Richelle L. v. Roman Catholic Archbishop

Appellant, Richelle L., is a member of the Church of Our Lady of Mount Carmel in San Francisco. Respondent Reverend Felix Namocatcat is employed by respondent Roman Catholic Archdiocese (Archdiocese) as a priest at that church. This civil action for damages was commenced by appellant to compensate for the injuries she allegedly sustained as a result of a sexual relationship initiated by Reverend Namocatcat, who, she alleges, exploited a position of power and trust.

The trial court sustained respondents’ demurrers without leave to amend. The ruling reflects the trial court’s acceptance of respondents’ contention that subjecting a member of the clergy and his church to tort liability for the manner in which an ecclesiastical officer carries out his pastoral responsibilities would excessively entangle the court in religious beliefs and practices, in violation of the religion clauses set forth in the First Amendment of the United States Constitution and article I, section 4, of the California Constitution. These constitutional provisions guarantee the free exercise of religion and bar laws respecting an establishment of religion.

Appellant timely appeals from the judgment…