Jane Doe, like Leah Remini, asks for judge in Danny Masterson lawsuit after Miscavige stunt

 
We did our best this week to explain how Scientology leader David Miscavige managed to get the judges he didn’t like in two lawsuits removed, even though both cases had been filed months earlier.

Miscavige cynically capitalized on the evasion of process servers that the courts had let him get away with for months and then waited to make his first appearances in those cases after the judges had made rulings he didn’t like. Then he made his first official appearances in each case so he could file peremptory challenges to remove the judges, claiming that for him the lawsuits had just begun. In both cases, the judges had no choice but to step down.

We pointed out how unfair this was to Leah Remini and Jane Doe 1, the plaintiffs in those two lawsuits, but neither of them are taking it lying down.

There’s a third lawsuit against Scientology at Los Angeles Superior Court, the one filed by Danny Masterson’s victims in 2019 (known as Bixler v. Scientology). After a lengthy delay while Masterson was going through two criminal trials, the lawsuit is active again and is in the courtroom of Judge Upinder Kalra, who recently knocked down an attempt by Scientology to gut the lawsuit.

After Leah lost the judge in her case, she filed a “notice of related case,” pointing out how similar her lawsuit is to the Bixler case, with both of them alleging that Scientology targeted them with elaborate campaigns of harassment, stalking, and intimidation.

Instead of giving her case to a random new judge (which turned out to be Judge Holly Fujie), Leah’s lawyers argued that her lawsuit should, like the Bixler case, be handled by Judge Kalra. This would save the court time and resources, and help to avoid contradictory rulings.

We don’t know if the court is going to go for that, but now Jane Doe is following suit.

In her case, Judge Robert Broadbelt on Monday evening posted a stunning tentative ruling calling Scientology’s brand of arbitration “unconscionable.” But before he could make that ruling final at a hearing Tuesday, Miscavige sent his attorney Jeffrey Riffer that morning to notify Judge Broadbelt that Miscavige was making his first appearance and immediately filed a peremptory challenge to remove the judge. Broadbelt stepped down and his tentative ruling was wiped out.

Jane Doe’s case has now been assigned to Judge Michael Small, but she too has now filed a “notice of related case” and, like Leah, is asking that her lawsuit be reassigned to Judge Upinder Kalra.

We figured you’d want to see the specific arguments her attorneys made in their filing…

1. Plaintiff Jane Doe in 22STCV40862 (Case #1) is Plaintiff Jane Doe #1 in 19STCV29458 (Case #2).
2. Religious Technology Center and Church of Scientology International are defendants in both Case #1 and Case #2.
3. Defense counsel overlap in Cases #1 and #2. Plaintiff’s Counsel (Edwards Henderson) overlap in Cases #1 and #2.
4. On April 16, 2024, Plaintiff Jane Doe in Case #1 was informed by the Court at the hearing on the Motion to Compel Arbitration that Defendant David Miscavige exercised his Rule 170.6 peremptory challenge to exclude the Honorable Robert Broadbelt.
5. The two cases share substantially identical questions of law and fact and issues, including but not limited to the validity of an arbitration provision Defendants have sought to impose in both cases. The agreement with the arbitration provision at issue in Case #2 is identical to the agreement with the arbitration provision at issue in Case #1.
6. The Court in Case #2 previously ruled the arbitration provision was not binding as to Jane Doe #1. Judge Robert Broadbelt issued a Tentative Ruling in Case #1 finding that the same arbitration provision was not binding. The like findings in the two cases demonstrate that Case #1 and Case #2 are related and provide the requisite knowledge that triggered the filing of this Notice at this stage.
7. The issue of the enforceability of the arbitration provision, which if enforced would force Jane Doe into Scientology arbitration, is common in both cases. A disparate ruling among cases involving the same Plaintiff and the same agreement will confuse issues and create split decisions versus final rulings.
8. The cases also share substantially similar discovery issues including Scientology policies prohibiting the reporting of crimes, the management of individuals who disregard Scientology rules, and the treatment of Jane Doe by each Defendant. Witnesses and expected motions are also substantially similar.

