Berry

Plaintiff and appellant Reverend Eugene R. Berry (Berry) appeals a judgment following a grant of summary judgment in an unlawful detainer action in favor of defendants and respondents Society of Saint Pius X (the Society), Reverend Peter Scott (Scott), Reverend Paul Tague (Tague) and Reverend Charles Ward (Ward) (collectively, defendants or the Society).

Berry claims he is entitled to possession of the disputed church properties and to oust defendants from the premises because he was duly appointed by his predecessor to serve as pastor of the subject religious entity, which holds title to its property as a corporation sole. (Corp. Code, §§ 10000-10015.)

We conclude an amendment to the corporate articles giving an incumbent pastor the power to appoint a successor was invalid because the amendment was not duly authorized by the “religious organization” governed by the corporation. (§ 10010.) Therefore, Berry’s appointment was ineffective and Berry has no right to possession thereunder. As a result, the grant of summary judgment in favor of defendants was proper.

Factual and Procedural Background

1. Overview.

The subject church real property consists of two church…