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VALERIE HANEY DENIED AGAIN: State supreme court won’t hear case

[Valerie Haney, right, and her attorney Marci Hamilton]

The California state supreme court has turned down Valerie Haney’s request to review a lower court’s ruling, and so she’s once again back where she started: She faces going through Scientology “religious arbitration” before she can appeal the order that denied her the right to a trial in her lawsuit against the church and its leader, David Miscavige.

We’ve previously described to you how our litigation expert has been pretty critical of how Valerie’s lawsuit has been handled, which just lost another legal longshot. Our expert told us the odds that the state supreme court would take up the case were exceedingly slim.

Scientology predictably trashed Valerie’s petition to the supreme court, agreeing with an appellate court that Valerie’s team simply waited too long before seeking a writ of mandate.

(Valerie will have the right to appeal the decision that is forcing her into Scientology’s own internal arbitration, but she’s been petitioning for the right to have that decision appealed now, before having to subject to herself to that arbitration experience.)

After Scientology’s sneering opposition, Valerie had the right to respond. We only just obtained that document, which was written by her legal team’s constitutional expert, Marci Hamilton.

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Again, for the new folks coming to the Bunker from watching Leah Remini’s series at Netflix, we’ll quickly review how Valerie got here after being the star of the premiere episode of Leah’s third season. As that episode showed, Valerie made a gutsy escape from Scientology’s Gold Base in the trunk of a car. She had served as Scientology leader David Miscavige’s personal steward and believed she would never be allowed to leave because of what she knew about his personal life. She filed suit against Miscavige and Scientology in June 2019, alleging kidnapping for the years she was kept on the base, and stalking and slander for how she was treated after she left.

In January, Scientology successfully convinced Los Angeles Superior Court Judge Richard Burdge that by signing an agreement after her escape, Valerie was obliged to take any grievances to Scientology’s own internal brand of religious arbitration. Judge Burdge’s ruling became official on February 18, and on March 3 Valerie’s attorneys filed a motion for reconsideration, asking the judge to overturn his own decision. He upheld his decision in an August ruling. In September, Valerie’s team then filed a petition for a writ of mandate to the California 2nd Appellate Division, asking for the right to appeal Judge Burdge’s decision without first having to go through the arbitration.

The appeals court curtly denied the petition, saying that it was untimely, and with little explanation. But our California litigator tells us it was simply a case of Valerie’s attorneys waiting too long to file. Valerie’s side asked the state supreme court to review the case, and in our last story we reported that Scientology was trashing her petition and Valerie in general.

In her response, Hamilton briefly argued that the deadlines were not blown, and that the petition was actually timely. Then she turned to what makes this case extraordinary: That a person who has left a church is being forced into what is essentially a religious ritual of her former faith, a clear violation of her religious First Amendment rights.

The Petition is based on evidence that was before the trial courts. Each fact is substantiated based on declarations and exhibits. The Respondent religious organization seeks to force Petitioner into a religious ritual it calls “arbitration” but which in fact is both cruel and unconstitutional, because Petitioner left Scientology.

Hamilton then went on to argue something that is also at issue in the Danny Masterson lawsuit: Is Scientology stretching the boundaries of these arbitration agreements beyond what any reasonable person would presume?

Although courts have allowed arbitrations involving mutually-assenting parties and neutral arbitrations by religious individuals, they do not require individuals to be forced into a one-sided review led by decision-makers whose religious tenets require that they “obliterate” a non-adherent who has spoken out against the religious institution. Hubbard Commc’ns Office Policy Letter from L. Ron Hubbard, Scientology Founder, regarding Battle Tactics (Feb. 16, 1969).

That’s an interesting citation. Here’s the relevant paragraph from the 1969 policy written by Hubbard:

But there are also wars of attrition. We are engaged in one where total destruction of us has been the enemy’s aim for, at this writing, 19 years. This is barbarian warfare, thus the enemy must have had very positive fears and terrors about us. Since he fought for total attrition. In this case it is not safe to hope for any half-way win. We must ourselves fight on the basis of total attrition of the enemy. So never get reasonable about him. Just go all the way in and obliterate him.

Besides that very strong citation, Hamilton went on to include several more strong arguments, including that Judge Burdge should not have simply disregarded evidence that Valerie was made to sign her agreement under duress, and with an armed guard present.

