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January 15, 2021
Orange County, CA
Sep 18, 2020
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Defendants’ demurrer to plaintiffs’ first amended complaint. Demurrer overruled. In the absence of an objection, the defendants’ request for judicial notice is granted. MPs’ nearly exclusive reliance on Episcopal School is not persuasive, for several reasons. First, a TX appellate court decision is obviously not binding on a CA court. (Ammerman v. Callender (2016) 245 Cal.App.4th 1058, 1086 [out of state decisions not binding]; US Ecology, Inc. v. State of California (2005) 129 Cal.App.4th 887, 905 [same].) MPs do not cite any CA authority applying the ecclesiastical abstention doctrine to a religious school. Second, Episcopal School is distinguishable, both procedurally and factually. As noted above, there does not appear to be any procedural equivalent under CA law to the “plea to the jurisdiction” at issue in Episcopal School. Further, the Episcopal School court determined that defendant school was a faith-based institution after reviewing fa........
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