JC, it's nice having you around for you always give me something to chew on. Many thanks again.
In action under RICO and state law, plaintiff
moved for writ of mandate prohibiting rabbinical congress and defendants from
making any efforts to have plaintiff withdraw action and submit it to
rabbinical court and from excommunicating plaintiff, his counsel and staff. The District Court, Sifton,
J., held that: (1) it was beyond the powers of court to stop excommunication so long as excommunication results of nothing more than plaintiff being excluded from his
religious community, and (2) allegations that plaintiff will suffer battery,
trespass or theft in the absence of religious prohibition against those acts
did not warrant injunction in absence of showing that such injury was imminent
or likely.
I think this bears repeating:
"(1) it was beyond the powers of court to stop excommunication so long as excommunication results of nothing more than plaintiff being excluded from his
religious community, and (2) allegations that plaintiff will suffer battery,
trespass or theft in the absence of religious prohibition against those acts
did not warrant injunction in absence of showing that such injury was imminent
or likely."
So If it can be proven that that something More than the plantiff just being excluded from being with his religious community caused him harm. And lets not forget he's asking for a court order to stop excumincation which is beyound the reaches of the court.