But the state supreme court was not moved. As our expert predicted, this was a long shot even with the strong arguments made by Marci Hamilton.

Valerie can appeal Judge Burdge’s ruling, but only after she goes through with Scientology’s kangaroo court it calls religious arbitration. She has told us that she doesn’t want to do that, saying it would be like crawling back to her abuser.

We’ll see if we can find out from her what she plans to do next.

 

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Source Code

“You should have things which are motion sources in there. The level of truth of that universe ought to be good. You would BE faith in that universe; or your mock-ups, as far as faith is concerned, you would probably rely on a mock-up a heck of a lot quicker than you’d ever rely on a piece of MEST. I mean that seriously. You’d just rely on the mock-up. That’s not bad; if you can create a Cadillac which can outrun Cadillacs, I think you’d depend upon your Cadillac. Get the idea? But if you were really up at the top of the mock-up curve, you’ve made a Cadillac, you would drive your Cadillac much in preference to a Cadillac. You get the idea? It sounds strange, it sounds peculiar, but if you were doing that, and you really set out to make a Cadillac, yours would be a better Cadillac, for you.” — L. Ron Hubbard, December 11, 1952

 
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Avast, Ye Mateys

“I’ve decided to release OT VII when SMERSH is vanquished and things are safe for Scientology over the world.” — The Commodore, December 11, 1968

 
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Overheard in the FreeZone

“‘There are reports of euphoria in the financial markets and elsewhere over the arrival of the vaccines.’ LOL! I was going to say that ‘things are as bad’ that now it seems plausible that the ‘fake’ LRH issue about OT 8 seems to be true. Namely that wogs and Scienos (below OT 8) are genetically manipulated so that they now are being controlled by telepathy from the Marcabians. But apparently things are far worse than that! LOL! LRH was Right! ‘Democracy’ for these R6 humanoids is worse than democracy on a cage of monkeys! The cage of monkeys won’t kill themselves with ‘democracy,’ but R6ers with ‘democracy’ will make sure nobody is left alive! Hurry up and do your Bridge!”

 
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Past is Prologue

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2002: The News-Press reported that a group of Scientologist joggers ran in Glendale, California to promote human rights. “An entourage of 13 joggers ran down Brand Boulevard with Glendale Police escorts Thursday to promote human rights during the Glendale leg of the L.A. Multathon. The event, Uniting Greater Los Angeles for Human Rights, was a celebration of the 54th anniversary of the Universal Declaration of Human Rights by the United Nations, Church of Scientology spokeswoman Angie De Rouchie said. Sponsors of the event are the Human Rights Department of the Church of Scientology International and the International Foundation for Human Rights and Tolerance, in cooperation with United Nations Assn. USA. The event will culminate with a parade and festival Saturday on L. Ron Hubbard Way in Los Angeles. Joggers came from France, Spain, Korea and the Czech Republic to participate.”

 
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Random Howdy

“Thing is he knows that if Lou called up a restaurant or a movie theater and said ‘Mr. Miscavige would like to visit your establishment, could you please close for the evening to accommodate this,’ they would respond ‘Who?’ His frail ego couldn’t handle this. That’s why the only time he goes out is when he’s with Cruise.”

 
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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 Jan 6.
Jay and Jeff Spina, Medicare fraud: Jay’s sentencing delayed for ‘Fatico’ hearing on Jan 19.
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 writ of mandate denied Oct 22 by Cal 2nd Appellate District. Petition for review by state supreme court denied Dec 11.
Chrissie Bixler et al. v. Scientology and Danny Masterson: Dec 18, re-hearing on motions to compel arbitration; Jan 29, Masterson’s request to stay discovery pending the criminal case
Matt and Kathy Feschbach tax debt: Eleventh Circuit ruled on Sept 9 that Feshbachs can’t discharge IRS debt in bankruptcy. Nov 18: Feshbachs indicated they will enter into consent judgment to pay the debt.
Brian Statler Sr v. City of Inglewood: Second amended complaint filed, trial set for Nov 9, 2021.

Concluded litigation:
Author Steve Cannane defamation trial: Trial concluded, Cannane victorious, awarded court costs.
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 BLACK OPS: Tom Cruise and dirty tricks

The Australian Seven News network cancelled a 10-part investigation of Scientology and its history of dirty tricks. Read the transcripts of the episodes and judge for yourself why Tom Cruise and Tommy Davis might not have wanted viewers to see this hard-hitting series by journalist Bryan Seymour.

