In December, we reported that Danny Masterson’s victims were proposing to enhance their 2019 lawsuit against him and Scientology in a big way. They proposed to add a new plaintiff (the actress Tricia Vessey, who had testified in Masterson’s first criminal trial to being attacked by him twice in 1996), and to add sexual battery counts against Masterson and racketeering allegations accusing Scientology of being a criminal enterprise.
A hearing is scheduled for March 20 for Judge Upinder Kalra to consider whether to allow that new amended complaint, and now we have Scientology’s response opposing the new changes to the lawsuit.
Yes, you probably aren’t surprised to hear that Scientology is opposing the proposed changes, but we thought you’d like to see the specific arguments that they’re making.
Over four years after filing their First Amended Complaint (“FAC”), Plaintiffs ask this Court for leave to file an over-the-top, scurrilous, and tabloidesque Second Amended Complaint (“SAC”) spanning 104 pages and 645 paragraphs. The motion is set for hearing nearly five months after Defendants Church of Scientology International (“CSI”), Celebrity Centre International (“CC”), and Religious Technology Center (“RTC,” and with CSI and CC, the “Church Defendants”) filed motions under California’s anti-SLAPP laws seeking to strike allegations and causes of action from the FAC. Plaintiffs have known since the outset of this case, before a lengthy stay was originally imposed, that the Church Defendants intended to file anti-SLAPP motions should these cases proceed in this forum. Indeed, in the lead-up to the stay being lifted last year, counsel for the Church Defendants discussed the planned motions and addressed them in a brief. Once the stay was lifted, the Church Defendants moved promptly to file their motions.
Throughout all that time, the Plaintiffs largely remained silent about their intention to amend their complaint. They did not seek leave to amend then or even a schedule to facilitate the Court’s consideration of the proposed SAC in light of the anticipated anti-SLAPP motions. Instead, they waited until December 27, 2023, to file their motion and set it for hearing after the hearing on the anti-SLAPP motions. The proposed SAC seeks to add dozens of new paragraphs, 17 new causes of action, and a new plaintiff. Almost all of the new “facts” alleged in the SAC are old or would have been otherwise known to Plaintiffs years ago. Plaintiffs do not explain their extreme delay in seeking to amend. And an amendment now threatens to wreak havoc on the Court’s ability to resolve this case.
AdvertisementPlaintiffs’ motion for leave to amend should be denied for several reasons.
First, the motion does not comply with the California Rules of Court. Rule 3.1324 requires that the motion identify, by page and line number, the newly added and deleted paragraphs of the proposed amended pleading. The motion does not do that. The Rule also requires that counsel explain in a declaration when the facts giving rise to the amended allegations were discovered and why leave was not sought earlier. Plaintiffs do not have good answers to those questions, so they ignore them.
Second, even if the Plaintiffs had filed a motion complying with the Rules of Court, the Court cannot grant leave to amend given the procedural posture of this case. Given the Church Defendants’ current anti-SLAPP motions, the Court cannot permit an amendment to the pleadings. And that is true whether the Court has ruled on the anti-SLAPP motions and whether or not an appeal from that anticipated ruling is on file at the time of the hearing on this motion. Plaintiffs have no one else to blame but themselves for that procedural morass.
Third, even if the Court believes it has jurisdiction to permit an amendment to the FAC, the Court should deny it in its discretion. Plaintiffs do not justify their extreme delay in seeking amendment. Permitting an amendment now threatens another extended delay of this case. It cannot be justified, and Plaintiffs do not even try to.
Finally, Plaintiff Riales is barred from amending her complaint to assert claims for invasion of privacy as she seeks to do. Over three years ago, sustaining a demurrer in part, this Court gave Riales leave to amend those claims and she failed to do so. She may not amend now.
The Court should deny the motion.
Scientology’s attorneys go on to point out that Judge Kalra has not yet ruled on the church’s attempt to gut the lawsuit with anti-SLAPP motions and motions to strike. A hearing was held on those matters on February 13, but the Judge has still not ruled on them. It’s premature, Scientology argues, for the court to consider adding allegations to the complaint when a ruling from the court is still pending.
Well, we are curious about what Judge Kalra is going to rule on those anti-SLAPP motions. If you remember, Scientology is trying to derail the case by belittling the lawsuit, and saying that any actual instances of stalking or harassment of Danny Masterson’s victims were not done on behalf of the Church of Scientology.
And even if Judge Kalra were to rule by denying those motions by Scientology, the church is just going to appeal his ruling anyway, so again it’s premature to consider allowing a new amended complaint, they argue.
So there’s a lot for Judge Kalra to consider as that March 20 hearing date nears. What say you, Judge?
