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

[Danny Masterson and Scientology attorney William Forman]

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.

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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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Scientology’s objections to the sur-reply

 
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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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SCIENTOLOGY BLACK OPS: Tom Cruise and dirty tricks, the series axed by Seven News

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!

[The Big Three: Tom Cruise, John Travolta, and Kirstie Alley]

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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Scientology disconnection, a reminder

Bernie Headley (1952-2019) did not see his daughter Stephanie in his final 5,667 days.
Valerie Haney has not seen her mother Lynne in 2,102 days.
Katrina Reyes has not seen her mother Yelena in 2,606 days
Sylvia Wagner DeWall has not seen her brother Randy in 2,126 days.
Brian Sheen has not seen his grandson Leo in 1,146 days.
Geoff Levin has not seen his son Collin and daughter Savannah in 1,037 days.
Christie Collbran has not seen her mother Liz King in 4,344 days.
Clarissa Adams has not seen her parents Walter and Irmin Huber in 2,212 days.
Carol Nyburg has not seen her daughter Nancy in 2,986 days.
Jamie Sorrentini Lugli has not seen her father Irving in 3,790 days.
Quailynn McDaniel has not seen her brother Sean in 3,106 days.
Dylan Gill has not seen his father Russell in 11,672 days.
Melissa Paris has not seen her father Jean-Francois in 7,591 days.
Valeska Paris has not seen her brother Raphael in 3,759 days.
Mirriam Francis has not seen her brother Ben in 3,340 days.
Claudio and Renata Lugli have not seen their son Flavio in 3,601 days.
Sara Goldberg has not seen her daughter Ashley in 2,639 days.
Lori Hodgson has not seen her son Jeremy and daughter Jessica in 2,352 days.
Marie Bilheimer has not seen her mother June in 1,877 days.
Charley Updegrove has not seen his son Toby in 1,407 days.
Joe Reaiche has not seen his daughter Alanna Masterson in 5,967 days
Derek Bloch has not seen his father Darren in 3,107 days.
Cindy Plahuta has not seen her daughter Kara in 3,427 days.
Roger Weller has not seen his daughter Alyssa in 8,282 days.
Claire Headley has not seen her mother Gen in 3,401 days.
Ramana Dienes-Browning has not seen her mother Jancis in 1,757 days.
Mike Rinder has not seen his son Benjamin and daughter Taryn in 6,060 days.
Brian Sheen has not seen his daughter Spring in 2,166 days.
Skip Young has not seen his daughters Megan and Alexis in 2,568 days.
Mary Kahn has not seen her son Sammy in 2,440 days.
Lois Reisdorf has not seen her son Craig in 2,023 days.
Phil and Willie Jones have not seen their son Mike and daughter Emily in 2,518 days.
Mary Jane Barry has not seen her daughter Samantha in 2,772 days.
Kate Bornstein has not seen her daughter Jessica in 13,881 days.

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

E-mail tips to tonyo94 AT gmail DOT com or follow us on Twitter. We also post updates at our Facebook author page. After every new story we send out an alert to our e-mail list and our FB page.

Our new book with Paulette Cooper, Battlefield Scientology: Exposing L. Ron Hubbard’s dangerous ‘religion’ is now on sale at Amazon in paperback and Kindle formats. Our book about Paulette, The Unbreakable Miss Lovely: How the Church of Scientology tried to destroy Paulette Cooper, is on sale at Amazon in paperback, Kindle, and audiobook versions. We’ve posted photographs of Paulette and scenes from her life at a separate location. Reader Sookie put together a complete index. More information can also be found at the book’s dedicated page.

The Best of the Underground Bunker, 1995-2019 Just starting out here? We’ve picked out the most important stories we’ve covered here at the Underground Bunker (2012-2019), The Village Voice (2008-2012), New Times Los Angeles (1999-2002) and the Phoenix New Times (1995-1999)

Other links: BLOGGING DIANETICS: Reading Scientology’s founding text cover to cover | UP THE BRIDGE: Claire Headley and Bruce Hines train us as Scientologists | GETTING OUR ETHICS IN: Jefferson Hawkins explains Scientology’s system of justice | SCIENTOLOGY MYTHBUSTING: Historian Jon Atack discusses key Scientology concepts | Shelly Miscavige, 14 years gone | The Lisa McPherson story told in real time | The Cathriona White stories | The Leah Remini ‘Knowledge Reports’ | Hear audio of a Scientology excommunication | Scientology’s little day care of horrors | Whatever happened to Steve Fishman? | Felony charges for Scientology’s drug rehab scam | Why Scientology digs bomb-proof vaults in the desert | PZ Myers reads L. Ron Hubbard’s “A History of Man” | Scientology’s Master Spies | The mystery of the richest Scientologist and his wayward sons | Scientology’s shocking mistreatment of the mentally ill | The Underground Bunker’s Official Theme Song | The Underground Bunker FAQ

Watch our short videos that explain Scientology’s controversies in three minutes or less…

Check your whale level at our dedicated page for status updates, or join us at the Underground Bunker’s Facebook discussion group for more frivolity.

Our non-Scientology stories: Robert Burnham Jr., the man who inscribed the universe | Notorious alt-right inspiration Kevin MacDonald and his theories about Jewish DNA | The selling of the “Phoenix Lights” | Astronomer Harlow Shapley‘s FBI file | Sex, spies, and local TV news | Battling Babe-Hounds: Ross Jeffries v. R. Don Steele

 

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