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PASTOR GENERAL'S REPORT, February 6, 1981
LEGAL BATTLE FAR FROM OVER
by
Stanley R. Rader
Pasadena, February 5, 1981
The legal battle is far from over even though the California attorney
general dismissed his lawsuit against the Worldwide Church of God and all
other parties on October 15, 1980. We are still deeply involved in liti
gation in the appellate courts of California in matters directly related
to the original lawsuit.
We have just petitioned the California Supreme Court for a hearing
after the District Court of Appeals denied a petition in which we asked
that it (the Dictrict Court of Appeals) clarify the order that it previ
ously entered following the attorney general's request that our appeal be
considered moot.
[Recall that early in 1979 we appealed certain decisions
made in Superior Court installing a receiver. The attorney general later
dismissed the lawsuit against the Church. Then the attorney general
applied to the appeals court to have the Church's appeal dismissed too.]
It was important for us to have the District Court of Appeals state
clearly that the underlying orders imposing a receiver, an injunction,
etc., were dissolved by the dismissal of the underlying action and the
request for dismissal of our appeal. In the opinion of all of our counsel,
this was a prerequisite for us to avoid our adversaries from claiming
collateral estoppel in other matters now pending or that might be pending
in the future. [ "Collateral estoppel" means that certain decisions made
in one court are binding on another court on all the same issues.]
Hillel Chodos, the attorney for the relators, in an independent
motion has appealed the dismissal by the attorney general. But again the
District Court of Appeals has rebuffed us and our request that his appeal
be dismissed for lack of standing [lack of legal right to challenge the
dismissal of the lawsuit by the attorney general]. We are now preparing
a petition on this matter for the California Supreme Court. The matters
concerning the receivership costs and the receiver's fees and legal fees
claimed by Chodos and others are still pending in the appellate courts of
California.
We are still in the process of preparing our civil rights action in
federal court which may ultimately be the only way for the Church to be
vindicated of the illegal, unlawful and unconstitutional attack by the
State of California.
Meanwhile in the state legislature, an effort will be made to tack
on amendments to the Petris Bill before it becomes effective in June. A
Jewish federation is seeking a sponsor in the assembly for a whole series
of amendments which would, for all practical purposes, nullify the Petris
Bill. We and all other religious denominations are watching the matter
as carefully as we can and your prayers are needed.