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With lawsuit in limbo, Danny Masterson accusers still trying to serve David Miscavige

[Danny and Dave]

So here’s the situation: We’re now only ten days away from the all-important preliminary hearing in the criminal rape prosecution of Scientology celebrity Danny Masterson, and everything he and defense attorney Tom Mesereau have thrown at the case has failed to push that date back.

Danny is facing 45 years to life in prison if he’s convicted of raping the three women he’s accused of attacking in incidents between 2001 and 2003, and as we’ve explained in the past, because these women were Scientologists at the time and blame the church for preventing them to come forward sooner, the prelim is liable to be very bad for Scientology itself.

On the other hand, there’s a civil lawsuit these three women filed in 2019 against Masterson and the church, and it’s had a very different trajectory. The three alleged victims, one of their husbands, and another woman sued Masterson and Scientology not over the alleged rapes, but for the harassment campaign they say they’ve endured since the women came forward to the LAPD in 2016. But a December 30, 2020 ruling by Los Angeles Superior Court Judge Steven Kleifield denied the former Scientologists the right to trial, and forced them to take their grievances to Scientology’s internal “religious arbitration.” After petitioning an appeals court and being denied, the plaintiffs have now asked the state supreme court to review the case and overrule Kleifield. (The court just announced that it will delay ruling on the request for review until June 17.)

In the meantime, Masterson’s accusers are still trying to tie up loose ends regarding the other person they named as a defendant in the 2019 lawsuit, Scientology leader David Miscavige, who still hasn’t been formally served.

The last time we saw new paperwork on this, we learned that another attempt to serve Miscavige at the Hollywood Guaranty Building on Hollywood Boulevard had been tried in November by a private investigator named Carlos Fernandez.

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Since that time, Miscavige’s own attorney Jeffrey Riffer and Scientology’s publication Source magazine have both proclaimed that Miscavige is no longer a California resident, and has in fact moved to Scientology’s “spiritual mecca,” the Flag Land Base in Clearwater, Florida.

But now we learn in a new filing that the plaintiffs’ legal team, not yet aware of the Florida disclosure, sent out Fernandez another time in December, and this time they say they really nailed the “substitute service” thing.

Once again, Fernandez went to the Hollywood Guaranty Building and appeared at both of its entrances, on Hollywood Boulevard and Ivar Avenue, and this time, he reported that he not only got inside the door at Ivar Avenue, but he found a shelf marked “mail packs” to put the legal papers on, and took photos!

 

 

[Inside 1710 Ivar Ave, and the ‘Mail Packs’ shelf noted]

[The reaction]

 
Well, that’s fun. We give Fernandez props for keeping a cool head and delivering the papers at what is clearly listed as the place of business for the Religious Technology Center, the Scientology entity that lists Miscavige as its “Chairman of the Board.” (This is why Scientologists refer to him as “C.O.B.”)

Also, in these new papers, we finally get some explanation for what happened to the plaintiffs’ attempt to serve Miscavige by publication after his attorneys had fought so hard over previous service attempts.

Kleifield refused to hear the motion, saying that it was something the court clerk handles. But the court clerk said that they couldn’t grant such a motion since it was opposed by the other side.

And the clerk, Robert Ramirez, added something very telling: “The Clerk’s Office rarely, if ever, received oppositions to applications for publication.”

See, this is what Scientology litigation is all about. With an unlimited budget, Miscavige has his attorneys fight every little battle, oppose every step, no matter how simple or logical that step might be. In this case, they are opposing something the clerk admits no one ever opposes, and it prevents him from granting the right to serve Miscavige by publication, which should have been a mere formality more than a year ago.

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According to the court papers, Judge Kleifield will be asked to make a ruling on this latest service attempt on May 12, but we don’t see that date listed on the docket. Will it happen? Will Miscavige finally be added to a lawsuit that has already been derailed and is waiting for a longshot ruling by the state supreme court? Can the civil side of this equation be any more fouled up?

Well, at least on the criminal side of the equation the prelim is about to hit like a ton of bricks. We certainly are looking forward to that.

 
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Jon Atack’s latest

“From Hubbard’s ‘reactive mind’ and Freud’s ‘id,’ to the dybbuks, maras, and gedongs of world religions, we have been taught for centuries to fear and distrust our own inner nature. But should we? Jon and Sam take a different view.”

 

 
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Source Code

“The nitty-gritty of the West German raid on the dollar is to be found in a proposal to form a World Central Bank that ‘adjusts all the worlds currency.’ This is about the most cold-blooded effort at world domination I’ve ever seen. A country that surrenders its currency surrenders its sovereignty. It was Nazi banking expertise that saved the Third Reich and opened the door to WW II. What we DON’T need is Nazi control of all nations. Along with that goes psychiatric control, gas chambers, obliterated ‘impure’ minority groups. Heil Hitler. For the sake of German Scientologists of which there are now many, and the rest of the world, the new Nazi resurgence must end before it winds up in another blood bath.” — L. Ron Hubbard, May 8, 1971

 
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Avast, Ye Mateys

“FB: The FB including CS-G did a splendid fast job on the program to beef things up in event of a hostile UK ‘Enquiry’ finding release. Some Enquiry! Never called on us to testify on anything. Its secretary, Miss Lee, was a member of Smersh! Correction: Sir Joseph is the Minister of Social Services. He has it now. When the cabinet okays it maybe it will be out.” — The Commodore, May 8, 1971

 
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Overheard in the FreeZone

“LRH said that he had devised plans to survive a last effort by the SPs to end up taking over this planet. I don’t know if those plans were the underground bunkers like the one in Trementina or California that protect the technology for future generations. I would suppose those bunkers were to protect the tech against nuclear war. Now it seems that the danger of nuclear war was taken care of. So, if now the underground bunkers have to protect the tech materials from hordes of Democrats joining and supporting the ranks of BLM and Antifa, then I would say that that is an improvement on the situation of the planet. Nuclear war downgraded to BLM/Antifa/Dem hordes running around California intent on destroying every vestige of civilization.”

