The Oriental Misson Church v. Park CA2/4

I. Factual Background

A. The Session and the Parties OMC is a California non-profit religious corporation, incorporated in 1973. It is a congregational church governed by its articles of incorporation or “constitution.” According to OMC’s constitution, the Session is the governing body of OMC and has authority to administrate and discipline. Its duties include monitoring finances,

2 managing assets, overseeing audits, managing personnel, and governing and administering church affairs. Pursuant to OMC’s constitution, the members of the Session are the senior pastor, senior associate pastor, and active elders. Active elders are OMC members with specified qualifications who are selected by the Session, approved by congregational vote, and complete certain training.1 Active elders serve a maximum term of three years on the Session and must retire at the age of 65.2 The Session essentially functions as OMC’s board of directors. Nonetheless, a separate body called the “board of directors” exists within OMC’s corporate structure.3 However, it lacks the authority of the Session to govern church affairs. In addition to OMC, plaintiffs are four active elders purporting to be…