Crime & Safety
Judge Rejects Church's Free Speech Defense Against Former Pastor
The judge ruled the former pastor of a Rolling Hills Estates church can proceed with his wrongful termination suit.
LOS ANGELES, CA — A judge has ruled a former pastor who alleges he blew the whistle on financial malfeasance at Rolling Hills Estates church can proceed with his wrongful termination suit, saying he was not convinced by the church's free-speech defense.
Los Angeles Superior Court Judge Tony L. Richardson ruled on Wednesday that plaintiff Daniel A. Burgoyne's lawsuit allegations against Rolling Hills Covenant Church are not barred by the framework of the state's anti-SLAPP statute, which is intended to prevent people from using courts, and potential threats of a lawsuit, to intimidate those who are exercising their First Amendment rights.
Along with wrongful termination, Burgoyne's causes of action include defamation.
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"Defendants fail to show plaintiff's termination was in connection with a public issue," the judge wrote.
According to the suit, Burgoyne spoke out about the church's board of elders allegedly seizing control of millions of dollars in assets and annual tithe/estate donations, "making themselves answerable to no one."
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Incensed, the RHCC hierarchy rallied against Burgoyne to avoid both scrutiny and the exposure of their involvement in activity that not only violated the law, but the duties of loyalty and fiduciary responsibility to the congregation, the suit further alleges.
Burgoyne was slandered and defamed as well as ostracized and defamed, according to the suit.
"And a black sheep he was made to be," according to the suit which further states that Burgoyne was terminated in September 2022.
In their court papers, church attorneys state that Burgoygne made false claims intended to damage the church and its congregation and that he ultimately resigned.
"Because defendants were sued only on account of their exercising their right to free speech and exercise their freedom of religion, and because plaintiff's claims against this religious organization and its current and former leaders are meritless, the court should grant this special motion to strike," the church lawyers argued in their court papers.
The same judge is mulling the church's separate motion to compel arbitration of Burgoyne's claims.
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