Vieyra v. United University Church CA2/8
Plaintiff Gustavo Vieyra is a member of defendant United University Church (Church). He sued the Church, seeking to enjoin it from selling its property located on West 34th Street in Los Angeles to real party in interest, University of Southern California (USC). Plaintiff alleges the Church violated its bylaws requiring a quorum of its members to be present at the meeting approving the sale, and that the sale contravenes a restrictive covenant contained in the deed by which the Church acquired the property, requiring that the property be used only for religious purposes. On appeal, plaintiff challenges the trial court’s order sustaining USC’s and the Church’s demurrer to his claims regarding the restrictive covenant. The trial court found that plaintiff lacked standing to assert those claims because he held no ownership interest in the property. He contends the complaint could be amended to state a derivative action on behalf of the Church.
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