Featured News
Brief Filed in Church Property Case. - 4/18/2008Payne & Fears LLP attorneys Eric C. Sohlgren and Daniel F. Lula have submitted the reply brief to the California Supreme Court on behalf of St. James Anglican Church in its high profile church property case with the Episcopal Diocese of Los Angeles and the national Episcopal Church. The brief reinforces the strengths of the St. James case while responding to legal arguments made by the Episcopalians in their briefs. The case is being watched closely throughout the nation.
The reply brief is one of many steps that will culminate with the California Supreme Court deciding three important issues affecting every church in California, regardless of denomination:
Issue #1: Should California courts use the "neutral principles of law" method in resolving church property disputes, or simply defer to the decisions of the church hierarchy?
Issue #2: Does California Corporations Code section 9142(c) permit a religious denomination, which does not hold title to property, to create a trust in its favor over property owned by a separate religious corporation, without the latter's knowledge or express agreement? If so, does Corporations Code section 9142(c) violate the establishment and equal protection clauses of the United States and California Constitutions by permitting religious organizations, and only religious organizations, to create trusts over property they do not own without the express consent of the owner?
Issue #3: When a local church corporation speaks out about the actions of a religious denomination by voting to disaffiliate from it, and the denomination then challenges the validity of the disaffiliation and claims ownership of the corporation's property, are these claims subject to early scrutiny as a Strategic Lawsuit Against Public Participation ("SLAPP")?
The California Supreme Court has granted review of three similar church property cases involving All Saints' Anglican Church, Long Beach, St. David's, North Hollywood, and First Baptist Church, Los Lomas. Those cases are on hold pending the outcome of the St. James case. Four other cases now pending in the California Court of Appeal -involving former Russian Orthodox, Assemblies of God and Episcopal churches - will be directly affected by the St. James case. In addition to many of these appeals, Payne & Fears LLP is defending other church property actions in the trial courts on behalf of local church corporations and their officers and directors.
Click here to read the St. James reply brief.In January 2006, Payne & Fears LLP obtained complete dismissal of a discrimination suit brought against its client, a local hospital, in U.S. District Court for the Central District of California. The plaintiff, a surgeon formerly under contract with the hospital, claimed race, disability and sexual orientiation discrimination by the hospital and other entity and individual defendants. After the dismissal of his case in District Court, the plaintiff filed an appeal with the Ninth Circuit regarding his claims under 42 U.S.C. section 1981; California Civil Code sections 51 and 51.5; and the California Fair Employment and Housing Act. On appeal, Payne & Fears argued that (1) the plaintiff failed to allege sufficient facts to establish a "severe and pervasive" hostile work environment for purposes of Section 1981; (2) the plaintiff's claims for workplace discrimination were insufficient to state a claim under sections 51 and 51.5; and (3) the plaintiff's claims under the FEHA were barred by the statute of limitations. The Ninth Circuit agreed with Payne & Fears on all three issues and upheld the dismissal of plaintiff's lawsuit. James L. Payne and Laura Fleming handled the defense of this case.
Click here to see the published decision.
Payne & Fears LLP partner Eric Sohlgren was interviewed by Anne Colletta of AnglicanTV.org regarding the various church property cases that the firm has handled. Click here to replay the video interview.
Click to see the video clip.
Founding Partner James Payne Passes Leadership To Dan Rasmussen As Firm Continues To Build Upon its Remarkable Success
IRVINE, CA September 28, 2007 - Payne & Fears LLP, a leading law firm specializing in employment law and business litigation, announced today that Daniel L. Rasmussen has been elected Managing Partner. As Managing Partner, Rasmussen will build upon Payne & Fears' reputation as one of the leading employment and business litigation firms on the West Coast, while expanding its representation of insurance policyholders and religious institutions.
The firm's co-founder, James L. Payne, served as Managing Partner for over 15 years before choosing to transition the management responsibilities to allow more time for his significant law practice and further business development. "I am honored to have been able to create a solid foundation for one of the finest law firms in the Western states, and to pass the torch of leadership to someone as capable and hard working as Dan'" said Jim Payne. "Dan brings the perfect mix of experience and innovation to the position of Managing Partner, and we are confident that his talent and leadership skills will take our firm to the next level."
"Jim's commitment to best in class service and core values has led to enormous success and credibility for our firm over the last fifteen and a half years, and I am honored to assume the position of Managing Partner," said Rasmussen. "I am confident that we, with our talented team of professionals, will continue to build upon our track record of major client victories, top peer recognition and consistent growth."
