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Scientology: Valerie Haney can’t rely on a court ruling that hasn’t been published!

 
Well, you could have seen this one coming from a mile away.

Scientology’s attorneys have submitted a panicky-sounding reply to Valerie Haney’s new court motion, in which she’s asking the court to take a new look at her case after a stunning result in another lawsuit, filed by Danny Masterson’s accusers, which struck down a favorable decision for Scientology and its brand of “religious arbitration.”

A California appeals court found in January that the Masterson accusers (Chrissie Carnell-Bixler, et al.) could not be forced into Scientology’s arbitration because the harassment they say Scientology and Masterson have put them through has occurred since they left the church.

Valerie, whose own lawsuit was derailed by a similar arbitration ruling, has asked Los Angeles Superior Court Judge Richard Burdge Jr to take a new look at his ruling in light of the appeals court decision in Bixler.

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Meanwhile, attorney Ford Greene and the Masterson accusers have asked California’s state supreme court to formally publish the Bixler decision, at the same time that Scientology has petitioned the court to grant review of it. We’re on tenterhooks waiting to see what the state supreme court decides to do about those two questions in Bixler.

For now, however, although that landmark decision has made a huge difference in the Bixler case, it doesn’t constitute new case law because it’s an unpublished ruling. And yet, Valerie wasn’t going to wait around: she submitted her motion for reconsideration and cited the Bixler decision, even though it hasn’t yet been formally published.

Naturally, Scientology has pounced on this issue in its opposition to her motion for reconsideration, and with its usual talent for overheated rhetoric.

The Order of which Plaintiff seeks reconsideration was entered over two years ago. In that time, Plaintiff sought to reverse the Order through a motion for reconsideration in this Court that was denied, a petition for writ of mandate to the Court of Appeal that was summarily denied, a petition for review to the California Supreme Court that was summarily denied, and a petition for certiorari to the United States Supreme Court that was summarily denied. Enough is enough. The Order is correct, and it warrants no further consideration….

A motion for renewal under Section 1008, subdivision (b) must demonstrate “new or different facts, circumstances, or law.” This ground – and therefore the Motion – fails at the outset. The Bixler Opinion is unpublished, and therefore, it is not “law” – new or otherwise. Unpublished opinions are not precedent….

The Bixler Opinion is not new law, and Plaintiff and the Court cannot rely on it. The Motion should be denied on this ground alone.

Scientology also argues something we predicted would be an issue in Valerie’s case: That not all of her allegations of harm refer to things that took place after she left the church.

In the Bixler decision, the appeals court made it very clear that they were granting a reversal because the allegations of stalking and harassment against the Masterson accusers had happened after they had left the church. This made all the difference, the court said.

But Valerie’s lawsuit is more complex, with allegations about the way she was treated in the Sea Org, alleging that she was “kidnapped” and unable to leave, as well as stalking and libel claims that occurred after she had left the church and went to work for Leah Remini. And sure enough, Scientology has pounced on this.

The best thing about it, though, is that Scientology’s attorneys had to explain, and rather well, why the Bixler case was different.

The Bixler Opinion’s holding is significantly more limited: “We hold that once petitioners had terminated their affiliation with the Church, they were not bound to its dispute resolution procedures to resolve the claims at issue here, which are based on alleged tortious conduct occurring after their separation from the Church and do not implicate resolution of ecclesiastical issues.

The emphasis is theirs, not ours.

The academics may not get it, but Scientology does: The Bixler ruling was based on people walking away from Scientology and then being harmed, and so the contracts they signed in the church should no longer apply. Why is this so difficult for some legal scholars to understand?

Anyway, Scientology may have a more receptive audience in Judge Burdge than they have at the appellate level these past few months, so Valerie may have a rockier road.

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But here’s Scientology’s opposition. Give it a good look and let us know what stands out for you.

 

Haney v Scientology: Opposi… by Tony Ortega

 
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Forced arbitration takes another hit, this time in Washington

Gretchen Carlson was with President Biden yesterday as he signed a new law that ends forced arbitration in cases of sexual assault and sexual harassment.

Carlson had testified in Congress last year about her own situation when she was forced into arbitration over allegations that she’d been harassed by Roger Ailes at Fox News. But she also mentioned the litigation against Danny Masterson and Scientology, which we noted at the time.

The new law won’t actually affect the Masterson lawsuit as far as we know: His accusers aren’t actually suing him or Scientology over their sexual assault allegations, but for the stalking and hacking they say they’ve been going through since coming forward to the LAPD.

