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Indeed, throughout Sacred Scripture one constantly reads of the need that man has for divine help in order to be freed from his sins and to come to union with God.
The prayers of the early Christian community and the writings of the Fathers of the Church express this same dependence on God's loving care. Clement of Rome 1 Cor. Irenaeus Adv. Cyprian De oratione dominica 14 , and Tertullian De anima 21 might be cited from this early period. Writers of the 4th century more explicitly teach that even the beginning of man's salutary action is from God. Thus St. Ambrose writes: "You see, indeed, that the power of the Lord works everywhere along with human efforts so that no one can build without the Lord, none can protect without the Lord, indeed no one can begin without the Lord" In Luc.
John Chrysostom In Gen.
Gregory of Nazianzus Orat. At the beginning of the 5th century Pelagianism denied the absolute necessity of supernatural grace for salvation. This heresy, so opposed to Catholic teaching about the nature of salvation and the role of Christ and His Sacraments, found a strenuous opponent in St. Many of his works are concerned with this problem. Perhaps his most famous dictum relative to the heresy is found in his commentary on the allegory of the vine and branches: "Lest someone think that the branch can bear some small fruit of itself … , He [Christ] does not say that without me you can do little, but 'without me you can do nothing.
A local council at Carthage in see H. Denzinger, Enchiridion symbolorum, ed.
This later version, known as Semi-Pelagianism, admitted the necessity of divine grace for acts meritorious of eternal life, but taught that the beginning of salvation i. A local council at Orange, France, in ibid. Augustine and St.
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Prosper of Aquitaine, condemned this milder version of Pelagianism. Although this council was only local, its acts were approved by Pope Boniface II ibid. The beginning of faith — indeed, every work pertaining to salvation — depends on divine grace. Without the aid of the Holy Spirit one cannot believe, will, or act as he ought.
The Fathers of the Church and ecclesiastical documents, echoing scriptural terms, speak of salutary acts as those in which one acts as he ought, sicut oportet, ut expedit cf. Rom 8. Late Medieval Developments. The scholastics of the 13th century clearly taught the necessity of grace for salutary acts, arguing theologically from the supernaturality of the object of these acts.
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In the 14th and 15th centuries, however, divergences from their teaching appear among Catholic thinkers. For Duns Scotus and his followers grace did not seem to be something supernatural essentially, but only modally, i. For Scotus and many theologians of the nominalist school, an act of natural love and of meritorious love seemed to be essentially the same, differing only in their acceptance by God. Some nominalist theologians carried this tendency to extrinsicism even further, asserting that by God's absolute power, natural acts — even sinful acts — could be salutary by reason of God's acceptance of them.
A tendency toward Semi-Pelagianism is evident in some theologians belonging to the nominalist school see nominalism. Reformers and Catholic Response. Early in the 16th century Martin Luther proposed his radically new doctrine. Although it included a strong reaction to the tendency of some nominalists toward Semi-Pelagianism, it carried to its ultimate term the nominalist tendency toward extrinsicism with regard to grace.
He taught the absolute corruption of man's nature by sin and justification as a merely extrinsic imputing of Christ's merits to man without any inward transformation of the one with grace. Second, Salutary's name and address did not appear on the first page of the contract. Third, the contracts failed to inform customers that they need not use specific words to cancel their contracts, but could cancel by using "words of similar effect.
The complaint also alleged that the formula provided in the contract to determine the amount to which a customer is entitled upon cancellation did not conform with the formula provided in the statute. This issue was not addressed in the statement of decision and Baxter makes no reference to it in any of her arguments on appeal. Baxter also sought prejudgment interest, attorney fees and costs. It is possible that other forms of relief were sought; however, the complaint that appears in the record is incomplete. Although Salutary asserted its contracts complied with the spirit if not the letter of the law, after the complaint was filed it modified its membership contracts to conform precisely with the health studio contracts law.
Nevertheless, the case went forward to a bench trial.
Topical Bible: Salutary
After trial, the court issued a statement of decision in which it found, among other things, that before Baxter's lawsuit was filed, Salutary had used membership agreements that did not comply with certain provisions of the health studio contracts law. The court further found that after the lawsuit was filed, Salutary had amended its contracts to comply with the relevant statutes.
The court went on to note that Baxter "has absolutely no personal knowledge of the defendant's business" and held that she had no standing to pursue her first and second causes of action. The court also concluded that the third cause of action for "notice to consumers" "is not a legally recognized ground for relief.
As to the remaining cause of action for violations of the UCL, the court found there were no damages to any members of Salutary's health clubs and no evidence that Salutary had ever attempted to enforce a contract provision that did not comply with the health studio contracts law. Lest its findings be misunderstood, the court went on: "The court further finds there has been absolutely no showing of any harm to anyone by virtue of the language in the nonconforming contract. Baxter then made a motion for attorney fees pursuant to section Baxter also included a request for her costs and expenses.
The trial court denied that request on the basis that costs are recoverable only by way of a memorandum of costs and not under section Baxter does not challenge that portion of the trial court's order. See, e. California Highway Patrol 61 Cal. Squaw Valley Ski Corp. Baxter urges this court to apply a de novo standard of review. In this case it makes no difference, because under any standard we conclude that the trial court correctly denied attorney fees here. As relevant to this case, section Maggard Cal. The parties focus their arguments on whether this litigation provided a "significant benefit.
She is mistaken. Maggard, supra, Cal. Nevertheless, the Legislature did not intend to authorize an award of fees under section California Highway Patrol, supra, 61 Cal. A Free Pregnancy Center Cal. This case is a textbook example of valueless litigation against a private party "under the guise of benefiting the public interest. The trial court in this case carefully documented its assessment of the gains achieved by the litigation.
The record on appeal does not contain any of the evidence considered by the trial court in reaching its conclusions, so that the only indication we have as to the impact of the litigation is the statement of decision. The trial court found that the contracts issued by Salutary failed to comply with the health studio contracts law in the following limited respects: by failing to state that the three-day cancellation period did not include Sundays and holidays; by requiring two medical verifications, rather than one, to establish a medical disability; by failing to place the address to which a cancellation should be sent near the signature line; and by failing to notify customers that the agreement could be rescinded using "words of a similar effect.
The court further finds that plaintiff has never even visited one of the defendant's clubs. Although Baxter asserts repeatedly that she has vindicated a significant right for the general public, the case affects at most only those members of the public who were or might become members of Salutary's facilities.
There is no evidence in the record indicating how many people received the clarifying notice required by the court's judgment. Moreover, it strains candor to characterize the scant relief afforded by this litigation as a "significant benefit," regardless of the number of members in Salutary's health clubs. The record reflects that not a single person was ever adversely affected, or threatened to be affected, by Salutary's lapses in drafting its agreements.
It is also significant that there is no evidence that Baxter notified Salutary of the deficiencies in its contracts, or demanded their correction, before filing this action. Since Salutary corrected those minor deficiencies shortly after the suit was filed, it appears the litigation and the consequent attorney fees were largely, if not entirely, unnecessary. In his declaration in support of the motion for attorney fees, Baxter's attorney, Abraham Camhy, stated that "Prior to filing a request for a preliminary injunction I contacted attorneys for defendant and requested assurances that it would discontinue using the non-complying documents with consumers.
My requests for assurances were denied.