Hee Shen Cemetery etc. v. Yeong Wo Assn.

Good Law
Court of Appeal of CaliforniaMarch 5, 2024A165514California5,024 words

Opinion

Opinion

Filed 3/5/

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION TWO

HEE SHEN CEMETERY AND

BENEVOLENT ASSOCIATION,

Plaintiff and Respondent, A165514

v. (San Francisco County YEONG WO ASSOCIATION et al., Super. Ct. No. CGC-21-592116) Defendants and Appellants.

Under California law, courts intervene only sparingly in disputes involving how private associations choose to govern themselves. (California Dental Assn. v. American Dental Assn. (1979) 23 Cal.3d 346, 353 (California Dental).) Here, Hee Shen Cemetery and Benevolent Association (Hee Shen) asked the trial court to intervene in a disputed election for the leadership of Yeong Wo Association (Yeong Wo), of which Hee Shen is one of 12 member organizations. Hee Shen convinced the trial court to void Yeong Wo’s presidential election for its 2021-2022 term and order a new election for a full two-year term. The trial court found that Yeong Wo’s bylaws were clear and unambiguous, and that the bylaws restricted the candidates for Yeong Wo’s presidential elections in a manner advocated by Hee Shen. We…

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