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PETITION DENIED: Danny Masterson accusers can’t skip Scientology arbitration, court says

[Justices Baker, Rubin, and Moor]

The California 2nd Appellate Division just delivered the stunning news that it is denying the petition filed by Danny Masterson’s accusers, which had asked the court to reverse a ruling by a lower court that forced their lawsuit into Scientology’s internal “religious arbitration.”

Even though this particular case seemed to present some intractable conflicts between Los Angeles Superior civil and criminal courts, the appeals court decided not to get involved in the case.

Instead, in a short ruling by Justices Lamar Baker and Carl Moor the court found that Masterson’s accusers can appeal, but only after they’ve gone through the arbitration and receive an “adverse arbitration award.” (Presiding Justice Laurence Rubin, the third member of the panel, indicated “I would issue an order to show cause returnable in this court.” But he was outnumbered.)

“The preferred procedure is to proceed by arbitration and attack confirmation on appeal,” the court quoted from case law, explaining that it was too early to intervene in the case.

The court completely side-stepped the troubling fact that these women argue that they can’t go through with Scientology’s arbitration when Masterson, a Scientology celebrity, has said he intends to take part in the proceedings, which would violate the criminal protective order that prevents him from being in the same room as these women, whom he’s accused of raping and faces 45 years to life in prison if convicted at trial. (And to be clear, today’s ruling only affects the civil harassment lawsuit and not Masterson’s criminal case.)

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It’s a stunning non-decision by the appeals court, which also lifted the stay it had put in place on the case less than two weeks ago.

Legal experts had told us that it is uncommon to have such petitions granted, but that it depended on presenting the appeals court with an extraordinary situation calling for intervention.

And we’re not sure how much more extraordinary it could be than three women who are former Scientologists being told by a Los Angeles civil court judge that they will have to take their claims of stalking, libel, and harassment to a Scientology star chamber, arbitrated by church members, and featuring the involvement of their own accused rapist.

Here’s a statement we received from Mike Rinder about today’s ruling:

Another tragedy of injustice for these victims.

I’ve written extensively on my blog about the terrible violation of the victims’ First Amendment rights these court decisions are creating by requiring victims of Scientology abuse to undergo further abuse in the Kangaroo Court of Scientology “religious arbitration” (there is no such thing in the “scripture” — it only appears in legal documents).

This decision, like those before it in this case, Val Haney’s and the Garcia’s symbolizes everything wrong with the civil justice system: those with the most money can hire the best lawyers to throw the most shit against the wall to see what sticks. Hundreds of cases have set precedents over the years, favoring the parties who seek protection behind the shield of the First Amendment (the churches, who have the money to hire the lawyers) and “arbitration agreements” (the large corporations who use them and can also afford the lawyers). Now courts seem unwilling to look beyond the easy answers: “we can’t engage in inquiry about religious scripture” (even though it is a fiction that there is any religious arbitration “scripture” in scientology) and “we favor arbitration to lessen the burden on the courts.”

The legal system has been turned on its head. Victims are not only unable to have their day in court, courts are being used as the vehicle to further more abuse on the victims.

Eventually, this insanity will cause enough outrage that change will come. But that is little comfort to those bearing the burden of the abuse today. I liken them to those who fought for civil rights in the sixties and suffered unthinkable abuse, but ultimately were seen as heroes for their courage and willingness to fight for what was right.

Chrissie Bixler and her co-plaintiffs are the Rosa Parks of this fight playing out today.

