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Judge removes some allegations from lawsuit by Danny Masterson victims

Yesterday we told you about the hearing in Judge Upinder Kalra’s courtroom that featured a pretty entertaining argument over Scientology ‘Fair Game,’ and ended with Judge Kalra saying that he was going to take Scientology’s request to strike material from the Bixler lawsuit under advisement.

We just noticed that late in the afternoon, Judge Kalra did issue his ruling and did strike some paragraphs from the Bixler lawsuit, as well as some prayers for relief.

Scientology was asking that he remove whole sections of the lawsuit that referred to when the Jane Doe victims were Scientologists, and also that referred to Scientology’s practice of ‘Fair Game.’ He didn’t do that, but he did remove some specific language that sought punitive and treble damages. Here are the paragraphs that he removed…

Paragraphs 273, 279, 285, 293, which all say the same thing, and “the portions of Paragraphs 274, 280, 286, 294, 297, that seek exemplary or punitive damages.” Here are paragraphs 273 and 274 (which reflect the other pairs as well)…

273. These acts constituted malicious conduct which was carried on by said Defendants with willful and conscious disregard for Plaintiffs’ rights with the intention of willfully concealing information that could have prevented sexual assaults against Plaintiffs Chrissie Bixler, Marie Riales, Jane Doe #1, Jane Doe #2, or others yet unknown, as well as harassing and silencing the Plaintiffs. The conduct at issue was and continues to be despicable and has and continues to subject Plaintiffs to a cruel and unjust hardship and justifies an award of exemplary and punitive damages. Accordingly, punitive damages should be awarded against Defendants to punish them and deter them and other such persons from committing such wrongful and malicious acts in the future.

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274. Wherefore, Plaintiffs pray for judgment against Defendants in the form of all general and special damages in a sum to be proven at trial, and exemplary and punitive damages as allowed by law and in a sum to be proven at trial.

Also, Judge Kalra removed these prayers for relief…

4. For punitive/exemplary damages according to proof and pursuant to Civil Code 1708.5(3)(b) and 1782(2);

5. For attorneys’ fees and/or penalties pursuant to Civil Code 1708.5(3)(b) and 1782(2) and Civil Code 51.7, 51, and 52.4, and Code of Civil Procedure 1021.5;

6. For treble damages pursuant to California Penal Code 236.1 and California Civil Code 52.5;

Like we said, we just noticed that the judge made his ruling late yesterday afternoon, and we will be seeking help from our attorney sources to get some sense of how damaging they think the removal of these paragraphs from the lawsuit may be at this point in time.

UPDATE: We got a reaction from our attorney, Scott Pilutik, who has this to say about the changes Judge Kalra made to the lawsuit…

“It is damaging because the possible settlement range drops if punitive damages are taken off the menu. Scientology risks less by going to trial, so the number they’d be willing to settle for drops as well.“

 
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Technology Cocktail/

“Without Tone Arm Motion no charge is being released and no actual case betterment is observed beyond a few somatics removed. The pc’s session goals stay the same. The pc’s life doesn’t change. So the clue to OT (and clear) is Tone Arm Motion. It must exist during the session. If it doesn’t something is wrong.” — L. Ron Hubbard, 1963

 
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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 as Danny faces a potential sentence of 45 years to life in prison. NOW WITH TRIAL INDEX.

 
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THE PODCAST: How many have you heard?

[1] Marc Headley [2] Claire Headley [3] Jeffrey Augustine [4] Bruce Hines [5] Sunny Pereira [6] Pete Griffiths [7] Geoff Levin [8] Patty Moher [9] Marc Headley [10] Jefferson Hawkins [11] Michelle ‘Emma’ Ryan [12] Paulette Cooper [13] Jesse Prince [14] Mark Bunker [15] Jon Atack [16] Mirriam Francis [17] Bruce Hines on MSH

— SPECIAL: The best TV show on Scientology you never got to see

[1] Phil Jones [2] Derek Bloch [3] Carol Nyburg [4] Katrina Reyes [5] Jamie DeWolf

— The first Danny Masterson trial and beyond

[18] Trial special with Chris Shelton [19] Trial week one [20] Marc Headley on the spy in the hallway [21] Trial week two [22] Trial week three [23] Trial week four [24] Leah Remini on LAPD Corruption [25] Mike Rinder 2022 Thanksgiving Special [26] Jane Doe 4 (Tricia Vessey), Part One [27] Jane Doe 4 (Tricia Vessey), Part Two [28] Claire Headley on the trial [29] Tory Christman [30] Bruce Hines on spying [31] Karen de la Carriere [32] Ron Miscavige on Shelly Miscavige [33] Karen de la Carriere on the L’s [34] Mark Bunker on Miscavige hiding [35] Mark Plummer [36] Mark Ebner [37] Karen Pressley [38] Steve Cannane [39] Fredrick Brennan [40] Clarissa Adams [41] Louise Shekter [42] John Sweeney [43] Tory Christman [44] Kate Bornstein [45] Christian Stolte [46] Mark Bunker [47] Jon Atack [48] Luke Y. Thompson [49] Mark Ebner [50] Bruce Hines [51] Spanky Taylor and Karen Pressley [51] Geoff and Robbie Levin [52] Sands Hall [53] Jonny Jacobsen [54] Sandy Holeman

