Masterson accusers cite Marsy’s Law to head off ‘arbitration,’ and Scientology pounces

Last week we published a story that discussed how California’s version of “Marsy’s Law” might afford some protection to the women suing Danny Masterson who also happen to be his alleged victims in a criminal rape prosecution that has the That ’70s Show actor facing 45 years to life in prison.

In the article Texas attorney Ray Jeffrey, a veteran of Scientology litigation, specifically brought up the victims’ rights law and said that it seemed like a great argument for the women to make in order to keep them from being forced into Scientology’s “religious arbitration.”

“It seems like it would be a good argument to make in the civil hearing that by trying to push the thing into religious arbitration, Scientology is violating the protections they have from Marsy’s Law now,” Ray told us. “Trying to push them into religious arbitration is a form of intimidation. To get them behind closed doors? And perhaps with their rapist? I think they’re entitled to this protection.”

Well, it turns out that a few hours after we published that story on Thursday morning, attorneys for the women — Chrissie Bixler, Bobette Riales, and two women going by the names Jane Doe #1 and Jane Doe #2 — did just that and filed a “sur-reply” to Scientology’s arbitration motions, and cited Marsy’s Law as a reason why it was no time for victims in a rape prosecution to be facing the intimidation of Scientology’s internal justice procedures.

For these reasons, arbitration cannot be compelled against the Plaintiffs as to do so would violate their consitutional rights under California Constitution Article I, § 28, section (b), commonly known as Marsy’s Law. After the within lawsuit was filed, Defendant Masterson was charged with raping three of the four Plaintiffs. Those charges remain pending. Moreover, the Court has issued a protective order in the criminal case to prevent any contact by Defendant Masterson or his agents/third parties (RTC, CSI, and CCI) of the Plaintiffs in this case, which would be violated if the Court compels arbitration.

The women’s attorneys also re-filed a Mike Rinder declaration about the bogus nature of Scientology’s “religious arbitration” that he had originally filed in March, along with a number of exhibits that included some of L. Ron Hubbard’s greatest hits, like his “cancellation” of the Fair Game policy, and rules for “committees of evidence,” the Scientology equivalent of a court martial.

For years, Rinder has been testifying in litigation against the church that the contracts parishioners are asked to sign were specifically created to trap Scientologists and make it almost impossible to get refunds or to sue the church in a court of law.

Despite that testimony from Rinder and other former high-ranking officials, Scientology has had success with its motions to compel arbitration in two previous lawsuits, and it was plain that its attorneys were itching to get a shot at also derailing the Masterson-Scientology lawsuit as well. A hearing was scheduled Monday to consider the arbitration motions, but Los Angeles Superior Court Judge Steven Kleifield postponed it to November 6.

The sur-reply asking Judge Kleifield to take Marsy’s Law into consideration was filed just a few days before Monday’s hearing was to take place, and now the judge has a couple more weeks to consider it.

But Scientology is hopping mad that the document was filed at all, and called it an “improper” brief that had been “impermissibly filed,” or so said Scientology attorney William Forman in a new filing he put into the court record yesterday.

Plaintiffs’ “Sur-Reply” is unauthorized, unjustified, and should be disregarded. Plaintiffs never sought leave to file a sur-reply and have raised entirely new arguments, such as reliance on “Marsy’s Law,” that could have been made in Plaintiff’s Opposition but were not.

Seeing that point made by Forman, it reminded us of something else Ray Jeffrey told us in our conversation last week.

“The tactics that they love are tactics that are very law-intensive that do not require an inquiry into the facts. They don’t want to have hearings where you go into the facts. They want to argue the law. They vigorously pursue those avenues,” Ray told us.

In this case, Scientology doesn’t want to argue about what Danny Masterson did or didn’t do to these women, or whether it would be traumatizing for them to be subjected to Scientology’s intimidating court martial process adapted to “arbitration.” They don’t want to argue whether these women have protective rights, but whether the subject was brought up in time.

Once again, we await Judge Kleifield’s thoughts on the matter.

 
DOCUMENTS:

Sur-reply to Scientology’s arbitration motions
Mike Rinder declaration, plus exhibits

 
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Leah Remini podcast: Listener questions, part 2

Says Mike Rinder: “The topics this week include: Why is Scientology popular with dentists? What happened to Pat and Annie Broeker? Does David Miscavige know how loathed he is in the real world? And much more.”

Here’s the episode…

 
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In July the Australian Seven News network cancelled at the last minute a ten-part nightly news in-depth investigation of the Church of Scientology and its history of dirty tricks operations. All ten episodes were leaked to the Internet, and we (temporarily) posted embeds of the video segments and then collected all ten links in one place. Judge for yourself why Tom Cruise and Tommy Davis might not have wanted viewers to see this hard-hitting series by journalist Bryan Seymour.

 
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SCIENTOLOGY: FAIR GAME

After the success of their double-Emmy-winning, three-season A&E series ‘Scientology and the Aftermath,’ Leah Remini and Mike Rinder continue the conversation on their podcast, ‘Scientology: Fair Game.’ We’ve created a landing page where you can hear all of the episodes so far.

