Date: 12-29-2000

Case Style: John P. Conley v. Roman Catholic Archbishop of San Francisco, et al.

Case Number: A087880

Judge: Hanlon

Court: California Court of Appeals, First District

Plaintiff's Attorney: John E. Hill, Law Offices of John E. hill, Oakland, California and Michael P. Guta, San Francisco, California

Defendant's Attorney: Paul E. Gaspari and Lawrence R. Jannuzzi , San Francisco, California

Description: The trial court sustained a demurrer to the complaint of the Reverend John P. Conley (appellant) without leave to amend. Appellant contends that the trial court erred in finding that the complaint presented an ecclesiastical dispute not within the jurisdiction of civil authority. We conclude that judicial review of appellant’s causes of action is permissible in light of the strong compelling state interests enunciated by the Child Abuse and Neglect Reporting Act (Pen. Code,1 § 11164 et seq.) and therefore reverse.

Factual Background

As this appeal arises after the sustaining of a demurrer, the general rule is that we “assume the truth of the facts alleged in the complaint and the reasonable inferences that may be drawn therefrom.” (Coleman v. Gulf Ins. Group (1986) 41 Cal.3d 782, 789, fn. 3.)

On November 6, 1997, appellant witnessed an incident of suspected child abuse involving Father James W. Aylward, the pastor of Saint Catherine of Siena Parish Church, and a minor child. He reported the incident to church and law enforcement officials. Aylward subsequently admitted wrestling with the minor child in contravention of respondent the Roman Catholic Archbishop of San Francisco’s rules prohibiting certain activities between the clergy and minors. As appellant alleges, respondent retaliated against him for reporting the incident by discrediting his report to law enforcement officials. Respondent relieved appellant of his duties and put him on administrative leave. Respondent falsely reported to other clergy and members of the archdiocese that appellant committed inappropriate conduct during church functions and demanded that appellant submit to a psychological evaluation. Finally, on April 5, 1998, respondent caused a letter to be published in the San Francisco Examiner in which respondent’s director of communications falsely accused appellant of engaging in a witch hunt against Aylward.

On December 18, 1988, appellant filed a complaint against respondent alleging intentional infliction of emotional distress and defamation. Appellant alleged that respondent’s actions caused him severe emotional distress and that its statements to other clergy and members of the archdiocese and published statements in the newspaper injured his reputation. Respondent demurred to the complaint contending that the court lacked subject matter jurisdiction and that its actions were constitutionally privileged. The trial court initially overruled the motion. Respondent, however, moved for reconsideration, relying on Schmoll v. Chapman University (1999) 70 Cal.App.4th 1434, a case decided the same day of the court’s order. The Schmoll court held that the establishment and free exercise clauses of the First Amendment barred judicial review of a minister’s claim of retaliation for reporting student complaints of sexual harassment. (Id. at p. 1436.) The trial court granted respondent’s motion in light of the Schmoll opinion and sustained the demurrer without leave to amend.

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Click the case caption above for the full text of the Court's opinion.

Outcome: Reversed with directions.

Plaintiff's Experts: Unknown

Defendant's Experts: Unknown

Comments: Reported by Kent Morlan