Korean Philadelphia Presbyterian Church v. California Presbytery

In Korean Philadelphia Presbyterian Church v. California Presbytery (2000) 77 Cal.App.4th 1069, a local church attempted to disaffiliate from the national church. The presbytery purported to fire the pastor who headed the disaffiliation effort. Citing section 208, the reviewing court held that the presbytery was a corporate outsider lacking standing to challenge the bid for control spearheaded by the faction aligned with the fired pastor. The presbytery was not a member of the local church or entitled to vote for its officers or directors. (Korean Philadelphia, supra, at pp. 1082-1083.) Section 208 does not contain the operative language of section 9141, subdivision (a), which grants standing to a "person authorized by the articles or bylaws to bring an action ... ." The local church bylaws in Korean Philadelphia did not confer on a superior denominational entity the power of consent to any corporate action, nor did the articles of incorporation reference the national church's constitution or promise to be subject to its terms for the purpose of corporate governance. (Id. at pp. 1074, 1088.)