The Diocese brought a demurrer — a formal objection to an opponent’s pleadings — to the St. James cross-complaint, arguing that the California Supreme Court’s February 2009 decision definitively awarded St. James property to the Diocese.
The Diocese also argued that a Diocesan-issued 1991 letter waiving the Diocese’s trust interest over the property on 32nd Street had already been addressed in favor of the Diocese by the California Supreme Court.
Attorneys for The Episcopal Church brought a similar motion, arguing that they prevailed on their complaint on similar grounds. Judge Colaw sided with arguments made by St. James’ attorneys.
St. James' Church filed a petition for writ of certiorari on June 24, 2009, with the Supreme Court of the United States asking the Court to overturn the California Supreme Court’s decision which awarded the property to the diocese.
Keep in mind this is not a "victory" for St. James'. It is the court attempting to be impartial. If the Supreme Court denies the writ, the property stays with the diocese.