 
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Source Code

“Now, the MEST universe is all very well but it’s all illusion. Well, one doesn’t want an illusion, so he can’t have an illusion. And when he was very young, why, Christ was all right, he was very friendly, as a matter of fact, and so on. But that’s mostly — people, you know, they have to believe in that sort of thing. And they did once, but it requires nothing but faith and, of course, they can’t have any faith anymore and they did have hopes on that once in a while, but actually religion doesn’t lead anybody anyplace in the final analysis because you never get your wish anyway so, of course, one can’t survive on the basis of spirits and religion, and so forth.” — L. Ron Hubbard, October 27, 1951

 
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Overheard in the FreeZone

“One of our greatest tools has always been the truth so very soon we are going to be researching and collecting data on individuals in the Freezone. We are then going to do a video series on each and release them to the public so they can see all of the lies and out-tech for themselves. Let us see them lie and tell half-truths with their faces, addresses, and businesses blasted all over the internet for all to see exactly what they are up to. We can just let the truth be the truth and then get on with the job of actually doing the tech as we are now. Much like those who hold public office these individuals have violated the trust of those they swore to serve and made the mistake of thinking Esperianism could not thrive without them. I wonder how that is working for them lately?”

 
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Past is Prologue

1996: “A proposal to erect a picnic complex at a public park in honor of Scientology founder L. Ron Hubbard and post signs along a hiking trail listing his 21 ‘Way to Happiness’ precepts has many folks in the small town of Tilden, Nebraska worried and angry. A local citizens group is threatening to file a lawsuit, and there is a slate of city council candidates explicitly opposing the plan. Critics say that the signs and picnic pavilion clearly violate the First Amendment separation of church and state.”

 
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Random Howdy

“Maybe you mocked up another version of yourself in a blackout and forgot about it. Ask Marty, it probably has something to do with Quantum Buddhism(c).”

 
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Full Court Press: What we’re watching at the Underground Bunker

Criminal prosecutions:
— Danny Masterson charged for raping three women: Masterson’s demurrer denied Oct 19, arraignment delayed to November 2.
— Jay and Jeff Spina, Medicare fraud: Jay’s sentencing is set for October 29 in White Plains, NY.
— Hanan and Rizza Islam and other family members, Medi-Cal fraud: Next pretrial conference set for Jan 12 in Los Angeles

Civil litigation:
— Luis and Rocio Garcia v. Scientology: Oral arguments were heard on July 30 at the Eleventh Circuit
— Valerie Haney v. Scientology: Forced to ‘religious arbitration.’ Petition for a writ of mandate denied Oct 22 by Cal 2nd Appellate District.
— Chrissie Bixler et al. v. Scientology and Danny Masterson: Nov 6 (motions to compel arbitration)
— Matt and Kathy Feschbach tax debt: Eleventh Circuit ruled on Sept 9 that Feshbachs can’t discharge IRS debt in bankruptcy. Oct 19: Feshbachs still considering further appellate relief.
— Brian Statler Sr v. City of Inglewood: Second amended complaint filed, trial set for Nov 9, 2021.
— Author Steve Cannane defamation trial: Trial concluded, awaiting verdict.

Concluded litigation:
— Dennis Nobbe, Medicare fraud, PPP loan fraud: Charged July 29. Bond revoked Sep 14. Nobbe dead, Sep 14.
— Jane Doe v. Scientology (in Miami): Jane Doe dismissed the lawsuit on May 15 after the Clearwater Police dropped their criminal investigation of her allegations.

 
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Scientology’s celebrities, ‘Ideal Orgs,’ and more!

We’ve been building landing pages about David Miscavige’s favorite playthings, including celebrities and ‘Ideal Orgs,’ and we’re hoping you’ll join in and help us gather as much information as we can about them. Head on over and help us with links and photos and comments.

Scientology’s celebrities, from A to Z! Find your favorite Hubbardite celeb at this index page — or suggest someone to add to the list!

Scientology’s ‘Ideal Orgs,’ from one end of the planet to the other! Help us build up pages about each these worldwide locations!

Scientology’s sneaky front groups, spreading the good news about L. Ron Hubbard while pretending to benefit society!

Scientology Lit: Books reviewed or excerpted in our weekly series. How many have you read?

 
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THE WHOLE TRACK

[ONE year ago] A Scientology front group that duped celebrities for Narconon: It’s baaaack!
[TWO years ago] Russell Miller’s 1987 biography of Scientology’s founder is still astonishingly good
[THREE years ago] KID CORPS: Scientology wanted to turn children into little machines of Sea Org efficiency
[FOUR years ago] Surprised Tom Cruise called Scientology a ‘beautiful religion’? You shouldn’t be.
[FIVE years ago] THE LEAH REMINI FILES: AN EXCLUSIVE LOOK AT THE ‘KRs’ THAT INFORM HER MEMOIR
[SIX years ago] Gay Ribisi, our friend Mark Ebner has your Scientology plaques — want ’em back?
[SEVEN years ago] Sunday Funnies: Scientology Is In Your Capital, Working Your Jenna Elfman[EIGHT years ago] The Scientology-Nation of Islam Alliance: Sideshow or Armageddon?
[NINE years ago] Mark Ebner on Scientology and South Park: Rathbun is Definitely Leaking Authentic “Intel”
[ELEVEN years ago] In France Scientology is a Fraud – in the U.S., it’s a Tax-Exempt Paragon of Religious Freedom

 
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Posted by Tony Ortega on October 27, 2020 at 07:00

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