 
SOME OF OUR PAST REPORTING ON THE MASTERSON CASE

March 3, 2017: LAPD probing Scientology and Danny Masterson for multiple rapes, cover-up
March 8, 2017: Danny Masterson: Victim C gets support from a veteran actress

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March 11, 2017: Scientology made Danny Masterson’s Victim B search past lives to explain being raped
May 9, 2017: Masterson hires Michael Jackson criminal defense attorney Tom Mesereau in rape probe
Nov 2, 2017: Read the threatening letter Danny Masterson’s attorney Marty Singer sent a victim’s husband
Nov 26, 2017: EXCLUSIVE: Scientology interrogated Danny Masterson and accuser, didn’t notify LAPD
Feb 14, 2018: PROSECUTORS PREPARE CHARGES CARRYING LIFE SENTENCE FOR DANNY MASTERSON
Apr 27, 2018: Strange days for a woman accusing Danny Masterson of rape — and for her rocker husband
July 8, 2018: Masterson witness fears for safety as investigation drags on and on
Nov 30, 2018: LEAH REMINI: Los Angeles DA Jackie Lacey, do your job already
Aug 14, 2019: RAPE ACCUSERS SUE DANNY MASTERSON, CHURCH OF SCIENTOLOGY, AND ITS LEADER
Jan 22, 2020: Cedric Bixler-Zavala blames Scientology for poisoned dog he had to put down yesterday
Feb 3, 2020: Here’s Scientology actor Danny Masterson’s legal response to his rape accusers
Feb 10, 2020: Another dog poisoned: Bobette Riales says harassment worse since suing Scientology
Feb 26, 2020: SEVENTH victim comes forward to LAPD accusing Scientology actor Danny Masterson
Feb 29, 2020: Amended complaint filed against Danny Masterson with new stalking allegations
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March 14, 2020: Danny Masterson’s victims speak out in sworn documents in lawsuit against Scientology
May 4, 2020: Masterson: Drop me from Scientology lawsuit if the ‘Jane Does’ won’t name themselves
June 17, 2020: SCIENTOLOGY CELEB DANNY MASTERSON CHARGED ON MULTIPLE RAPE ALLEGATIONS
June 19, 2020: Records show that Danny Masterson is a woeful Scientologist — would he turn on the church?
June 23: 2020: The key thing about Danny Masterson’s ‘DJ Donkey Punch’ nick is why he stopped using it
Sept 30, 2020: Could Danny Masterson’s odd legal fight over his Hollywood house endanger his freedom?
Oct 11, 2020: Danny Masterson asks to halt civil lawsuit while criminal case is ongoing, as expected
Oct 12, 2020: Bijou Phillips on her husband Danny Masterson: A macho ‘Strong Island’ guy
Oct 16, 2020: Danny Masterson ‘accidentally’ outs Jane Doe accuser after judge told him not to
Nov 16, 2020: Judge in Danny Masterson lawsuit doubts Scientology ‘arbitration,’ sets hearing
Nov 19, 2020: Danny Masterson takes another expensive and futile swipe at his criminal charges
Dec 1, 2020: If the feds are sniffing around, they might look at Danny Masterson’s besties
Dec 4, 2020: WHOA! Scientology to Judge Kleifield: Wrecking human lives IS our ‘commerce’
Dec 18, 2020: Jane Doe #1’s own attorneys flubbed and ID’d her and her IP address in court documents
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Dec 24, 2020: Letter shows Scientology gave Jane Doe #1 permission to sue Danny Masterson in 2004
Dec 31, 2020: MASTERSON ACCUSERS DENIED RIGHT TO TRIAL, FORCED TO ‘RELIGIOUS ARBITRATION’
Jan 2, 2021: Worst part in the Scientology ‘arbitration’ ruling? Danny Masterson can participate.
Feb 11, 2021: Gretchen Carlson slams Danny Masterson and Scientology ‘arbitration’ to Congress
Feb 24, 2021: MASTERSON ACCUSERS PETITION APPELLATE COURT: Seeking to overturn ‘arbitration’ ruling

 
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Leah Remini podcast: Sarah Edmondson

Says Mike: “This week, Leah and I talk with Sarah Edmondson, featured in The Vow, author of Scarred and host (with her husband Anthony “Nippy” Ames) of a new podcast, A Little Bit Culty. We talked about the similarities between Nxivm and Scientology, the systems of control and even the language are remarkably similar, so much so that there is little doubt in my mind that Keith Raniere studied Hubbard.” Listen to the podcast here…

