Diocese of San Joaquin v. Nelson CA3

BACKGROUND CONCERNING DISAFFILIATION CASES

While this opinion does not reach the merits of who owns the parish property, a brief summary of similar cases is helpful to understanding the issues relevant to this action.

References in this opinion to an unspecified code are to the Code of Civil Procedure.

2 “ ‘The Protestant Episcopal Church in the United States of America . . . , organized in 1789, was the product of secession of the Anglican church in the colonies from the Church of England, the latter church itself being the product of secession from the Church of Rome in 1534.’ [Citation.] The church . . . is governed by a general convention and a presiding bishop. In the United States, the Episcopal Church is divided geographically into dioceses, including [here, the Diocese of San Joaquin]. Each diocese is governed by a diocesan convention and a bishop. A diocese is itself divided into missions and parishes, which are individual churches where members meet to worship. A parish is governed by a rector and a board of elected laypersons called the vestry. [Citation.]” (Episcopal Church Cases (2009) 45 Cal.4th 467, 474.) Over the past decade, some California parishes have…