RECENT CALIFORNIA DECISIONS

August 2007

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Fourth District Concludes National Church May Enforce Trust on Local Parish Property under California Case Law
Episcopal Church Cases, ___Cal.App.4th___

On June 25, 2007, the Court of Appeal for the Fourth Appellate District concluded that a national church had a clear right to enforce a trust on property of a local parish. The court also concluded that the “principle of government” approach was applicable in resolving disputes over church property under California common law. The court reached these conclusions as part of its review of the trial court’s dismissal of the local diocese’s suit on an anti-SLAPP (Strategic Lawsuit Against Public Participation) motion. (See Cal. Civ. Proc. Code § 425.16). The court was also reviewing the trial court’s sustaining of a demurrer to the national church’s complaint in intervention.