Jacqueline R. v. Household of Faith Family Church, Inc.

In what appears to be a case of first impression in California, the trial court granted summary judgment in favor of defendants Household of Faith Family Church, Inc. (the church) and Pastor Orlando Barela (the pastor) after concluding the pastor was not liable in tort as a matter of law for engaging in sexual conduct with the wife of a parishioner who came to him for marriage counseling. Plaintiffs Jacqueline R. and Abel R. argue the same tort liability imposed on licensed marriage counselors for similar conduct should apply to unlicensed, pastoral marriage counselors, despite the holding in Nally v. Grace Community Church (1988) 47 Cal.3d 278 [ 253 Cal.Rptr. 97 , 763 P.2d 948 ], which refused to impose a professional duty of care on pastoral counselors who provided spiritual counseling to a suicidal church member before he committed suicide. They further argue the trial court improperly decided an issue of fact regarding the consensual nature of the sexual activity.

Defendants contend Natty controls the outcome of this case and the trial court did not improperly weigh the evidence. We agree Natty precludes us from holding the pastor to the same standard of care…