 
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Source Code

“I blew up a whole writing class one time. It’s a wonder they all didn’t leave school. Actually, they relegated it to sort of getting the professor to reprimand me. It was the short story class of Harvard — excuse me, ‘Hah-varrd.’ They made the mistake of having a series of lectures from successful writers. And each one of these gave them a short series of lectures. And all of these people were in a class called Creative Writing. And they were very nicely dressed children. And so my lectures were very well received, and so forth, right up to a point….Because what I told the class that caused them to completely blow up was, I said, ‘Well,’ I said, ‘when you’ve written a few hundred thousand words, why, then you’ve got a style. And it’s taken me about I think, about a hundred thousand words before I had any inkling of any kind of a style.’ And I suddenly noticed, I looked around, I had a class in front of me that was in a state of shock!…It had never occurred to those damned fools or that professor that writers write! And this had nothing whatsoever to do with their education. I know that’s an unbelievable experience. It left me in a state of shock. ‘Well, Hubbard’s an awful bad fellow.’ Never forgave me. I was probably used as a horrible example in that school for years.” — L. Ron Hubbard, March 9, 1965

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Avast, Ye Mateys

“AOUK is the highest GI since September 1969! The International GI is the highest since 5 May 1969! Yet several orgs GIs were missing on it due to telex delays! So the FB and production of FAO are showing up where it counts. This is the direct result of renewed Flag industriousness, the teams we are sending out and the on the ground hard work of willing staffs. All have a part in producing such wins, storesmen, engineers, the whole crew.” — The Commodore, March 9, 1971

 
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Overheard in the FreeZone

“There are suppressive people in our groups and we are reasonable with them. We allow them to third party good auditors, we allow them to pervert the tech. We allow too much and thus, like a cancer, it spreads, and it taints the very hard work we do to make things go right for us and for the rest of us. Consider that your average SP is dangerous enough. Now, you add Scientology into the mix and you have a much more powerful monster. We have monsters among us. I’m sorry if that’s too critical, too bitchy, too reactive for you to have. We have monsters posing as friends, 1.1ing us all the way until our eventual demise. Confronting evil is necessary. In my opinion it is one of, if not the most ethical thing(s) to do.”

 
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Past is Prologue

1996: Tilman Hausherr posted new prices for Scientology processing and courses, from the January 1996 issue of The Auditor. “Student Hat $680; Method 1 co-audit course $680; Hubbard Key To Life course $5,200; Hubbard Life Orientation course $2,100; Hubbard New Professional TRs course $600; Hubbard Professional Upper Indoc TRs course $1,800; Solo Auditor Course Part One $2,400; PTS/SP course $800; OEC, per volume (there are seven!) $3,120; Hubbard Elementary Data Series Evaluator’s course $2,560; Saint Hill Special Briefing course SHSBC, individual level (there are 16!) $1,200; SHSBC (all level paid for at one time) $14,400; Case Cracking 12 1/2 hour intensive $3,760; New Era Dianetics 12 1/2 hour intensive $3,760; Expanded Dianetics 12 1/2 hours intensive $5,600; Clear Certainty Rundown 5 hour intensive $1,880; Sunshine Rundown – free with CCRD; Power (Grade 5) & Power Plus (Grade VA) 25 hour intensive $10,000; OT preparations 12 1/2 intensive $3,760; OT Eligibility 12 1/2 intensive $3,760; The Expansion of Havingness Lectures $240”

 
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Random Howdy

“Hey, a free trip to America and free rice and beans probably sounds pretty good to a fairly large segment of the world’s population.”

 
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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 arraigned Jan 20. Next conf to set prelim, March 24.
Jay and Jeff Spina, Medicare fraud: Jay’s sentencing delayed to April 13.
Hanan and Rizza Islam and other family members, Medi-Cal fraud: Trial scheduled for May 20 in Los Angeles
David Gentile, GPB Capital, fraud: Charged in Brooklyn federal court on Feb 4. Arraigned on Feb 9. Pretrial conference set for Apr 29.

