NEW v. KROEGER

No. D051120.

167 Cal.App.4th 800 (2008)

DALE W. NEW et al., Plaintiffs and Appellants, v. DONALD L. KROEGER et al., Defendants and Respondents.

Court of Appeals of California, Fourth District, Division One.

October 21, 2008.


Attorney(s) appearing for the Case

Baker & McKenzie, Charles H. Dick, Jr., Abby B. Silverman, Lauren S. Cartwright and Jason K. Petrek for Plaintiffs and Appellants.

Goodwin\Procter, David Booth Beers and Jeffrey David Skinner for The Episcopal Church as Amicus Curiae on behalf of Plaintiffs and Appellants.

Payne & Fears, Eric C. Sohlgren and Daniel F. Lula for Defendants and Respondents.

Wild, Carter & Tipton and Russell G. VanRozeboom for the Diocese of San Joaquin and the Anglican Bishop of San Joaquin as Amici Curiae on behalf of Defendants and Respondents.


OPINION

NARES, J.

This action arises out of a dispute concerning the governance of St. John's Parish church (St. John's) that is a member of the Protestant Episcopal Church in the United States (the Episcopal Church), located in Fallbrook, California. The clergy, members of the governing board and a majority group of its members (collectively, defendants) resigned their membership in the Episcopal Church. When they did so, the Bishop of the...

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