 
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Past is Prologue

1999: Kristi Wachter received revenge pickets. “At least two revenge picketers, Craig and Nick, graced the sidewalk in front of my apartment building today. I noticed them at 1:50 and they were gone when I went down at 2:15 to say hello and engage in the obligatory photo shoot. They had affixed two bigot fliers to the gate of my building. In addition, yesterday, someone tossed two bigot fliers through the gate, where they sat, face down, unnoticed. Craig, Mick, and Joanna stopped by today for another quick revenge picket. I noticed them at around 2 pm and they left at about 2:15. Joanna had a new hand-lettered sign without a stick. Joanna asked me again, ‘Don’t you have a job?’ even though we went over that last Thursday (I had explained that, as an independent contractor, I have a lot of control over when I work). Mick harped repeatedly on the psych history he’s certain I must have, asking whether I’d taken my medication today and inviting me to tell him how psychiatry had helped me. I repeated for the umpteenth time that I’m not interested in discussing my personal life.”

 
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Random Howdy

“I’d bet the farm that this isn’t the end of the battle for the mind of poor Suri. This was only round one. Things will get ugly, real ugly, further down the road.”

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

Criminal prosecutions:
Danny Masterson charged for raping three women: Preliminary hearing set for May 18.
Jay and Jeff Spina, Medicare fraud: Jay sentenced to 9 years in prison. Jeff’s sentencing to be scheduled.
Hanan and Rizza Islam and other family members, Medi-Cal fraud: Trial scheduled for May 20 in Los Angeles
David Gentile, GPB Capital, fraud: Next pretrial conference set for June 18.

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’s mystery sandwich: A ‘church’ where deception is a sacrament
[TWO years ago] New York Scientologist chiropractor pleads guilty in $80 million Medicare scam
[THREE years ago] Witness to Dianetics: For the first time, the letters of key Hubbard ally Donald H. Rogers
[FOUR years ago] DRONE FLYOVER: Scientology’s Int Base and its hilltop camouflaged ‘Eagle’s Nest’
[FIVE years ago] Giant certificates and other weirdness from Scientology in our weekly online review
[SIX years ago] A voice from inside the Church of Scientology: Yes, the ‘Survival Rundown’ drives you insane
[SEVEN years ago] OREGON SENATOR RON WYDEN ASKS IRS FOR SCIENTOLOGY REVIEW
[THIRTEEN years ago] Scientology Spokesman Gives Non-Answers on CNN

 
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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 2,295 days.
Katrina Reyes has not seen her mother Yelena in 2,799 days
Sylvia Wagner DeWall has not seen her brother Randy in 2,319 days.
Brian Sheen has not seen his grandson Leo in 1,339 days.
Geoff Levin has not seen his son Collin and daughter Savannah in 1,230 days.
Christie Collbran has not seen her mother Liz King in 4,537 days.
Clarissa Adams has not seen her parents Walter and Irmin Huber in 2,405 days.
Carol Nyburg has not seen her daughter Nancy in 3,179 days.
Doug Kramer has not seen his parents Linda and Norm in 1,509 days.
Jamie Sorrentini Lugli has not seen her father Irving in 3,983 days.
Quailynn McDaniel has not seen her brother Sean in 3,299 days.
Dylan Gill has not seen his father Russell in 11,865 days.
Melissa Paris has not seen her father Jean-Francois in 7,784 days.
Valeska Paris has not seen her brother Raphael in 3,952 days.
Mirriam Francis has not seen her brother Ben in 3,533 days.
Claudio and Renata Lugli have not seen their son Flavio in 3,794 days.
Sara Goldberg has not seen her daughter Ashley in 2,832 days.
Lori Hodgson has not seen her son Jeremy and daughter Jessica in 2,545 days.
Marie Bilheimer has not seen her mother June in 2,070 days.
Julian Wain has not seen his brother Joseph or mother Susan in 425 days.
Charley Updegrove has not seen his son Toby in 1,600 days.
Joe Reaiche has not seen his daughter Alanna Masterson in 6,151 days
Derek Bloch has not seen his father Darren in 3,300 days.
Cindy Plahuta has not seen her daughter Kara in 3,620 days.
Roger Weller has not seen his daughter Alyssa in 8,475 days.
Claire Headley has not seen her mother Gen in 3,594 days.
Ramana Dienes-Browning has not seen her mother Jancis in 1,950 days.
Mike Rinder has not seen his son Benjamin and daughter Taryn in 6,253 days.
Brian Sheen has not seen his daughter Spring in 2,359 days.
Skip Young has not seen his daughters Megan and Alexis in 2,761 days.
Mary Kahn has not seen her son Sammy in 2,633 days.
Lois Reisdorf has not seen her son Craig in 2,216 days.
Phil and Willie Jones have not seen their son Mike and daughter Emily in 2,711 days.
Mary Jane Barry has not seen her daughter Samantha in 2,965 days.
Kate Bornstein has not seen her daughter Jessica in 14,074 days.

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Posted by Tony Ortega on May 8, 2021 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, 1995-2020 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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