Anglican Church in America; The Diocese of the West; The Recor, Wardens, and Vestrymen of St. Mary of the Angel's Parish in Hollywood, Los Angeles, California v. Christopher P. Kelley, and Does 1 through 25, inclusive
Published: Jan. 7, 2017 | Result Date: Dec. 12, 2016 | Filing Date: Jan. 1, 1900 |Case number: BC485402 Summary Judgment – Defense
Court
L.A. Superior Central
Attorneys
Plaintiff
Damon C. Anastasia
(Lancaster & Anastasia LLP)
William H. Lancaster
(Lancaster & Anastasia LLP)
Defendant
Kathryn L. Greer
(Greer & Rineer)
Pal A. Lengyel-Leahu
(Law Offices of Pal A. Lengyal-Leahu)
Allegra P. Rineer
(Greer & Rineer)
Facts
The Anglican Church in America, the Diocese of the West, and the Rector, Wardens, and Vestrymen of St. Mary of the Angels Parish in Hollywood brought an action against Father Christopher Kelley, the church's priest.
Contentions
PLAINTIFFS' CONTENTIONS:
Plaintiffs contended that defendant had been removed as Rector of the church for various wrongdoings but that he unlawfully entered the church and refused to leave. As such, they sought for him to be ejected. They also claimed he committed conversion and violated various laws by diverting church funds.
Plaintiffs asserted causes of action in their second amended complaint for ejectment, conversion, breach of trust and tortious interference with corporate business, preliminary and permanent injunction, unfair and deceptive business practices, and accounting and disgorgement of benefits.
DEFENDANT'S CONTENTIONS:
Defendant contended that plaintiffs' lacked standing because they had no ownership interest in the church property and only the church's board of directors had standing to bring litigation on behalf of the church. Defendant further argued that none of the members of the board of directors had authorized the present litigation and plaintiffs' were collaterally estopped from re-litigating the membership of the board.
Result
The court granted defendant's motion for summary judgment.
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