## Facts

- Juanita Owen and Grace Sawyer were members of a nonprofit church corporation, the Rosicrucian Fellowship.
- The corporation’s bylaws and rules authorized the board of directors to suspend and expel members upon a written complaint, notice of charges, and a hearing, with actions taken by majority vote.
- On January 25, 1958, Owen and Sawyer made a written demand to inspect the corporation’s membership records (membership register/mailing list).
- On February 22, 1958, the board adopted a resolution denying them access to the membership register.
- The board first suspended, then expelled Owen and Sawyer under the corporation’s disciplinary procedures.
- Owen and Sawyer sought mandamus compelling (1) reinstatement as members and (2) inspection of the membership records.

## Issues

1. Whether a civil court may use mandamus to review and overturn a church corporation’s suspension and expulsion of members carried out under its bylaws and rules when no civil or property right is implicated beyond ecclesiastical membership.
2. Whether mandamus may compel inspection of a church corporation’s membership records where petitioners were suspended/expelled and where the demand was allegedly not reasonably related to their interests as members.

## Decision

- The Court of Appeal affirmed the judgment denying mandamus and discharging the alternative writ.
- The court declined to order reinstatement, holding civil courts will not interfere with internal church discipline decisions made pursuant to church governing rules where no cognizable civil or property right is at stake.
- The court upheld denial of access to the membership list because petitioners’ membership-based rights ended upon valid suspension/expulsion and, independently, the trial court could find the demand was not reasonably related to proper member interests.

## Legal Principles

- Civil courts generally will not review or overturn ecclesiastical disciplinary actions, including suspension or expulsion from a church, when the church acts through its authorized bodies under its governing rules and no independent civil or property right is involved.
- Mandamus is not available to control discretionary internal governance of a religious corporation concerning membership status when the dispute is essentially ecclesiastical.
- A member’s right to inspect corporate records depends on continuing membership status and may be conditioned on a showing that the inspection request is reasonably related to the requester’s interests as a member.
- Upon valid termination of membership under the organization’s rules, membership incidents—such as inspection rights tied to member status—cease.

## Conclusion

The court refused to use mandamus to reinstate expelled church members or compel disclosure of the church’s membership list, concluding that internal church discipline carried out under church rules is not subject to civil-court review absent a separate civil or property right, and that member-based inspection rights terminate with valid suspension and expulsion and require a proper, member-related purpose.


Owen v. Bd. of Dirs. of the Rosicrucian Fellowship, 173 Cal. App. 2d 112, 342 P.2d 424 (Cal. Ct. App. 1959)