Korean Philadelphia Presbyterian Church v. California Presbytery

77 Cal. App. 4th 1069, 92 Cal. Rptr. 2d 275, 2000 Daily Journal DAR 1049, 2000 Cal. Daily Op. Serv. 707, 2000 Cal. App. LEXIS 57
CourtCalifornia Court of Appeal
DecidedJanuary 27, 2000
DocketNo. B134338
StatusPublished
Cited by15 cases

This text of 77 Cal. App. 4th 1069 (Korean Philadelphia Presbyterian Church v. California Presbytery) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Korean Philadelphia Presbyterian Church v. California Presbytery, 77 Cal. App. 4th 1069, 92 Cal. Rptr. 2d 275, 2000 Daily Journal DAR 1049, 2000 Cal. Daily Op. Serv. 707, 2000 Cal. App. LEXIS 57 (Cal. Ct. App. 2000).

Opinion

Opinion

CURRY, J.

This case involves a dispute between a church, respondent Korean Philadelphia Presbyterian Church (the Church), and the organizations above it in its religious hierarchy. We are called on to decide whether the trial court abused its discretion in granting a preliminary injunction requested by the Church which prohibits the California Presbytery (the Presbytery) and one of its employees, “and all persons acting in concert or participating with them” from: coming onto the Church’s property other than to participate in worship services, disturbing worship services or other of the Church’s functions, disturbing the Church’s business meetings, entering into contracts or commercial relationships in the name of the Church, or using the name of the Church “in any manner or for any purpose other than in connection with litigation.” Because we conclude that the preliminary injunction was overbroad, we agree that it should be dissolved. At the same time, we make clear that many of the issues put forth by the parties are not properly justiciable because of their religious nature, unripeness, or absence of a party with standing, and remand the case to the trial court for further proceedings consistent with the views set forth in this opinion.

Factual and Procedural Background

The Complaint

The Church and co-respondent Reverend James Insoo Cho filed a complaint on May 11, 1999, naming appellants the Presbytery and its employee Edmund Lee1 as defendants. According to the complaint, James Insoo Cho became pastor of the Church in July of 1998. In late 1998, a dispute arose between the Church and its former pastor, Reverend Chun II Cho,2 over money claimed to be owed to him. Chun reported the dispute to the Presbytery, an association of churches of which the Church was a member, and the president of the Presbytery asked James to resign. Thereafter, as will be discussed in greater detail, (1) the Church purported to withdraw from the Presbytery; (2) the Presbytery purported to terminate James as pastor of the [1073]*1073Church and assign a new pastor; and (3) Lee on behalf of the Presbytery came to the Church facility with a group of followers one Sunday, purportedly to take control of the worship services, which led to a physical confrontation and police intervention.

In their prayer for relief, respondents sought a preliminary injunction to prevent appellants from interfering with worship services and other Church functions and disrupting its day-to-day operations. The declaratory relief action sought a declaration that the Church was the owner of all land, buildings, and personal property at the premises; was not subject to the jurisdiction or control of the appellants; and that James was the duly elected and presently acting senior pastor of the Church. Respondents also sought a temporary restraining order (TRO) restraining appellants and their agents from: coming onto the Church’s property for any purpose other than to participate in religious worship services; disturbing or interfering with any of the worship services or other functions at the Church; disturbing or interfering with the business meetings of the Church; entering into any contracts, agreements or obligations with any third persons in the name of the Church; representing that they were authorized to act for or on behalf of the Church; establishing any bank accounts in the Church’s name; or using the name of the Church in any manner or for any purpose other than in connection with the litigation.

The TRO Application

In a declaration filed in support of the TRO application, Alfred Calabro, respondents’ attorney, stated that he was told by Joseph McGuinness, the attorney for appellants, on May 6, 1999, that the Presbytery had removed James as pastor of the Church and that his clients would take possession of the Church building and its pulpit on Sunday morning, May 9, at the 9:00 a.m. worship service.

Benjamin Yoon, a deacon of the Church, confirmed Calabro’s account of the telephone conversation with appellants’ attorney and the threat to take physical control of the Church’s property.

James stated in a separate declaration that: the bylaws of the Church provide that its affairs are to be governed by a board of directors known as the “Consistory” or “Session”; the Session consists of James and nine ruling elders; on April 12, 1999, he wrote to the Presbytery to inform them that the Session had voted to withdraw from the Presbytery if it intervened in its internal audit of financial records; on April 21, 1999, the Session voted to [1074]*1074withdraw the Church’s membership in the Presbytery;3 the Session’s vote was followed by a congregation vote to withdraw on May 2, 1999;4 the Presbytery was informed on May 4, 1999; on May 6, the Presbytery informed James that he was terminated; and on May 5, appellant Lee, a member of the Presbytery, asked James if a separate worship service could be conducted by a temporary pastor to be sent by the Presbytery.

James’s declaration also related the following version of the altercation, which occurred on May 9, 1999: Lee and a group of about 30 others came onto the Church grounds. Unbeknownst to James, one of the Church’s janitors had secretly placed a new lock on the inside of the main entrance, apparently to prevent him and the congregants who supported him from entering. James and his supporters broke a window to access the building. They had arranged to have security guards placed at the Church’s entrance. The guards attempted to prevent Lee and his group from entering. A pushing and shoving match ensued. Police were called and initially forced Lee’s group to disperse. Eventually, the police ordered everyone to withdraw from the property “pending the issuance of an appropriate court order.”

James’s account of the May 9 incident was confirmed by Benjamin Kang, the “Chief Elder” of the Church. Kang was the person who called 911. He did it because Lee and some of the people with him tried to force their way into the building by pushing the security guards out of the way.

The opposition to the TRO application5 charged that James was attempting to secure ownership and control of the Church property worth millions of dollars, including the Church facility, a parking lot, and two apartment complexes. A declaration submitted by Donald Cho (the son of former pastor Chun) stated that he was a deacon of the Church, was present at a congregational meeting when James announced “a desire” to leave the “Korean American Presbyterian Church.” His version of the May 9 incident was that, as a longtime congregant, he appeared with his family at the Church facility in order to worship and was turned away by Calabro and the security guards. Former pastor Chun submitted a declaration in which he stated he was also present at a congregational meeting in which James announced “a desire” to leave the Presbytery. He did not state whether a vote to withdraw occurred at that meeting.

[1075]*1075The court granted a TRO and order to show cause precluding appellants and their “agents, servants, employees, and representatives, and all persons acting in concert or participating with them” from “(a) Coming upon the property owned and occupied by the [Church] . . .

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77 Cal. App. 4th 1069, 92 Cal. Rptr. 2d 275, 2000 Daily Journal DAR 1049, 2000 Cal. Daily Op. Serv. 707, 2000 Cal. App. LEXIS 57, Counsel Stack Legal Research, https://law.counselstack.com/opinion/korean-philadelphia-presbyterian-church-v-california-presbytery-calctapp-2000.