Avila v. Apostolic Assembly of the Faith in Jesus Christ
Plaintiffs, Saul Avila, Baldemar Rodriguez, Daniel Salomon and Abel Torres, four individual members of defendant Apostolic Assembly of Faith in Christ Jesus (the Church), appeal from judgment of dismissal following the trial courts denial of their motion to set aside the results of the November 24, 2006, election (the election) of the General Board of Directors (General Board) the Church. Other defendants include present and former members of the General Board and the five members of the Churchs Qualifying Committee.
Plaintiffs contend: (1) defendant Edward Pacheco and nonparty Joel M. Montes should not have been approved as candidates for General Board positions under the Churchs constitution; (2) there was no evidence that the Qualifying Committee ever considered candidates with the majority of votes; (3) defendants failed to follow constitutional procedures in conducting the election; (4) the General Board acted capriciously and violated the Churchs constitution by using a weighting system to evaluate candidates; (5) the selection of Montes as a nominee violated constitutional requirements; and (6) the election was conducted with procedural irregularities. Plaintiffs also contend the trial court erred in sustaining defendants objections to certain of plaintiffs evidence and in overruling plaintiffs objections to certain of defendants evidence. Court find no prejudicial error, and Court affirm.
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