Korean Philadelphia Presbyterian Church v. California Presbytery

This case involves a dispute between a church, respondent Korean Philadelphia Presbyterian Church (the Church), and the organizations above it in its religious hierarchy. We are called on to decide whether the trial court abused its discretion in granting a preliminary injunction requested by the Church which prohibits the California Presbytery (the Presbytery) and one of its employees, “and all persons acting in concert or participating with them” from: coming onto the Church’s property other than to participate in worship services, disturbing worship services or other of the Church’s functions, disturbing the Church’s business meetings, entering into contracts or commercial relationships in the name of the Church, or using the name of the Church “in any manner or for any purpose other than in connection with litigation.” Because we conclude that the preliminary injunction was overbroad, we agree that it should be dissolved. At the same time, we make clear that many of the issues put forth by the parties are not properly justiciable because of their religious nature, unripeness, or absence of a party with standing, and remand the case to the trial court for further…