |
Amicus curiae brief filed |
| May 30 2008 |
Amicus curiae brief filed |
| May 30 2008 |
Amicus curiae brief filed |
| May 30 2008 |
Amicus curiae brief filed |
| May 30 2008 |
Amicus curiae brief filed |
| May 30 2008 |
Amicus curiae brief filed |
| Jun 30 2008 |
Amicus curiae brief filed |
| Jun 30 2008 |
Amicus curiae brief filed |
| Aug 5 2008 |
Response to amicus curiae brief filed |
| Aug 6 2008 |
Response to amicus curiae brief filed |
| Aug 6 2008 |
Response to amicus curiae brief filed |
If you'd like to submit a brief document to be included for this opinion, please submit an e-mail to the SCOCAL website.
