Grant
Grant v. Phillips CA1/5
Opinion
Opinion
Needham, J.
I. FACTS AND PROCEDURAL HISTORY
Appellants Jesse Grant and Rutha Grant were volunteer members of the board of directors of the Greater Gethsemane Church of God in Christ (Greater Gethsemane Church). The pastor of the church was respondent Don M. Phillips. Respondent Eleanor Blaylock was allegedly the church secretary, administrator, and a board member, and respondent Minnie Willis was allegedly a board member as well. In April 2007, the Grants and the Greater Gethsemane Church filed a lawsuit against Phillips, Blaylock, and Willis, seeking redress under the California Nonprofit Religious Corporation Law (Corp. Code, § 9110-9690), other provisions of the Corporations Code, and common law. In essence, the lawsuit was a derivative action brought by the Grants on behalf of the church, accusing Phillips, Blaylock, and Willis of self-dealing and related breaches of trust. The complaint sought enforcement of the right to inspect records and alleged self-dealing in connection with the purchase of real property with church funds, as well as breach of contract and breach of fiduciary duties, fraud and misrepresentation, and other claims. The case was tried before an advisory jury in 2009;…