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Technology Cocktail
“A sickness can be composed, let us say, of a headache, a nausea, apathy and weariness. Such a sickness may be bizarre, without medical reason. By first getting the patient to find and say what shock occurred when the sickness began, getting when, and getting it recounted, the “illness” will lessen, the emotional state will alter — called a ‘release of affect.’ By then finding an earlier similar instance and getting that one dated and recounted a further release of affect may occur.” — L. Ron Hubbard, 1969
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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
“Way back here at origin, you get the first separation from theta. And that actually would be Incident One…It’s very patterned, and you can run it without much trouble. It simply consists of this: The race, with its bodies and so forth, inhabiting a place in THIS universe, a planet in this universe, was hit by, infiltrated by, an incoming race…This invader race came in and says – with a lot of electronics and said, ‘Boys, all you’ve got to do is take this little jim-dandy whizzer, and you know, you will be twice as thetesque as before.’ They sold you all a bill of goods…They knocked us off with a very simple apparatus, and that simple apparatus consisted of something that went around your head and across the top of your head and under your chin — under your throat — and back of your head. And everything pointed at the pineal. They turned on the juice…and your mystic powers more or less went by the boards…Long time later, maybe even a million years later, you eventually wound up before another crew. And this other crew said, ‘We don’t want you around anymore, and we’re going to send you to jail.’ And so they packaged you up and shipped you off, and that is an incident we call Before Earth — B.E….But there’s a race existing right now out in outer space, and this race is not very interested in you, not very interested. And some of you, by the way, without much trouble, can do a contact across, because some of your theta line stayed out there….I’m sorry if it stretches your credulity. I do hope, however, that it doesn’t stretch it to the point where you won’t operate on it.” — L. Ron Hubbard, March 10, 1952
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“Margo Clarke is to work 48 hours in the Income Dept preparing statements to become familiar with the rundown. INCOME IS MORE IMPORTANT THAN DISBURSEMENT. Liz Ausley is to act as Temporary Purser, check out on the new P/L on org boards and do a proper org board for Div III FAO. The WHY of any FAO disorganization or slow forming has been traced to lack of knowledge on how to post an org bd as covered by the new P/L.” — The Commodore, March 10, 1971
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“People have arrived at different times on Earth ranging from the initial invasion of this part of the universe 4 billion to 5 billion years ago to the last 10,000 years up to PT. All the neighbouring civilisations including Markab, the Pleiades and Orion through Aldebaran to Sirius and countless more have been conquered, mined, cloned, implanted and programmed from 5 billion years ago up to the present date. As far as ETs go in this vicinity, there are only heirarchies of power based upon technology and OT Programming. There is no help, except from ourselves. OTIII is a recent effect-point incident which may be classed as a basic lock at Unwilling Effect. There is an 8 point Effect to Cause sequence from Unwilling Effect to Knowing Cause. When this Cause-Effect Sequence is resolved to basic, the natural EP originated is ‘Cause over Life.’ This is below the level of resolution of Right/Wrong Assignments, Substitutes, Reversals, Inversions and Compromised Theta Principles which resolve the subjective level of address.”
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2002: Prosperity Magazine for February 2002 reported news from the World Institute of Scientology Enterprises, including the opening of new facilities in Los Angeles and the establishment of a new Hubbard College in New York. “CUTTING THE RIBBON ON A NEW FUTURE – The New Hubbard College of Administration Special Grand Opening. Photos: Mrs. Peggy Hilgers, President of the Hubbard College of Administration and host for the Grand Opening. Mr. Richard G. Polanco, Senate Majority Leader of the California State Senate. Master Buddhist Kai Chien from Taiwan. Mr. Sky Dayton, founder of Earthlink. Senator (Ret.) David Roberti is presented a set of the Management Series Volumes by Mr. Fred Harris and Rev. Heber Jentzsch. Mayor Gusztav Radoczi of Gyomro, Hungary. Mr. Craig Jensen, CEO of Executive Software International. Mr. Don Drader, President WISE International presents a set of Management Series to Ms. Laurie Milam of KCAL-9 Television. Mr. Larry Gershman, six-time winner of the prestigious ‘Promotion of the Year’ Award and former Executive Director of Ogilvy and Mather Worldwide. Mr. Sky Dayton, founder of Earthlink the largest independent Internet
Service provider in the United States, was the first speaker. ‘By diligently applying Mr. Hubbard’s administrative technology; from setting my original life goals to constructing the plans and organizations to achieve them, I have been able to make my dreams a reality. The Hubbard College will graduate and endless stream of managers and administrator who know the laws of organizations and how to win the game with intelligence and integrity. This has the potential not only to change the face of business and government, but also of society.'”