But the new law is retroactive. Are there any former Scientologists who didn’t file lawsuits over sexual harassment or sexual assault because they believed Scientology would force them into arbitration? Now’s the time to come forward and talk to an attorney.

 
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Sign up for a daily email when we post a new story on Scientology.

Did you know you can get an email every morning when we post our daily Scientology story? We know some of the folks who come to the Underground Bunker aren’t here to talk about the politics of the day, and that’s why we created a daily politics feature over at our other blog, The Lowdown, and we ask readers to take their political discussions over there. And if you drop us a line at tonyo94 AT gmail, we’ll put you on the list so you get a morning reminder that a new Scientology story has been posted — and only for our Scientology stories.

 
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Source Code

“Theta doesn’t have space or time. And therefore it’s very simple: Theta can just as well be in Milwaukee as Paris, simultaneously. And the only reason why you are this size conceptually and not the size of the galaxy conceptually is because you find it handier to conceive yourselves to be this size. And you’re actually looking at a piece of the physical universe — you, your body. But as far as your mind is concerned, there is no reason why it can’t only stretch through this galaxy but could go through all the island universes. You see how that could be? There is no limit, then, on how wide a mind can expand or how small it can contract, because it’s not size and it’s not time or space. Also, there is no reason why I can’t think something today and have you pick it up six months ago.” — L. Ron Hubbard, March 4, 1952

 
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Avast, Ye Mateys

“ACTION BRIEFING: An FO-CBO on Action’s Responsibility for Briefing is issued in the wake of the first weeks stat reduction of Jbg, Celebrity Center and possibly London. The foremost WHY is that these were ‘loners,’ only sent one person to the FEBC who then went home and got his hard. Morale — 2 minimum FEBCs must be sent. In short, Hades broke loose here when the stats didn’t go up at once there in two instances. Those lone guys better get a 2nd FEBC here in a hurry. It takes a team. Lovely stat boosts in all the rest we sent out.” — The Commodore, March 4, 1971

 
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Overheard in the FreeZone

“The current world situation is a conflict of powerful beings without individual identities but who operate as group identities and control first and second dynamic oriented beings. Scientology has barely touched these beings. They do not run individual bodies. I am just scraping the surface of the charge involved. There are probably only a few who will read this and become aware of the higher dynamic beings that they are attached to. Once one has freed oneself of the beings who have been BTs attached to oneself then it is time to look at who has one been a BT to and detach oneself from them. That will require a massive leap in responsibility. How to audit this is not easy to look into. LRH went into this in Class 8 tape one but I have only recently realized what he really meant. OT3 and NOTs are about freeing oneself from one’s BTs. After that one has to realize who one has been a BT to and free yourself.”

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Past is Prologue

1999: The Moscow Times reports that the raid on Scientology last week lasted into a second day. “Police and secret service agents raided the Moscow offices of the Scientology movement for a second day Friday, seizing files and trying to confiscate reporters’ tapes of interviews with the Scientologists. Tax police and other security services spent 16 hours collecting boxes of documents and sealing rooms at the group’s headquarters Thursday and returned Friday morning to look for more materials and question members of the Scientologists, a controversial international spiritual organization.”

 
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Random Howdy

“Bob, no offense, but thoughts don’t have mass.”

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

Criminal prosecutions:
Danny Masterson charged for raping three women: Next pretrial conference May 31. Trial scheduled for August 29.
‘Lafayette Ronald Hubbard’ (a/k/a Justin Craig), aggravated assault, plus drug charges: Last hearing was on January 18, referred to grand jury.

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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: Pretrial conference March 25 in Los Angeles
David Gentile, GPB Capital, fraud: Next pretrial conference set for April 8.
Joseph ‘Ben’ Barton, Medicare fraud: Pleaded guilty, awaiting sentencing.
Yanti Mike Greene, Scientology private eye accused of contempt of court: Hearing held on February 15, awaiting ruling.

Civil litigation:
Luis and Rocio Garcia v. Scientology: Eleventh Circuit affirmed ruling granting Scientology’s motion for arbitration. Garcias considering next move.
Valerie Haney v. Scientology: Forced to ‘religious arbitration.’ Valerie asks for March 15 hearing on motion for reconsideration.
Chrissie Bixler et al. v. Scientology and Danny Masterson: Appellate court removes requirement of arbitration on January 19, case remanded back to Superior Court. Scientology has said it will file an anti-SLAPP motion.
Brian Statler Sr v. City of Inglewood: Third amended complaint filed, trial set for June 28.
Author Steve Cannane defamation trial: Trial concluded, Cannane victorious, awarded court costs. Appeal hearing held Aug 23-27. Awaiting a ruling.
Chiropractors Steve Peyroux and Brent Detelich, stem cell fraud: Lawsuit filed by the FTC and state of Georgia in August, now in discovery phase.

