Friday, November 19, 2010

SCHOFIELD v. SUPERIOR COURT OF FRESNO COUNTY


From San Joaquin-

SCHOFIELD v. SUPERIOR COURT OF FRESNO COUNTY
JOHN-DAVID SCHOFIELD et al., Petitioners
v.
THE SUPERIOR COURT OF FRESNO COUNTY, Respondent;
DIOCESE OF SAN JOAQUIN et al., Real Parties in Interest.
No. F058298.

Court of Appeals of California, Fifth District.
Filed November 18, 2010.

Wild, Carter & Tipton, Russell G. VanRozeboom; Haley & Bilheimer, Allan Scott Haley for Petitioners.

No appearance for Respondent.

Law Offices of Michael O. Glass, Michael Owen Glass; Goodwin Procter, David Booth Beers and Adam M. Chud, for Real Parties in Interst.
CERTIFIED FOR PUBLICATION
OPINION
ARDAIZ, P.J.

This matter comes before us on a petition for writ of mandate after the trial court granted a motion for summary adjudication. We conclude plaintiffs' first cause of action presents a purely ecclesiastical controversy not justiciable by civil courts. Accordingly, the trial court erred in granting plaintiffs' motion for summary adjudication on that cause of action.


More here-

http://www.leagle.com/xmlResult.aspx?xmldoc=In%20CACO%2020101118062.xml&docbase=CSLWAR3-2007-CURR

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