 
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Source Code

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“Nobody ever objects to anybody in India being found dead. So they’re dead. They’re dead. They get married when they’re 12 or 14, kick the bucket when they’re 21, 28 — real quick. The only trouble with the people is, it’s too hot there and they key in all the prenatals they’ve got. It is about 90. Any time you get a climate which is approaching 98.6, you can get the whole prenatal bank keyed in almost perpetually, because that’s the temperature in the prenatal bank, 98.6. That’s why hot countries turn feminine, so forth, so it’s not a hardy country. But way up north, those boys live with kind of wild abandon, too. They always have.” — L. Ron Hubbard, November 24, 1953

 
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Avast, Ye Mateys

“EPIZOOTICS: A 48 to 64 hour illness is around. The number is decreasing. The last port of students brought it. High temperature, chills, aches in lower back and legs, strong headache, diarrhea are the symptoms. It hasn’t been named as to what it is. Probably some type of Flu that got loose from a Roche bacteriological warfare project to raise their dividends on anti-biotics sales. We get a lower percentage than other groups. But that it hits at all shows the need of stepped up auditing action. We have far too few auditors in Qual. Group numbers doubled but Qual auditors didn’t. Student and public lines increased in delivery hour potential didn’t. I have now speeded up tech results which should help.” — The Commodore, November 23, 1970

 
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Overheard in the FreeZone

“In our role as Scientologists and opinion leaders, some of us know that the use of thetans as actual non-material thetans, those who don’t depend on MEST to accomplish their goals, is the way to go and the way towards spiritual freedom. Whereas others clearly want to buy into MEST extension, development, and advances at the expense of our innate theta abilities and our own thetan usefulness, which is far above MEST activities, and so my position is that we thetans should or only need to accept MEST solutions at an even decreasing amount. We must beat MEST and MEST lovers at their own game. I am using my smartphone to comm with you but we must not let AI and 5G self-coordinate and run our society automatically — the direction already begun.”

 
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Past is Prologue

1998: Lyon Capitale, a french news weekly, published an article on Scientology cases in France, and harassment of critics. “While 23 of its members were before the criminal courts of Lyon, one for involuntary homicide, the others for fraud and abuse of trust, the Church of Scientology was highly visible in the streets of Lyon. Demonstrations, distribution of leaflets, open houses and public ceremonies: the scientologists cultivated the appearance of victims through a vast PR campaign. The scientologists convicted by the court saw their sentences reduced on appeal. While recalling that there had been fraud, the appeals court allowed the Church of Scientology to take advantage of being a ‘religion’, thus giving the cult a new opportunity to improve its public image. Today, the church has, it seems, closed its doors again. Sealed off from the world, the organization is showing itself to be more allergic than
ever to criticism. When we asked for permission to take a few photos at the church in Lyon, we were dryly told: ‘No. I mean no. Don’t insist.’ with no further explanation. Currently under fire in the media, now that several elements of a case against the cult have disappeared from a court in Paris, ‘la Sciento’ has pulled into its shell. And gone onto the offensive. Lyon professor Paul Aries, a specialist on cult issues, knows something about it. His latest work, ‘Scientology: laboratory of the future’, published by Golias, wasn’t yet on sale when he received a letter from Scientology reminding him that that the texts of the founding guru were protected by copyright, before threatening him with forgery. But Christian Terras, founder of the revue ‘Golias’, replied to the scienos that he would anyway publish the book. It’s a done deal since last week. Police, academics, and the investigating magistrate responsible for the

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inquiry into the suicide of a member in Lyon have all be subject to multiple intimidations. Journalistic inquiries such as Serge Flaubert’s ‘A Cult at the Heart of the Republic’ or Richard Behar’s article in Time magazine were the targets of lawsuits. The threats are sometimes physical. Since he started researching cults, Aies has been attacked several times,
resulting in a dislocated shoulder. A meeting with senior police officials was canceled anonymously. His mail has been stolen. He has had to move house several times. ‘I can’t accuse anyone in particular’, he says, ‘I am filing charges against a John Doe’.”

 
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Random Howdy

“All along the Bridge, in the lectures mainly, LRH drops all sorts of clues, inferences, asides that the whole thing was a game and that there was an inside joke. Unfortunately a certain percentage of the faithful failed to pick up on this.”

