LOS ANGELES (CNS) – A judge has ruled a former pastor who alleges he blew the whistle on financial malfeasance at a Rolling Hills Estates church can proceed with his wrongful termination suit, finding that the plaintiff is not bound by his former employment agreement to arbitrate his claims.
Los Angeles Superior Court Judge Tony L. Richardson ruled Thursday that although plaintiff Daniel A. Burgoyne signed a document indicating his willingness to arbitrate any employment disputes, the Christian conciliation service chosen by the church to conduct such proceedings was qualified in mediation, but not arbitration.
“This leads the court to conclude, although the parties entered into an arbitration agreement, that agreement was not enforceable at inception because a condition for conducting the arbitration was incapable of being satisfied,” the judge wrote.
Richardson heard arguments on the arbitration motion on Nov. 19, then took the case under submission.
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.”
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 December, the judge denied a church motion to dismiss Burgoyne’s suit under 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.
“Defendants fail to show plaintiff’s termination was in connection with a public issue,” the judge wrote.
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.
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