Rasmussen

This matter, involving a church property dispute, is before this court for the second time. (See Episcopal Church Cases (2009) 45 Cal.4th 467 [ 87 Cal.Rptr.3d 275 , 198 P.3d 66 ].) St. James Parish in Newport Beach (St. James Parish) was a parish within the Episcopal Diocese of Los Angeles (Los Angeles Diocese), a diocese within the Protestant Episcopal Church in the United States of America (Episcopal Church). The parish has disaffiliated from the diocese and the national church and joined another church. The national church and St. James Parish both claim ownership of the church building that St. James Parish used and the property on which the building stands.

The Los Angeles Diocese and certain individuals (hereafter, collectively, Los Angeles Diocese) sued persons connected with St. James Parish (hereafter, collectively, St. James Parish) claiming the national church owps the property. Later, the Episcopal Church intervened on the side of the Los Angeles Diocese and filed a complaint in intervention against St. James Parish, also claiming the national church owns the property. St. James Parish *807 moved to strike the Los Angeles Diocese’s lawsuit as a “strategic…

This case, first before this court in 2009, concerns a dispute between a local parish and a national church organization over ownership of certain property. Today, this case is again before this court.

In the earlier decision, captioned Episcopal Church Cases (2009) 45 Cal.4th 467 [ 87 Cal.Rptr.3d 275 , 198 P.3d 66 ], this court reviewed the Court of Appeal’s decision holding that when a secular court is asked to resolve an intrachurch property dispute, the “principle of government” standard must be applied, as this is the test that California has adopted for that purpose. Under that test, the courts must, as to disputes involving a hierarchical church, accept decisions made by the highest level of the church hierarchy. Under an alternative test, the “neutral principles of law” approach, secular courts decide church property disputes by applying general, that is, neutral, concepts of trust and property law to the issue at hand.

In the earlier decision, the majority adopted the “neutral principles of law” approach. (Episcopal Church Cases, supra, 45 Cal.4th 467, 473 .) In a concurring and dissenting opinion, I agreed with the Court of Appeal that, as reflected in Corporations…

Filed 5/5/

IN THE SUPREME COURT OF CALIFORNIA

JANE HYDE RASMUSSEN et al., ) S182407 ) Petitioners, ) Ct.App. 4/3 ) G042454 v. ) ) THE SUPERIOR COURT OF ORANGE ) Orange County COUNTY, ) JCCP No. 4392 ) Respondent; ) ) PRAVEEN BUNYAN et al., ) ) Real Parties in Interest. ) ____________________________________)

This matter, involving a church property dispute, is before this court for the second time. (See Episcopal Church Cases (2009) 45 Cal.4th 467.) St. James Parish in Newport Beach (St. James Parish) was a parish within the Episcopal Diocese of Los Angeles (Los Angeles Diocese), a diocese within the Protestant Episcopal Church in the United States of America (Episcopal Church). The parish has disaffiliated from the diocese and the national church and joined another church. The national church and St. James Parish both claim ownership of the church building that St. James Parish used and the…