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

Criminal prosecutions:
Danny Masterson charged for raping three women: Found guilty on two counts on May 31, remanded to custody. Sentenced to 30 years to life on Sep 7.
‘Lafayette Ronald Hubbard’ (a/k/a Justin Craig), aggravated assault, plus drug charges: Grand jury indictments include charges from an assault while in custody. Next pretrial hearing October 30.
David Gentile, GPB Capital, fraud.

Civil litigation:
Leah Remini v. Scientology, alleging ‘Fair Game’ harassment and defamation: Complaint filed August 2, Scientology submitting anti-SLAPP response Oct 26.
Baxter, Baxter, and Paris v. Scientology, alleging labor trafficking: Forced to arbitration. Plaintiffs allowed interlocutory appeal to Eleventh Circuit.
Valerie Haney v. Scientology: Forced to ‘religious arbitration.’
Chrissie Bixler et al. v. Scientology and Danny Masterson: Discovery phase.
Jane Doe 1 v. Scientology, David Miscavige, and Gavin Potter: Case unsealed and second amended complaint filed. Scientology moves for religious arbitration.
Chiropractors Steve Peyroux and Brent Detelich, stem cell fraud: Ordered to mediation.

 
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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.

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] Scientology’s richest in 2022: Where have all the whales gone?
[TWO years ago] Court finds schizophrenic teen not responsible for killing at Aussie Scientology HQ
[THREE years ago] More former Church of Scientology members describe life after Miscavige
[FOUR years ago] In Touch sold out to Enquirer’s parent, so now it starts up with the Tom-foolery
[FIVE years ago] Here is what’s in the documents that are prompting a new look at Casey Kasem’s death
[SIX years ago] We’ve cooked up for you a special Scientology Thanksgiving — so pass the Source!
[SEVEN years ago] Before Leah Remini burns it to the ground, here’s Scientology’s side of the story
[EIGHT years ago] Another Scientology rehab death — and why this one is particularly bad for David Miscavige
[NINE years ago] VIDEO: Watch a Scientology spy get busted by Marc Headley in Las Vegas last night
[TEN years ago] Jon Atack: Why do Scientologists Find it So Difficult to Apologize?
[ELEVEN years ago] Scientology Interviews John Travolta: Oddly, Massage Therapy Not Discussed

 
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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 3,222 days.
Katrina Reyes has not seen her mother Yelena in 3,737 days
Sylvia Wagner DeWall has not seen her brother Randy in 3,287 days.
Brian Sheen has not seen his grandson Leo in 2,277 days.
Geoff Levin has not seen his son Collin and daughter Savannah in 2,158 days.
Christie Collbran has not seen her mother Liz King in 5,462 days.
Clarissa Adams has not seen her parents Walter and Irmin Huber in 3,333 days.
Doug Kramer has not seen his parents Linda and Norm in 2,438 days.
Jamie Sorrentini Lugli has not seen her father Irving in 4,885 days.
Quailynn McDaniel has not seen her brother Sean in 4,227 days.
Dylan Gill has not seen his father Russell in 12,793 days.
Melissa Paris has not seen her father Jean-Francois in 8,712 days.
Valeska Paris has not seen her brother Raphael in 4,879 days.
Mirriam Francis has not seen her brother Ben in 4,461 days.
Claudio and Renata Lugli have not seen their son Flavio in 4,722 days.
Sara Goldberg has not seen her daughter Ashley in 3,758 days.
Lori Hodgson has not seen her son Jeremy and daughter Jessica in 3,474 days.
Marie Bilheimer has not seen her mother June in 3,038 days.
Julian Wain has not seen his brother Joseph or mother Susan in 1,353 days.
Charley Updegrove has not seen his son Toby in 2,528 days.
Joe Reaiche has not seen his daughter Alanna Masterson in 7,079 days
Derek Bloch has not seen his father Darren in 4,210 days.
Cindy Plahuta has not seen her daughter Kara in 4,548 days.
Roger Weller has not seen his daughter Alyssa in 9,403 days.
Claire Headley has not seen her mother Gen in 4,522 days.
Ramana Dienes-Browning has not seen her mother Jancis in 2,878 days.
Mike Rinder has not seen his son Benjamin and daughter Taryn in 7,181 days.
Brian Sheen has not seen his daughter Spring in 3,287 days.
Skip Young has not seen his daughters Megan and Alexis in 3,685 days.
Mary Kahn has not seen her son Sammy in 3,561 days.
Lois Reisdorf has not seen her son Craig in 3,126 days.
Phil and Willie Jones have not seen their son Mike and daughter Emily in 3,639 days.
Mary Jane Barry has not seen her daughter Samantha in 3,893 days.
Kate Bornstein has not seen her daughter Jessica in 15,002 days.

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Posted by Tony Ortega on November 23, 2023 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, 1995-2022 Just starting out here? We’ve picked out the most important stories we’ve covered here at the Underground Bunker (2012-2022), 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

 

Tony Ortega at Rolling Stone

 

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