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Walker v. Ala Nest11/6/2003
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
Appellant Cynthia Walker (Walker) appeals from a judgment in favor of respondents Ala Nest, Inc. (the Nest), Linda Graham, Brett Garcia, Dale Olsen, Lenine Crocker, Olaf Crocker, Terri Skupen, and Fritzi Milliron (collectively, respondents). Walker brought this lawsuit to compel respondents to reinstate her membership in the social club, the Nest, and for damages stemming from the termination of her membership. Substantial evidence supports the trial court's judgment in favor of respondents and against Walker. Accordingly, we affirm.
FACTUAL AND PROCEDURAL BACKGROUND
The Nest
The Nest is a nonprofit corporation organized as a club. It holds meetings of Alcoholics Anonymous (AA), as well as provides a venue for social functions, a coffee bar, and a general meeting location for Nest members. At no cost, the public is permitted to attend AA meetings at the Nest. Additionally, persons may become members of the Nest if they pay nominal monthly membership dues of $8.25 and are sober for 30 days.
When the Nest was established, a set of bylaws was adopted. Section 6, Article C, of the bylaws provides: "No membership shall be terminated by the [Nest] for any cause, except that voting and access to the facilities of the [Nest] may be suspended for a term not to exceed thirty (30) days for gross or continued infraction of Corporation Rules and Regulations subject to the following: [ ] 1. That such Rule or Regulation shall have been communicated to the Membership-at-large by the same Notice previously described in this section [posting in a prominent place for 30 days prior to suspension]. [ ] 2. That the suspension shall have been consented to by no less than four (4) Members of the Board of Directors sitting in regular or special session convened under the provisions of these By-Laws. [ ] 3. That all parties reasonably directly involved shall have been heard or personally invited to be heard at such Session or a regularly called Session prior thereto. [ ] 4. That no suspension of Club Membership shall include exclusion from meetings of Alcoholics Anonymous and reasonable access thereto, other than a determination by the Group Conscience of the individual meeting on a day to day basis."
After the bylaws were adopted, they were amended by Addendum 2-A. The addendum provides: "Therefore, be it resolved that this 14th day of April 1991, that Article C [termination of membership] of the bi-laws be and hereby are amended to mpower the ALA-NEST board of directors/it s governing agents/ and or represent tives upon vote by quorum so constituted and present to take whatever action it deems necessary, advisable or prudent to terminate membership or right to be on premises of any member or non-member who in it s sound discretion and judgment, so disrupts, menaces, threatens, disturbs, injures and or damages the peace, serenity, dignity and quiet enjoyment of any of the remaining membership, including the premises, it s contents appurtenant structures there in and there out."
Walker Attends AA Meetings and Joins the Nest
Walker, a recovering alcoholic, began attending AA meetings at the Nest in March 1999. At that time, she also became a member of the Nest, even though she was not sober until two months later, on May 25, 1999. She remained a member, consistently paying her monthly
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