Barr v. United Methodist Church

The guarantees of due process of law and religious freedom under the state and federal Constitutions do not prohibit the United Methodist Church, a legal entity under Code of Civil Procedure section 388, subdivision (a), from being sued. We reverse the order of the trial court quashing service of summons on the United Methodist Church.

The Procedural Background

Plaintiffs commenced their class action on behalf of approximately 1,950 present and former residents of the 14 retirement homes operated in California, Hawaii and Arizona by Pacific Homes Corporation (Pacific Homes) for equitable relief or damages. The complaint alleged each member of the class had entered into a “continuing care agreement” with Pacific Homes; that on or about February 18, 1977, Pacific Homes petitioned for relief under chapter 11 of the Bankruptcy Act in the United States District Court for the Central District of California, and that the defendants Pacific and Southwest Annual Conference of the United Methodist Church (PSWAC), a California corporation, the General Council on Finance and Administration of the United Methodist Church (GCFA), and the United Methodist Church (UMC), were each…