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.

LEAH REMINI: SCIENTOLOGY AND THE AFTERMATH

An episode-by-episode guide to Leah Remini’s three-season, double-Emmy winning series that changed everything for Scientology watching. Originally aired from 2016 to 2019 on the A&E network, and now on Netflix.

SCIENTOLOGY’S CELEBRITIES, from A to Z

Find your favorite Hubbardite celeb at this index page — or suggest someone to add to the list!

 
Other links: Scientology’s Ideal Orgs, from one end of the planet to the other. 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 a weekly series. How many have you read?

 
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THE WHOLE TRACK

[ONE year ago] LEAH REMINI: ‘Jackie Lacey, you have forgotten what side you are on’
[TWO years ago] Tonight, Leah Remini examines her own role in the bizarre Scientology – Nation of Islam dance
[THREE years ago] DOX: An inside look at how Scientology gets what it wants at ‘Ideal Org’ events
[FOUR years ago] Scientology: Not very effective in Washington politics, but it tries, tries again
[FIVE years ago] Jon Atack: Scientology’s notion of ‘case gain,’ and how it reinforces the prison of belief
[SIX years ago] The questioner: Scientology brings in its legal ringer for a Florida showdown
[SEVEN years ago] TEXAS SKIRMISH: Mike Bennitt is on the scene as Monique Rathbun’s lawsuit is back in court
[EIGHT years ago] Tiziano Lugli Releases Non-Nazanin Boniadi Version of “Blown for Good” Rap
[NINE years ago] Scientology Sunday Funnies: Learn PR from the Sea Org!

 
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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 2,147 days.
Katrina Reyes has not seen her mother Yelena in 2,651 days
Sylvia Wagner DeWall has not seen her brother Randy in 2,171 days.
Brian Sheen has not seen his grandson Leo in 1,191 days.
Geoff Levin has not seen his son Collin and daughter Savannah in 1,082 days.
Christie Collbran has not seen her mother Liz King in 4,389 days.
Clarissa Adams has not seen her parents Walter and Irmin Huber in 2,257 days.
Carol Nyburg has not seen her daughter Nancy in 3,031 days.
Jamie Sorrentini Lugli has not seen her father Irving in 3,835 days.
Quailynn McDaniel has not seen her brother Sean in 3,151 days.
Dylan Gill has not seen his father Russell in 11,717 days.
Melissa Paris has not seen her father Jean-Francois in 7,636 days.
Valeska Paris has not seen her brother Raphael in 3,804 days.
Mirriam Francis has not seen her brother Ben in 3,385 days.
Claudio and Renata Lugli have not seen their son Flavio in 3,646 days.
Sara Goldberg has not seen her daughter Ashley in 2,684 days.
Lori Hodgson has not seen her son Jeremy and daughter Jessica in 2,397 days.
Marie Bilheimer has not seen her mother June in 1,922 days.
Julian Wain has not seen his brother Joseph or mother Susan in 277 days.
Charley Updegrove has not seen his son Toby in 1,452 days.
Joe Reaiche has not seen his daughter Alanna Masterson in 6,003 days
Derek Bloch has not seen his father Darren in 3,152 days.
Cindy Plahuta has not seen her daughter Kara in 3,472 days.
Roger Weller has not seen his daughter Alyssa in 8,327 days.
Claire Headley has not seen her mother Gen in 3,446 days.
Ramana Dienes-Browning has not seen her mother Jancis in 1,802 days.
Mike Rinder has not seen his son Benjamin and daughter Taryn in 6,105 days.
Brian Sheen has not seen his daughter Spring in 2,211 days.
Skip Young has not seen his daughters Megan and Alexis in 2,613 days.
Mary Kahn has not seen her son Sammy in 2,485 days.
Lois Reisdorf has not seen her son Craig in 2,068 days.
Phil and Willie Jones have not seen their son Mike and daughter Emily in 2,563 days.
Mary Jane Barry has not seen her daughter Samantha in 2,817 days.
Kate Bornstein has not seen her daughter Jessica in 13,926 days.

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Posted by Tony Ortega on December 11, 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, 15 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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