QUESTION

What steps should we take in here? What type of a case does this fall under?

Asked on Aug 25th, 2014 on Litigation - California
More details to this question:
For the past decade, we've been attending a Sikh temple very close to our home and since then we've been contributing to the temple. The founders of the temple were taking in the money; according to official reports, the temple's yearly income is over $1.5 million. Today, they've made their own committee without having any elections. In our religion, it is said that everyone has a say. Today they're kicking people out of the temple with false and cheap allegations. Our guru has said that anyone can come to the temple no matter what. One: They're kicking people out, and they are saying that they can never enter the premises or else they'll be arrested. Two: They were never any elections. The people of the whole temple are demanding elections for a new committee. What steps should we take in here? What type of a case does this fall under?
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1 ANSWER

Real Estate Attorney serving Oakland, CA at Sack Rosendin LLP
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Courts try to stay out of religious disputes. What procedures and remedies might be available to you will depend on the manner in which your temple is organized and the religious law of your religion, as described by an expert on that subject. In California, religious associations are often organized as either non-profit religious corporations or as corporations sole. The non-profit corporation law provides members with a variety of Anglo-American legal protections. A corporation sole puts all ownership and control into an individual, and that person is subject only to any religious hierarchy which appoints him. Catholic bishops are corporations sole. The bishop "owns" everything the church owns within his geographic jurisdiction, and he is subject only to canonical church law. When the bishop changes, so does the corporation sole. Because of all the lawsuits against the Catholic church and its bishops as corporations sole as the owners of its assets, the church has diversified the ownership, placing many local churches, schools and hospitals into their own separate corporations sole. If you temple is not organized as either of these, we could try to convince the court that it is a partnership or unincorporated association, but that doesn't give the court much guidance regarding what to do. A major problem is that contributions to a religious organization are often treated as gifts. Gifts do not confer any ownership rights, voting rights, or any other say in how the funds or used or the operations of the religious organization. You probably don't want a non-Sikh imposing non-Sikh standards on the resolution of this dispute. Mediation would be a better course of action. A mediator is a knowledgeable and respected third party who tries to negotiate a compromise between the two sides. Many mediators are retired judges, who are in a good position to tell each side, privately and differently, what the likely results and problems will be if they go to court. It is typical for a mediator to meet with the two sides in separate rooms, in order that they can speak frankly, and both admit weaknesses and not enflame the situation when angry. If you would like to discuss this further, I would be happy to meet with you or get together on teh phone. If you would like to arrange such a meeting or phone call, please call me. Dana Sack 510-286-2200  
Answered on Aug 26th, 2014 at 2:28 PM

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