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NEWPORT BEACH: Seceding churches might be sued as one
Judge issues a stay until Dec. 9, when he'll make his decision whether to combine case against St. James with two others.
by Deepa Bharath
Daily Pilot
NEWPORT BEACH — An Orange County Superior Court judge will decide whether to combine lawsuits filed by the Episcopal Diocese of Los Angeles against three Southern California churches, including one on Via Lido, that seceded from the national church.
Judge David Velasquez on Tuesday refused to rule on several motions filed on behalf of the three churches, including one asking to dismiss the case, arguing that the diocese's property claims have no legal basis, said Eric Sohlgren, an attorney representing the churches.
St. James Church in Newport Beach, All Saints' in Long Beach and St. David's in North Hollywood seceded from the Episcopal Church of the United States in August because they did not agree with the national church's liberal views on homosexuality, the divinity of Jesus Christ and the supremacy of the Bible.
The churches placed themselves under the Diocese of Luwero in the Anglican Province of Uganda, Africa. The Episcopal Diocese of Los Angeles filed a lawsuit in Orange County Superior Court against the churches in September, stating that the church buildings and surrounding properties belong to the diocese.
Velasquez has issued a stay, which is basically a freeze until Dec. 9, when he'll decide if the cases against all three churches should be tried as one, Sohlgren said.
It is likely that a combined case will be tried in Orange County Superior Court, he said. Also, a sitting judge of the Los Angeles County Appellate Court has been named as part of the diocese's lawsuit against All Saints' because the judge is one of the church's board members.
"I wouldn't go as far as to call it a conflict of interest," Sohlgren said. "But it's definitely an awkward situation."
John Shiner, the attorney representing the Diocese of Los Angeles, said he was happy to hear the judge issue the stay.
"The judge made the right decision by delaying ruling on those motions until the cases were coordinated," he said.
Shiner would not comment on his opinion about combining the three cases.
"We plan to file a brief on Friday with our position on that," he said. "I'll reserve my comment until that time."
On Oct. 8, Sohlgren filed what is known as a "demurrer" in response to the diocese's lawsuit. A demurrer assumes all allegations made by the diocese in its lawsuit are true and asks the question that even if everything that's alleged turns out to be true, is there a legal wrong here? Sohlgren and the churches' position is that there is no legal wrong. If the court grants the demurrer, the case will be over.
Sohlgren said he would support combining the cases. The lawsuits against All Saints' and St. David's were filed in Los Angeles Superior Court.
"It's beneficial to have one judge considering the case," he said. "All three churches have a different history, but similar legal issues. Combining them also means great efficiency for the courts and the parties."
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