 
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THE PROSECUTION OF DANNY MASTERSON

We first broke the news of the LAPD’s investigation of Scientology celebrity Danny Masterson on rape allegations in 2017, and we’ve been covering the story every step of the way since then. At this page we’ve collected our most important links, including our four days in Los Angeles covering the preliminary hearing and its ruling, which has Danny facing trial and the potential sentence of 45 years to life in prison.

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 BLACK OPS: Tom Cruise and dirty tricks. 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] Read the brief filed by constitutional scholars supporting Danny Masterson’s accusers
[TWO years ago] Los Angeles District Attorney: Jackie Lacey leading as slow vote tally continues
[THREE years ago] Scientology made him suicidal, but that was only the beginning of his problems
[FOUR years ago] Scientology laying on the ‘religious freedom’ act thicker than ever as its TV channel nears
[FIVE years ago] In Scientology, you get to blame everything on your trillion-year-old mental booby traps
[SIX years ago] Scientology officials panicked about overdose death of star Narconon pupil: Boyfriend
[SEVEN years ago] Scenes from the ‘Going Clear’ publicity caravan in midtown Manhattan
[EIGHT years ago] Bruce Hines takes us through Scientology’s Original Operating Thetan Level Seven!
[NINE years ago] Document Leak: Scientology Sexual Histories
[TEN years ago] Scientology Sunday Funnies: Use Kids to Solicit Donations? Why Not!

 
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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 2,593 days.
Katrina Reyes has not seen her mother Yelena in 3,098 days
Sylvia Wagner DeWall has not seen her brother Randy in 2,618 days.
Brian Sheen has not seen his grandson Leo in 1,638 days.
Geoff Levin has not seen his son Collin and daughter Savannah in 1,529 days.
Christie Collbran has not seen her mother Liz King in 4,836 days.
Clarissa Adams has not seen her parents Walter and Irmin Huber in 2,704 days.
Carol Nyburg has not seen her daughter Nancy in 3,478 days.
Doug Kramer has not seen his parents Linda and Norm in 1,809 days.
Jamie Sorrentini Lugli has not seen her father Irving in 4,282 days.
Quailynn McDaniel has not seen her brother Sean in 3,598 days.
Dylan Gill has not seen his father Russell in 12,164 days.
Melissa Paris has not seen her father Jean-Francois in 8,083 days.
Valeska Paris has not seen her brother Raphael in 4,251 days.
Mirriam Francis has not seen her brother Ben in 3,832 days.
Claudio and Renata Lugli have not seen their son Flavio in 4,093 days.
Sara Goldberg has not seen her daughter Ashley in 3,129 days.
Lori Hodgson has not seen her son Jeremy and daughter Jessica in 2,844 days.
Marie Bilheimer has not seen her mother June in 2,369 days.
Julian Wain has not seen his brother Joseph or mother Susan in 724 days.
Charley Updegrove has not seen his son Toby in 1,899 days.
Joe Reaiche has not seen his daughter Alanna Masterson in 6,450 days
Derek Bloch has not seen his father Darren in 3,599 days.
Cindy Plahuta has not seen her daughter Kara in 3,919 days.
Roger Weller has not seen his daughter Alyssa in 8,774 days.
Claire Headley has not seen her mother Gen in 3,893 days.
Ramana Dienes-Browning has not seen her mother Jancis in 2,249 days.
Mike Rinder has not seen his son Benjamin and daughter Taryn in 6,552 days.
Brian Sheen has not seen his daughter Spring in 2,658 days.
Skip Young has not seen his daughters Megan and Alexis in 3,056 days.
Mary Kahn has not seen her son Sammy in 2,932 days.
Lois Reisdorf has not seen her son Craig in 2,515 days.
Phil and Willie Jones have not seen their son Mike and daughter Emily in 3,010 days.
Mary Jane Barry has not seen her daughter Samantha in 3,264 days.
Kate Bornstein has not seen her daughter Jessica in 14,373 days.

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Posted by Tony Ortega on March 4, 2022 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, 1995-2021 Just starting out here? We’ve picked out the most important stories we’ve covered here at the Underground Bunker (2012-2021), 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

 

Tony Ortega at The Daily Beast

 

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