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Yeghiayan Law Firm, PC
535 N. Brand Blvd. Ste. 270
Glendale, CA 91203
Telephone: 818.242.7400
www.yeghiayanlaw.com
Schwarcz, Rimberg, Boyd & Rader LLP
6310 San Vicente Blvd., Suite 360
Los Angeles, CA 90048
Telephone: 323.302.9488
www.srbr-law.com
The Western Prelacy Scores Early Victory against the Getty Museum in
Lawsuit involving Armenian Genocide-Era Looted Art
On November 3, 2011, the Superior Court in Los Angeles handed
Plaintiff, the Western Prelacy of the Armenian Apostolic Church of
America, as the U.S. representative and assignee of the Catholicosate
of the Great House of Cilicia, an early and well-fought victory in an
action seeking the return of the culturally significant and symbolic
Canon Tables of the Zeyt'un Gospels, which were commissioned by
Catholicos Constantine I and created by the finest Armenian medieval
illuminator T'oros Roslin in 1256. Nearly a year and a half after
the complaint was filed, the court denied in its entirety the Getty
Museum defendants' demurrer, which sought to dismiss the action.
The lawsuit, originally filed by the Western Prelacy in June 2010,
BC 438824, named as defendants the J. Paul Getty Museum and the J.
Paul Getty Trust. The complaint accuses defendants of purchasing art
which was stolen from the rightful owner, the Catholicosate of
Cilicia, during the gravest days of the Armenian Genocide, 1915-1923.
The Canon Tables were purchased by the Getty in 1994.
The Zeyt'un Gospels is said to have supernatural powers of
protection. On the eve of the Genocide, it was paraded through the
streets of Zeyt'un in an attempt to create a spiritual firewall
around the city to protect its citizens from harm. Unbeknownst to the
Catholicosate of Cilicia, during the tragedy of the Genocide, the most
beautiful pages from the Gospels were surgically cut away from the
manuscript and ended up in the United States. The Zeyt'un Gospels
minus the Canon Tables are currently located at the Matenadaran, the
Museum of Ancient Manuscripts in Yerevan, Armenia. The Western
Prelacy wants the Canon Tables returned and reunited with the rest of
the manuscript.
In addition to asserting that the Western Prelacy's claims were
time-barred under California law, the Getty defendants also asked the
court to strike down as unconstitutional a recent amendment to the
California Code of Civil Procedure, Section 338(c)(3), which provides
that a claim against a museum, gallery, auctioneer or dealer for the
recovery of looted art must be brought within six years of the
plaintiff's actual discovery of: (1) the identity of the work of
fine art; (2) the whereabouts of the art; and (3) information showing
claimant has a claim for a possessory interest in the art. All actions
under Section 338(c)(3) must be brought before December 31, 2017. The
judge, Honorable Abraham Khan, rejected defendants' assertions that
early dismissal was appropriate based upon statutes of limitations and
declined to entertain defendants' constitutional arguments based
upon due process and violations of the first amendment.
This is what is hoped to be the first of many victories for the
Western Prelacy and for Armenians in a long overdue movement to
repatriate Genocide-era looted property to its rightful owners.
535 N. Brand Blvd. Ste. 270
Glendale, CA 91203
Telephone: 818.242.7400
www.yeghiayanlaw.com
Schwarcz, Rimberg, Boyd & Rader LLP
6310 San Vicente Blvd., Suite 360
Los Angeles, CA 90048
Telephone: 323.302.9488
www.srbr-law.com
The Western Prelacy Scores Early Victory against the Getty Museum in
Lawsuit involving Armenian Genocide-Era Looted Art
On November 3, 2011, the Superior Court in Los Angeles handed
Plaintiff, the Western Prelacy of the Armenian Apostolic Church of
America, as the U.S. representative and assignee of the Catholicosate
of the Great House of Cilicia, an early and well-fought victory in an
action seeking the return of the culturally significant and symbolic
Canon Tables of the Zeyt'un Gospels, which were commissioned by
Catholicos Constantine I and created by the finest Armenian medieval
illuminator T'oros Roslin in 1256. Nearly a year and a half after
the complaint was filed, the court denied in its entirety the Getty
Museum defendants' demurrer, which sought to dismiss the action.
The lawsuit, originally filed by the Western Prelacy in June 2010,
BC 438824, named as defendants the J. Paul Getty Museum and the J.
Paul Getty Trust. The complaint accuses defendants of purchasing art
which was stolen from the rightful owner, the Catholicosate of
Cilicia, during the gravest days of the Armenian Genocide, 1915-1923.
The Canon Tables were purchased by the Getty in 1994.
The Zeyt'un Gospels is said to have supernatural powers of
protection. On the eve of the Genocide, it was paraded through the
streets of Zeyt'un in an attempt to create a spiritual firewall
around the city to protect its citizens from harm. Unbeknownst to the
Catholicosate of Cilicia, during the tragedy of the Genocide, the most
beautiful pages from the Gospels were surgically cut away from the
manuscript and ended up in the United States. The Zeyt'un Gospels
minus the Canon Tables are currently located at the Matenadaran, the
Museum of Ancient Manuscripts in Yerevan, Armenia. The Western
Prelacy wants the Canon Tables returned and reunited with the rest of
the manuscript.
In addition to asserting that the Western Prelacy's claims were
time-barred under California law, the Getty defendants also asked the
court to strike down as unconstitutional a recent amendment to the
California Code of Civil Procedure, Section 338(c)(3), which provides
that a claim against a museum, gallery, auctioneer or dealer for the
recovery of looted art must be brought within six years of the
plaintiff's actual discovery of: (1) the identity of the work of
fine art; (2) the whereabouts of the art; and (3) information showing
claimant has a claim for a possessory interest in the art. All actions
under Section 338(c)(3) must be brought before December 31, 2017. The
judge, Honorable Abraham Khan, rejected defendants' assertions that
early dismissal was appropriate based upon statutes of limitations and
declined to entertain defendants' constitutional arguments based
upon due process and violations of the first amendment.
This is what is hoped to be the first of many victories for the
Western Prelacy and for Armenians in a long overdue movement to
repatriate Genocide-era looted property to its rightful owners.