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MOLKO v. HOLY SPIRIT ASSN.

Docket No. S.F. 25038.

46 Cal.3d 1092 (1988)

762 P.2d 46

252 Cal. Rptr. 122

DAVID MOLKO, Plaintiff, Cross-defendant and Appellant; TRACY LEAL, Plaintiff and Appellant, v. HOLY SPIRIT ASSOCIATION FOR THE UNIFICATION OF WORLD CHRISTIANITY et al., Defendants, Cross-complainants and Appellants; NEIL MAXWELL, Cross-defendant and Respondent.

Supreme Court of California.

October 17, 1988.

Attorney(s) appearing for the Case

COUNSEL

Ford Greene, Shapiro & Shapiro, Carl Shapiro, Lynn M. Rennert, Stanley F. Leal, Kelly, Leal, Olimpia, Davilla & Whelan, Kelly, Leal & Davilla and Kelly, Leal & Olimpia for Plaintiff, Cross-defendant and Appellant, Plaintiff and Appellant and Cross-defendant and Respondent.

Jeffrey S. Ross, James A. Dorskind, Friedman, Sloan & Ross and Lawrence A. Gibbs for Defendants, Cross-complainants and Appellants.

Harold J. Kwalwasser, Robin D. Wiener, Tuttle & Taylor, Paul Morantz, Robert H. Philibosian, Morton B. Jackson, MacDonald, Halsted & Laybourne, Baker & McKenzie, Bruce J. Ennis, Donald N. Bersoff, Kit Adelman-Pierson, Ennis, Friedman & Bersoff, Michael J. Woodruff, Samuel E. Ericsson, Michael A. Paulsen, Heidi S. Hagerman, Earl W. Trent, Jr., and Remcho, Johansen & Purcell as Amici Curiae.

OPINION

MOSK, J.

This case raises three issues: (1) whether, consistently with the free exercise clause of the First Amendment of the United States Constitution and of article I, section 4, of the California Constitution, former members of a religious organization may sue that organization on various causes of action arising out of its allegedly deceptive recruitment practices; (2) whether the organization may cross-complain against...

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