Adamakis v. Doe

Filed 3/30/06 Adamakis v. Doe 3 CA2/2

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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 TWO

APPEAL from an order of the Superior Court of Los Angeles County. Kenneth R. Freeman, Judge. Affirmed in part; reversed in part.

Law Offices of Freberg & Associates, Katherine K. Freberg, J. Owen Campbell and Edward J. Ross for Plaintiff and Appellant.

White & Case, Dan Woods, Francisco Cabada, Anthony Dipietra; White & Case, Glenn M. Kurtz and Christopher J. Glancy for Defendants and Respondents.

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Appellant Ernest Adamakis appeals from an order of the trial court granting the motion to quash summons of respondents the Greek Orthodox Archdiocese of America (the Archdiocese), the Greek Orthodox Metropolis of Denver (the Denver Metropolis), and the Greek Orthodox Metropolis of Toronto (the Toronto Metropolis) (collectively, respondents).[1] Appellant's appeal focuses on whether California has jurisdiction over the Archdiocese. We affirm in part and reverse in part.

FACTS AND PROCEDURAL HISTORY

On December 4, 2003, appellant filed a complaint against respondents, the San Francisco Metropolis, and the St. Nicholas Greek Orthodox Church, located in Northridge, California (St. Nicholas). The complaint alleged 18 causes of action for, among other things, sexual abuse, negligence, negligent supervision, violation of Penal Code section 273a, subdivisions (a) and (b), fraud and deceit, conspiracy to commit childhood sexual abuse, and negligent misrepresentation.[2] The complaint alleged that Father Stanley Adamakis (Father Stanley), a Greek Orthodox priest, sexually abused and molested appellant from 1976 to 1977. On May 18, 2004, respondents specially appeared and moved to quash service of the summons for lack of personal jurisdiction.

The parties stipulated to continue the hearing on the motion to quash in order to allow appellant time to engage in discovery regarding jurisdiction. In connection with the motion to quash, the parties submitted declarations, copies of documents, and excerpts from deposition testimony.

The record shows that in July 1977, Father Stanley participated with Father Nicholas Liberis at the Greek Orthodox wedding of appellant's cousin in Pasadena, California. The ceremony was held at St. Anthony's Greek Orthodox Church (St. Anthony's). Father Stanley was assigned by the Archdiocese to St. Nicholas Greek Orthodox Church in Newburgh, New York, from December 1, 1976 to August 1978.[3] The complaint alleged that Father Stanley, who was appellant's uncle, molested appellant from 1976 to 1977, when appellant was a young boy.

Facts relating to general jurisdiction

The Holy Apostolic and Ecumenical Patriarchate of Constantinople (the Patriarchate) is the highest authority of the Greek Orthodox Church. In 1977, the Patriarchate granted a charter proclaiming the establishment of nine dioceses (or metropolises) in the United States. Prior to the establishment of the dioceses, all Greek Orthodox parishes and priests in California were under the direct jurisdiction and oversight of the Archdiocese, which was incorporated in New York in 1921. All parishes and priests in California were part of the fourth archdiocesan district, which was a division of the Archdiocese and not a separate entity. Before 1977, auxiliary bishops maintained offices and had the authority to assign, remove, and appoint priests in the name of the Archbishop, but answered to the Archbishop. After 1977, the bishops controlled their own indivisible, unified diocese.

Currently, the Archdiocese: owns the building in San Francisco which houses the offices of the San Francisco Metropolis; pays the salaries of, and provides insurance and other benefits to the employees and the Metropolitan (the hierarch who appoints and oversees the priests within his jurisdiction) of the San Francisco Metropolis; and is the primary source of funding for the San Francisco Metropolis. It oversees and coordinates the work which is planned and carried out in each of the now eight dioceses.[4] The Archdiocese maintains employment information on all priests. The bishop of each diocese or the Archdiocese may appoint priests for the parishes. When a Greek Orthodox church is sold, all assets revert to the benefit of the Archdiocese.

The Archdiocese is a New York corporation with its principal place of business in New York, where it has appointed an agent for service of process. The Archdiocese, the San Francisco Metropolis, and St. Nicholas are incorporated separately. The Archdiocese: is not authorized to conduct business in California; does not conduct business in California; has not filed a fictitious business name statement in California; does not maintain any books or records in California; has no bank accounts in California; is not listed in any California telephone book; does not advertise in California; does not conduct any sales or marketing in California; does not have the authority to hire or fire the San Francisco Metropolis's employees; does not have the authority to control the San Francisco Metropolis's employees' day-to-day activities; does not appoint or remove the Metropolitan; and is not responsible for the utilities and maintenance of the property which the San Francisco Metropolis uses.

The San Francisco Metropolis: has the authority to hire, fire, and control its employees' day-to-day activities; is responsible for preparing its own budget and paying its own bills; is responsible for all utilities and maintenance of the property in San Francisco; supervises the pastoral and canonical activities of parishes and monasteries within its jurisdiction; coordinates and administers various ministries, youth programs, youth camps, religious education seminars, scholarships and foundations; raises funds to support its activities; sets the initial salaries of parish priests within its jurisdiction; and is responsible for the appointment, removal, and discipline of priests within its jurisdiction.

Facts relating to specific jurisdiction

Father Stanley was not assigned to St. Nicholas in Northridge, California, or to any other Greek Orthodox church located in California from 1976 to 1977. He was never directed to California by the Archdiocese, or employed by St. Nicholas. St. Anthony's has no record of Father Stanley officiating at a wedding between 1971 and 1978. Rather, St. Anthony's records show Father Liberis was the officiating priest at appellant's cousin's wedding in July 1977. The current parish priest of St. Anthony's declared that in 1977, officiating priests were required to wear full Greek Orthodox white vestments. Photographs of the subject wedding show Father Stanley wearing a black cassock.

A bishop prepared an undated summary for the Archdiocese, recording Father Stanley's sexual behavior toward young boys.[5] Priests investigating one incident concluded that Father Stanley was â€