As briefly reported in this previous post, the Fifth District Court of Appeal today reversed the grant of summary adjudication by the Fresno trial court in favor of the Episcopal Church (USA) and Bishop Jerry Lamb. It held that the trial court should not have adjudicated the issue of who was the proper Bishop of San Joaquin, with entitlement to the assets of the departed Diocese of San Joaquin (now called the "Anglican Diocese of San Joaquin").
The second amended complaint (it does not appear to be on line; here is a link to its predecessor, which is nearly identical) brought by ECUSA and Bishop Lamb contained seven causes of action, for (1) a judicial declaration that the amendments finally adopted by the Diocese in December 2007 were illegal and void under the Constitution and Canons of ECUSA, and that as a consequence Bishop Lamb had succeeded to the position as bishop of the Diocese, incumbent of its corporation sole, and president/trustee of its associated property-holding entities; (2) a declaration that all money and property in the hands of the Diocese, the corporation sole and the other related entities were held in trust for ECUSA, and could not be used in any other Church; (3) a judgment that Bishop Schofield's "diversion" of the Diocese's assets constituted a breach of his fiduciary duties owed to the Episcopal Church (USA); (4) a judgment that Bishop Schofield and the related entities had wrongfully appropriated the assets of the Diocese to their own use; (5) a judgment ordering Bishop Schofield and his staff to vacate the Diocesan offices in Fresno, and to turn over all the Diocesan property to Bishop Lamb; (6) a judgment decreeing that the deeds putting title to the diocesan assets into the hands of its related entities were fraudulent; and (7) a judgment quieting the title of the disputed assets in the name of Bishop Lamb.
To read more, click here.
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