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Gieser v. Internat. Church of the Foursquare Gospel

Gieser v. Internat. Church of the Foursquare Gospel
03:25:2006

Gieser v. Internat. Church of the Foursquare Gospel




Filed 3/22/06 Gieser v. Internat. Church of the Foursquare Gospel CA2/7



NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS









California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.







IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA








SECOND APPELLATE DISTRICT








DIVISION SEVEN













ANTHONY GIESER,


Plaintiff and Appellant,


v.


INTERNATIONAL CHURCH OF THE FOURSQUARE GOSPEL,


Defendant and Respondent.



B181269


(Los Angeles County


Super. Ct. No. BC294481)



APPEAL from a judgment of the Superior Court of Los Angeles County. Robert L. Hess, Judge. Affirmed in part; reversed in part.


James P. Lindeman for Plaintiff and Appellant


Hosp, Gilbert, Bergsten & Phillips and Warren L. Gilbert for Defendant and Respondent.


_____________________________________________


Plaintiff Anthony Gieser appeals from the judgment following the trial court's order sustaining the demurrer of defendant International Church of the Foursquare Gospel without leave to amend. We affirm in part and reverse in part.


FACTS AND PROCEEDINGS BELOW


Gieser's second amended complaint for intentional infliction of emotional distress, battery and defamation alleges the following facts.


Prior to the events alleged in the complaint Gieser had been a volunteer assistant pastor at the Antelope Valley Foursquare Church, a branch of the International Church of the Foursquare Gospel (Church).[1] Gieser was appointed to this position by the predecessor of defendant John Mijares who is employed by the Church as an assistant pastor at the Antelope Valley church. Gieser's role included leading an â€





Description A decision regarding intentional infliction of emotional distress, battery and defamation.
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