Wednesday, August 01, 2007

Legal Update for Hearing Held on July 30, 2007

A hearing was held before Judge Kevin Murphy of the Santa Clara County Superior Court on the Church's request for a preliminary injunction to prevent the former Bishop Soro from using, the proceeds of a loan greater than $700,000, secured by the Church's property at 650 Minnesota Avenue.

This lot consisted of the parking lot adjacent to Mar Yosip Parish in San Jose. It was originally deeded to the "Assyrian Church of the East, a California Corporation" and not to the "Diocese of Western California". The former bishop proceeded to correct the title on the deed then recorded this deed, The deed states, "Holy Apostolic Catholic Assyrian Church of the East, Diocese of Western California, who acquired title as Assyrian Church of the East, a California Corporation, a corporation organized under the laws of the State of California, hereby grants to Holy Apostolic Catholic Assyrian Church of the East-Diocese of Western
California, a California Corporation"

Judge Murphy declined to issue a preliminary injunction, stating that "the Church has an adequate legal remedy in damages". The judge had basically indicated that the Church had shown a high probability of success on its legal claims. Hence, he rejected the issuance of a preliminary injunction.

The judge's decision to deny an injunction, is a temporary decision, not binding at trial or with regard to the Church's motion for summary adjudication. Therefore, Assyrian Church of the East believes that the denial of an injunction was fallacious, and it will be presenting a petition to the Court of Appeal to review that decision. In the meantime, further investigation will be perfromed concerning such transaction by the former bishop.

The Church strongly believes that this is a compelling case and that "it will prevail on the merits of all of its claims, including its claims for damages, control of the Diocese of Western California and St. George Parish corporations, and possession of real and personal property".

[Courtesy of]

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