Superior Court Denies LA Episcopal Diocese’s Motion for Attorney’s Fees

Posted by Kendall Harmon
(Press Release)

SANTA ANA, Calif. – May 15, 2009 – Orange County Superior Court Judge Thierry P. Colaw today denied a motion by the Episcopal Diocese of Los Angeles which would have forced St. James Church and its volunteer board of directors to pay the Diocese’s attorneys’ fees in this ongoing property dispute.The case began when St. James Church disaffiliated from the Episcopal Diocese of Los Angeles and the Episcopal Church over theological differences in August 2004.

The Diocese then sued St. James Church, All Saints Church in Long Beach, and St. David’s Church in North Hollywood, and each of their volunteer board members in September 2004.

Subsequently, the national Episcopal Church intervened in the lawsuit with its own claims. The three local churches brought special motions to strike the Diocese’s suit under a unique California statute providing for early evaluation of cases involving free speech rights.The Superior Court initially granted St. James Church’s motion, but the case made its way to the California Supreme Court, which reversed and reinstated the Diocese’s suit. St. James Church recently announced that it will file a petition for writ of certiorari with the United States Supreme Court to seek further appellate review. Even as St. James Church prepares its bid to the United States Supreme Court, the case continues to proceed in the Superior Court.

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