Synod of Southern California and Hawaii v. Kim
The main issue in this appeal concerns how to resolve a dispute between a national denomination and an affiliated local church about ownership and control of property of the local church, Korean Hope Christian Church (Hope Church). This in turn involves the meaning of Corporations Code section 9142[1] and whether its provisions authorize the imposition of a trust on local church property in favor of the national denomination. Defendants, the former pastor and former elders and members of the Hope Church, appeal a judgment imposing a trust on that churchs real property in favor of the national denominational church, Presbyterian Church (U.S.A.) (PCUSA), quieting title in PCUSA, and awarding injunctive relief. Court conclude that, applying neutral principles of law to this property dispute, substantial evidence supports the judgment. Moreover, section 9142, subdivision (c)(2) applies to this case as a neutral principle of law, and the trial court properly found that a trust was impressed on the assets of Hope Church in favor of PCUSA. Court further find that the trial court properly deferred to the determination of the ecclesiastical body, PCUSA and its Hanmi Presbytery and Hope Administrative Commission, of who constituted the true church of Hope Church. Finally, Court find that defendants have not shown that the proceedings of the Hope Administration Commission denied them due process. Court affirm the judgment.
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