Rasmussen has been a partner with Payne & Fears since 1994, and specializes in business litigation and appellate law. He has served as a member of the firm's management committee, and has been repeatedly honored in various legal and business publications.
Founded in 1992, by James L. Payne and Daniel F. Fears in Irvine, California, Payne & Fears has transformed from a two-lawyer labor law boutique into a four-office litigation enterprise, handling business, property, and insurance litigation as well. The firm's diverse clients include Fortune 100 corporations, emerging companies, non-profit organizations, churches, partnerships and individuals.
About Payne & Fears, LLP
Payne & Fears LLP provides the highest quality legal services for its clients in several practice areas including labor and employment counseling and litigation, business litigation, insurance coverage and business transactions. The firm's diverse clients include Fortune 100 corporations, emerging companies, non-profit organizations, churches, partnerships and individuals. Payne & Fears LLP is headquartered in Irvine, California with offices in Los Angeles, Las Vegas and San Francisco. For more information, visit www.paynefears.com.
Bios follow:
Daniel L. Rasmussen specializes in business litigation and appellate law, covering a range of fields including real property, product liability, contract law, commercial law, corporations, discrimination, fiduciary relations, unfair competition and business torts. Mr. Rasmussen received his Bachelor of Science Degree in finance, magna cum laude, in 1982 from Brigham Young University. He was awarded his juris doctor in 1985 from Boalt Hall School of Law, University of California, and Berkeley. Mr. Rasmussen is a member of the Business Litigation and Appellate Law Sections of the Orange County Bar Association. He is also a member of the Association of Business Trial Lawyers.
James L. Payne specializes in the representation of management in all aspects of employment law, including wrongful termination, employment discrimination, civil rights, wage and hour/compensation, trade secrets misappropriation and traditional labor law matters. Mr. Payne received his B.A. in 1975 from the University of California at Irvine and his juris doctor in 1982 from Loyola Marymount University of Los Angeles, where he was Articles Editor of the Loyola Law Review, a member of the Saint Thomas More Law Honor Society and a cum laude graduate (top 5%). Upon graduation, Mr. Payne served as a Law Clerk to the Honorable Thomas Tang, Judge, United States Court of Appeals for the Ninth Circuit. Mr. Payne is a member of the Labor and Employment Law Section of the American Bar Association, the Intellectual Property Section of the State Bar of California and the Labor Law Section of the Orange County Bar Association. Mr. Payne lectures extensively to business, civic and legal groups on subjects relating to labor, employment and trade secrets law. He also publishes articles regularly on those topics with various business and legal publications.
The San Francisco office of Payne & Fears LLP, which was opened just six months ago, has recently added two experienced management-side employment lawyers, Rich Falcone and Rod Sorensen. Both previously were partners at DLA Piper in Palo Alto, and before that both practiced at Littler Mendelson. They bring a combined 34 years of experience representing employers in all aspects of employment law and litigation.
The expansion continues a steady trend of client-driven growth for Payne & Fears LLP since its founding in 1992. The Irvine-based firm opened its Los Angeles office in 2003, its Las Vegas office in 2004 and the San Francisco office in 2006. Payne & Fears LLP has grown to 50 attorneys with diversified employment and business law experience.
"Adding talented lawyers such as Rich and Rod further solidifies our Northern California practice and adds an even greater depth of experience with which to assist our clients" said James Payne, managing partner, Payne & Fears LLP. "Rich and Rod will be outstanding assets to many of the firm's clients, who increasingly face a myriad of employment related issues."
Mr. Falcone received his B.A., cum laude, in 1974 from Tusculum College in Greeneville, Tennessee, and his juris doctor in 1980 from the University of Santa Clara University School of Law where he was an Editor of the Santa Clara University Law Review.
Mr. Sorensen earned his J.D. (Dean's List) from Santa Clara University School of Law. While at Santa Clara, Mr. Sorensen was an Editor of the Santa Clara University Law Review and a member of the Moot Court Board. Mr. Sorensen received his B.S. (cum laude) from California Polytechnic State University, San Luis Obispo.
Payne & Fears LLP has continued its West Coast expansion by opening a
The expansion continues a steady trend of client-driven growth for Payne & Fears LLP since its founding in 1992. The Irvine-based firm opened its
"With their experience and excellent reputation in the
Charles "Chuck" Louderback is a highly regarded trial lawyer who serves on the faculty of the National Institute of Trial Advocacy (NITA), and has been a guest lecturer at the Schools of Law at
Payne & Fears LLP provides a broad range of legal services including business litigation, insurance coverage, business transactions, and labor and employment counseling and litigation. The firm's diverse clients include Fortune 100 corporations, emerging companies, non-profit organizations, churches, partnerships and individuals. Payne & Fears LLP is headquartered in
Payne & Fears LLP recently obtained a major victory for St. James Anglican Church, Newport Beach, after the Orange County Superior Court entered judgment for our client against the national Episcopal Church, which had sued to confiscate the church and property that members of the local church had built over many decades. This victory followed P&F’s successful dismissal last August of a similar complaint brought by the Episcopal Diocese of Los Angeles against St. James Church.
