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Feuding Lodi Mosque members mull election of new board

For years, two warring factions in the Lodi Muslim community have been vying for control of the area's only mosque.

The fever pitch between the two groups rose to a boil Thursday afternoon outside a Stockton courtroom as, inside, two attorneys and a judge discussed the details of a lawsuit filed by one party just two days earlier.

After less than one hour of discussion, the judge decided on a three-week continuance of the matter, to be heard Aug. 12.

Until that time, both parties will contemplate the possibility of holding an open election for all seven board member positions, and business at the mosque will remain unchanged.

"We want to make peace," Shoaib said in the hallway outside the courtroom. "This (feud) is a shame to our community."

In the suit, Chavez-Ochoa claimed his clients had been harassed and received financial threats from the defendants. He asked for a restraining order to bar such activities and to prohibit them from destroying evidence that would prove his clients' entitlement to the board.

No restraining orders or injunctions against Shoaib or any other defendant were issued Thursday by Judge Elizabeth Humphreys.

The lawsuit also claimed that Shoaib has made business decisions on behalf of the Muslim Mosque, despite having tendered his resignation in 2003.

"We let this go on for so long -- we thought maybe it will go away" said Taj Khan, a member of the Muslim community who appeared with and spoke on behalf of the plaintiffs. "It didn't go away."

Shoaib denied claims that a letter of resignation he had written and submitted to board members was more of a statement of his dissatisfaction with some practices that had gone on during his presidency.

The mosque president said that after he shared the letter with the board, they talked the matter out and agreed that he should not resign.

Before their next appearance in court, both parties will file written communications with one another stating their cases and discussing any possible resolution.

Chavez-Ochoa and Khan said after Thursday's hearing they favor appointing an impartial committee to temporarily oversee basic mosque matters while members elect new leaders.

"We need to set the groundwork first," Khan said.

Stockton attorney Joe Rishwain, representing Shoaib and the other defendants, said the group would not be opposed to an election, though Shoaib's term is set to expire on Nov. 30.

The two sides will file a series of written claims and responses with the court, to be read and considered by the judge. At the August hearing, the attorneys will make their final arguments and await a decision.

If both parties agree to an election, the judge would rule to accept or deny the petition. If an agreement were reached, the judge's decision would forego the need for injunctions or restraining orders, Chavez-Ochoa said.

"If we do it that way and it resolves the whole case, there's no more question of who's in control and who isn't."

The next court appearance is scheduled for 1:30 p.m. Aug. 12 at the San Joaquin County Superior Courthouse, 222 Weber Ave., Stockton.

Contact reporter Sara Cardine at sarac@lodinews.com.