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“I think right now Katie’s main goal is to get Suri acclimated to the real world and to not give Tom and Bert any ammo for a new custody suit. Can you imagine if Katie got caught smoking pot or something else fairly innocuous to most sane people?”
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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 March 26, 2024.
— David Gentile, GPB Capital, fraud.
Civil litigation:
— Leah Remini v. Scientology, alleging ‘Fair Game’ harassment and defamation: Complaint filed August 2, motion to strike/anti-SLAPP motions by Scientology to be heard January 9, 2024.
— 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: motion to file new complaint, hearing on March 20.
— Jane Doe 1 v. Scientology, David Miscavige, and Gavin Potter: Case unsealed and second amended complaint filed. Scientology moves for religious arbitration, hearing on March 26.
— Chiropractors Steve Peyroux and Brent Detelich, stem cell fraud: Ordered to mediation.
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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 tells court: Two arbitrators have agreed to serve in Valerie Haney case
[TWO years ago] Paulette Cooper writes her own story: Her struggle against Scientology and so much more
[THREE years ago] If Danny Masterson’s accusers take lawsuit to Calif. supreme court, they will have issues
[FOUR years ago] Scientology mail contract worth $5 million a year says firm suing a former employee
[FIVE years ago] A new drug shows promise for depression, so naturally Scientology is fighting it
[SIX years ago] Mike Rinder answers questions about the new ‘Aftermath Foundation’
[SEVEN years ago] Louis Farrakhan, Leah Remini, and a document that helps explain the Scientology-NOI pact
[EIGHT years ago] Reporter’s notebook: Scientology’s latest intimidation attempt is sadly familiar
[NINE years ago] Scenes from a ‘Going Clear’ screening — Alex Gibney at the True/False Festival
[TEN years ago] Scientology fliers can chase away any case of the Mondays
[ELEVEN years ago] Hurry, Scientology Needs Your PR Help!
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Bernie Headley (1952-2019) did not see his daughter Stephanie in his final 5,667 days.
Tammy Synovec has not seen her daughter Julia in 2,835 days.
Valerie Haney has not seen her mother Lynne in 3,330 days.
Katrina Reyes has not seen her mother Yelena in 3,845 days
Sylvia Wagner DeWall has not seen her brother Randy in 3,395 days.
Brian Sheen has not seen his grandson Leo in 2,385 days.
Geoff Levin has not seen his son Collin and daughter Savannah in 2,266 days.
Christie Collbran has not seen her mother Liz King in 5,570 days.
Clarissa Adams has not seen her parents Walter and Irmin Huber in 3,441 days.
Jamie Sorrentini Lugli has not seen her father Irving in 4,993 days.
Quailynn McDaniel has not seen her brother Sean in 4,334 days.
Dylan Gill has not seen his father Russell in 12,901 days.
Melissa Paris has not seen her father Jean-Francois in 8,820 days.
Valeska Paris has not seen her brother Raphael in 4,988 days.
Mirriam Francis has not seen her brother Ben in 4,569 days.
Claudio and Renata Lugli have not seen their son Flavio in 4,830 days.
Sara Goldberg has not seen her daughter Ashley in 3,866 days.
Lori Hodgson has not seen her son Jeremy and daughter Jessica in 3,582 days.
Marie Bilheimer has not seen her mother June in 3,146 days.
Julian Wain has not seen his brother Joseph or mother Susan in 1,461 days.
Charley Updegrove has not seen his son Toby in 2,636 days.
Joe Reaiche has not seen his daughter Alanna Masterson in 7,187 days
Derek Bloch has not seen his father Darren in 4,318 days.
Cindy Plahuta has not seen her daughter Kara in 4,656 days.
Roger Weller has not seen his daughter Alyssa in 9,511 days.
Claire Headley has not seen her mother Gen in 4,629 days.
Ramana Dienes-Browning has not seen her mother Jancis in 2,986 days.
Mike Rinder has not seen his son Benjamin and daughter Taryn in 7,289 days.
Brian Sheen has not seen his daughter Spring in 3,395 days.
Skip Young has not seen his daughters Megan and Alexis in 3,793 days.
Mary Kahn has not seen her son Sammy in 3,669 days.
Lois Reisdorf has not seen her son Craig in 3,234 days.
Phil and Willie Jones have not seen their son Mike and daughter Emily in 3,747 days.
Mary Jane Barry has not seen her daughter Samantha in 4,001 days.
Kate Bornstein has not seen her daughter Jessica in 15,110 days.
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Posted by Tony Ortega on March 10, 2024 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
