California Court of Appeal

Judgment denying plaintiffs' petition for writ of mandate seeking to compel defendant Secretary to file articles of incorporation is affirmed, where: 1) the Secretary has a ministerial duty to file submitted articles of incorporation if they conform to law; 2) the Secretary acted well within her ministerial authority in refusing to file the articles of incorporation for "Pastor of Santee Catholic Mission, a corporation sole," because the dissolution provision contained therein does not conform to and is in direct conflict with Corporations Code section 10015 in that it fails to direct that any remaining assets be distributed to the Santee Catholic Mission Parish, “the religious organization governed by the corporation sole; and 3) to the extent plaintiffs challenge other modifications requested by the Secretary, plaintiffs have failed to show that any of those changes resulted in a miscarriage of justice or that plaintiffs were prejudiced thereby.

Appellate Information

• Decided 09/05/2013
• Published 09/05/2013

Judges

• BLEASE

Court

• California Court of Appeal

Counsel