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Episcopal lawsuits to be assigned to single judge
North County Times wire services
SANTA ANA (12/9/2004)-- Episcopal Diocese lawsuits aimed at retrieving church property from breakaway parishes in separate counties should be handled by one judge -- in Orange County, it was ruled Thursday.
Orange County Superior Court Judge David Velasquez granted a request by lawyers for churches in Newport Beach, Long Beach and North Hollywood, said Eric Sohlgren, attorney for St. James Church in
Newport Beach.
The decision will be forwarded to the Judicial Council in San
Francisco, which will decide which judge handles the cases. But
Sohlgren said they likely will remain with Velasquez.
"I can tell you, historically, they come back to the same judge,"
Sohlgren said.
Attorneys for the diocese declined comment outside the courtroom.
Velasquez set a status conference for Jan. 14, and will set hearings
for dismissal motions by the church attorneys if he keeps the case,
Sohlgren said.
St. James in Orange County was the first church to cut ties to the
national Episcopal Church in August and place itself under
jurisdiction of a conservative Anglican bishop in Uganda. The two Los
Angeles County churches, All Saints in Long Beach and St. David's in
North Hollywood, followed suit.
The diocese filed its suit against the churches on Sept. 7.
The parishes say they have divergent views on biblical interpretation
and homosexuality.
Keeping the cases together will benefit the parties because it is more
efficient economically, Sohlgren said.
But he also said if the cases were split among two counties "there is
a risk of inconsistent decisions."
And, if there is an appeal, the cases would go to separate appellate
districts, where there could be separate decisions again.
Another reason is that Justice Frederick Woods of the 2nd Appellate
Court of Appeal is a member of the vestry of All Saints, Sohlgren
said, and a Los Angeles County judge might have concerns about ruling
on a case that involves a justice in the local district appeals court.
Church lawyers said the law is on their side as far as keeping their
property.
"California is unique among the states ... on principles of law for
church disputes," attorney Daniel Lula said.
"The most significant factors in this state are the deeds to the
property and the separate corporate status of the local churches, all
of which are present here and are falling in favor of St. James church.
"And it's certainly been settled law in California for at least 20
years that churches which are independent and do hold their property
in their own name are free to depart denominations with those assets,"
Lula said.
After the lawsuits were filed, the Rt. Rev. J. John Bruno, bishop of
the Los Angeles Diocese, issued a statement saying he had no choice
but to sue to preserve the churches as houses of worship for faithful
Episcopalians, as they had been used since being founded.
END