The case has received international media attention since St. James Church changed its religious affiliation from Episcopalian to Anglican over one year ago. Up against several of the largest national law firms, attorneys Eric C. Sohlgren and Daniel F. Lula successfully argued that under California law, St. James Church, a separate corporation, did not lose title to its property merely because it exercised its freedom of religion and association. This latest victory ends all claims against St. James Church in the trial court.
[Press release and copies of the court’s orders in this case are available in the Publications/Articles section of this website.]
Payne & Fears LLP Insurance Law Department partners Scott Thomas, Kelby Van Patten, and Greg King will be speaking at a conference entitled "Insurance Coverage for Construction Defects in Nevada." The conference will take place on February 2, 2006 in Reno, Nevada, and on February 3, 2006 in Las Vegas, Nevada. The conference is sponsored by the Nevada State Bar Association and Payne & Fears LLP.
Payne & Fears LLP partner Kelby Van Patten is the chair of the program.
Payne & Fears LLP obtained a major victory for St. James Anglican Church, Newport Beach, California, after the Orange County Superior Court ruled on August 15, 2005, that the Episcopal Diocese of Los Angeles could not confiscate the property and church buildings that St. James members built over many decades. The case has received international media attention since St. James left the Episcopal Church one year ago. Up against some of the largest law firms in the country, Payne & Fears lawyers Eric C. Sohlgren and Daniel F. Lula argued that the Diocese's lawsuit, naming even volunteer church members as defendants, arose from protected speech about public issues, and that the plaintiffs could not prove they would prevail based on California law. The court agreed, striking the original complaint and an amended complaint under the California anti-SLAPP statute, which is aimed at protecting free speech rights against powerful interests that use litigation for improper purposes. [Press release and copies of the court's orders in this case are available in the publications/articles section of this website.]
Continuing a series of recent awards and recognition, many Payne & Fears LLP attorneys have been named "Super Lawyers" or "Rising Stars" by their peers in the legal community Seventeen Payne & Fears lawyers were named "2005 Super Lawyers" by Super Lawyers®, "The Ultimate Guide to The Best Attorneys in Southern California," published as a joint project of Law & Politics and Los Angeles Magazine. Those on the list were nominated and rated by bar members who were asked to vote for the best lawyers they had personally observed in action. The nominations were researched by Law & Politics, and finally reviewed and selected for the list by practice-area blue ribbon panels of top attorneys.
The Super Lawyer designation indicates that the lawyer is in the top 5% of lawyers practicing in Los Angeles and Orange Counties. The Payne & Fears LLP lawyers who were named Super Lawyers are: James L. Payne, Daniel F. Fears, Daniel M. Livingston, Daniel L. Rasmussen, Benjamin A. Nix, Eric C. Sohlgren, Jeffrey K. Brown, Scott S. Thomas, Karen O. Frankudakis, Thomas L. Vincent, J. Kelby Van Patten, C. Darryl Cordero, W. James Scott, Jr., Richard K. Zepfel, Julie J. Bisceglia, Sean A. O'Brien, Alan G. Ross and Gregory H. King.
The publication further honored seven of those lawyers as not just being in the top 5%, but being among the top 50 lawyers in Orange County: James L. Payne, Daniel F. Fears, Daniel M. Livingston, Daniel L. Rasmussen, Benjamin A. Nix, Eric C. Sohlgren and Jeffrey K. Brown.
In addition to these honors, Payne & Fears LLP also celebrates its nine "Rising Stars" as identified by Law & Politics magazine. A "Rising Star" is an up-and-coming attorney who is 40 or younger or has been in practice ten or fewer years. The results are based on responses to surveys sent to California lawyers who themselves had been selected as Super Lawyers. The final list includes less than 3 percent of the Southern California Bar, and will be featured in Los Angeles magazine. The Payne & Fears LLP lawyers who were named "Rising Stars" are: James R. Moss, Jr. John V. DeZee, Sean T. Nguyen, Yoko Yagi Lim, Thayne Larson, Daniel F. Lula, Erik M. Andersen, Lindley P. Fraley and Stacey O. Jue Congratulations to all of the honorees.