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 30, Judge Kleifield granted Scientology’s motions to compel arbitration. June 7: Status conference.
Matt and Kathy Feschbach tax debt: Eleventh Circuit ruled on Sept 9 that Feshbachs can’t discharge IRS debt in bankruptcy. Dec 17: Feshbachs sign court judgment obliging them to pay entire $3.674 million tax debt, plus interest from Nov 19.
Brian Statler Sr v. City of Inglewood: Second amended complaint filed, trial set for Nov 9, 2021.
Author Steve Cannane defamation trial: Trial concluded, Cannane victorious, awarded court costs. Case appealed on Dec 24.

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 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] Scientology attempts to clean up its balloon mess by clearing beach of syringes
[TWO years ago] William Burroughs at Scientology’s ‘Saint Hill Manor’ in 1968, before his discontent
[THREE years ago] Scientologists bombarded to attend Hubbard birthday events, and this is our favorite flier
[FOUR years ago] As Louis Theroux’s ‘My Scientology Movie’ hits U.S., troubling news of co-star Marty Rathbun
[FIVE years ago] Scientology ‘disconnection’ billboard to be a block from David Miscavige’s office & residence
[SIX years ago] Scientology documentary ‘Going Clear’ participants getting harassed, threatened
[SEVEN years ago] Video Vault: When Scientology basked in the success of giant cucumbers
[EIGHT years ago] Scientology Mythbusting with Jon Atack: Xenu the Galactic Overlord, Part 1!
[NINE years ago] Scientology: Told to Chill in Texas, and Another Embarrassing Admission in Israel

 
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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 2,235 days.
Katrina Reyes has not seen her mother Yelena in 2,739 days
Sylvia Wagner DeWall has not seen her brother Randy in 2,259 days.
Brian Sheen has not seen his grandson Leo in 1,279 days.
Geoff Levin has not seen his son Collin and daughter Savannah in 1,170 days.
Christie Collbran has not seen her mother Liz King in 4,477 days.
Clarissa Adams has not seen her parents Walter and Irmin Huber in 2,345 days.
Carol Nyburg has not seen her daughter Nancy in 3,119 days.
Jamie Sorrentini Lugli has not seen her father Irving in 3,923 days.
Quailynn McDaniel has not seen her brother Sean in 3,239 days.
Dylan Gill has not seen his father Russell in 11,805 days.
Melissa Paris has not seen her father Jean-Francois in 7,724 days.
Valeska Paris has not seen her brother Raphael in 3,892 days.
Mirriam Francis has not seen her brother Ben in 3,473 days.
Claudio and Renata Lugli have not seen their son Flavio in 3,734 days.
Sara Goldberg has not seen her daughter Ashley in 2,772 days.
Lori Hodgson has not seen her son Jeremy and daughter Jessica in 2,485 days.
Marie Bilheimer has not seen her mother June in 2,010 days.
Julian Wain has not seen his brother Joseph or mother Susan in 365 days.
Charley Updegrove has not seen his son Toby in 1,540 days.
Joe Reaiche has not seen his daughter Alanna Masterson in 6,091 days
Derek Bloch has not seen his father Darren in 3,240 days.
Cindy Plahuta has not seen her daughter Kara in 3,560 days.
Roger Weller has not seen his daughter Alyssa in 8,415 days.
Claire Headley has not seen her mother Gen in 3,534 days.
Ramana Dienes-Browning has not seen her mother Jancis in 1,890 days.
Mike Rinder has not seen his son Benjamin and daughter Taryn in 6,193 days.
Brian Sheen has not seen his daughter Spring in 2,299 days.
Skip Young has not seen his daughters Megan and Alexis in 2,701 days.
Mary Kahn has not seen her son Sammy in 2,573 days.
Lois Reisdorf has not seen her son Craig in 2,156 days.
Phil and Willie Jones have not seen their son Mike and daughter Emily in 2,651 days.
Mary Jane Barry has not seen her daughter Samantha in 2,905 days.
Kate Bornstein has not seen her daughter Jessica in 14,014 days.

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Posted by Tony Ortega on March 9, 2021 at 14:34

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, 1995-2020 Just starting out here? We’ve picked out the most important stories we’ve covered here at the Underground Bunker (2012-2020), 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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