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9. Any award or judgment in either Case #1 or #2 would be paid by the same Defendant entity.
10. Consolidation of discovery in Cases #1 and #2 will achieve judicial expediency and will serve to prevent the substantial duplication of judicial resources that will occur if heard by different judges.
11. Notably, Plaintiffs previously filed a Notice of Related Cases for Case #1 and #2 that was denied and deferred jurisdiction to Judge Broadbelt. Considering the new circumstances in this matter given that Judge Broadbelt no longer has jurisdiction, the matter should be reconsidered and the cases related. Both judges and courts have already expended significant judicial resources delving into complicated fact issues in these similar cases, and relating the cases under Judge Kalra will provide judicial efficiency.

We’ll say it again: The Los Angeles Superior Court just allowed David Miscavige to sandbag them, and they have rewarded him for evading service and making a mockery of the court.

They have a chance to make up for that by granting Leah Remini and Jane Doe 1 the requests they have made, which not only make sense for conserving judicial resources, but also to prevent conflicting rulings.

Why don’t you surprise us and do the right thing, LA Superior Court?

 
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Technology Cocktail

“The C/S’s job only becomes unhappy and impossible when the auditors are nonstandard or the Admin people never heard of lines or policy and he himself departs from the straight and narrow of Standard Dianetics and Standard Tech. The purpose of Dianetics can be accomplished smoothly and easily only if the above are taken into account.” — 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 [55] Mark Bunker [56] Trish and Liz Conley [57] Trish Conley [58] Alex Barnes-Ross [59] Alex Barnes-Ross [60] Alex Barnes-Ross [61] Alex Barnes-Ross [62] Alex Barnes-Ross [63] Alex Barnes-Ross [64] Tory Christman [65] Tammy Synovec [66] Dennis Erlich [67] Alex Barnes-Ross [68] Valerie Ross [69] Kat in Austin [70] Mark Bunker [71] Phil Jones

 
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Source Code

“The road into this universe is successive unawarenesses. And the road out is successive awarenesses. But not just bare-breasting your chest to the whole universe. No, you have to find out why the individual didn’t want to be aware at those points, and he didn’t want to be aware because he solved it. Well, what’s this solution? Well, that was yesterday’s problem. Yesterday’s solution, problem, solution, problem, solution — they’re all the same line of cat. He got himself into trouble by solving himself into trouble. And when he has solved himself all the way into trouble totally, he’s here, and he’s the fireman down in the stokehold. And therefore there are no lower levels of subconscious for you to explore; there are only upper levels of awareness.” — L. Ron Hubbard, April 21, 1964

Avast, Ye Mateys

“We’re having a VIP function aboard at 1900 tonight. The Mayor, Harbour Master, news photographers and approx 20 others are invited. Just like crew became so expert at handling in February. Everyone’s agreement and assistance will be much appreciated.” — Lt. Barry Watson, Pub Exec Officer, April 21, 1970

 
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Overheard in the FreeZone

“Our task is to somehow transform social perception of Scientology. This in the face of a sea of: bad press, entrenched current and former Scientologists, fake news, a general and worldwide disparagement of religion, and a fleet of so called Ideal Orgs which will (probably soon) be embroiled in a maelstrom of bankruptcies. Empty buildings cannot sit that way for long. It is contrary to the laws of exchange, among other things. That will bring more ‘news,’ this time of the ‘demise of Scientology.’ Which is good. It is a law of this universe that death always preceeds the resurgence of life.”

 
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Past is Prologue

2002: Boudewijn van Ingen reported from a court hearing in The Hague in which Scientology is opposed to the continued presence of secret Operating Thetan materials on Dutch websites. “Warren McShane was allowed to make a short presentation to the judges early on, about the ‘security arrangements’ that are supposedly in place in the Co$ to keep those precious OT-levels from becoming ‘published.’ Mr. Hermans (Lawyer for CoS) had argued that at no time copies of the OT-material were spread amongst Scientologists and that Scientologists were even never allowed to take notes while they studied the materials. According to Warren, the OT’s are all printed on special paper called mylar that is impossible to tear and contains a device that would set off an alarm when someone would try to remove it from the room. When the lead judge asked Warren about the fact that these security arrangements obviously had not been in use ever since the sixties, when the OT-material was written, Warren hastened to explain that these arrangements obviously evolved over time, but that the secrecy had been in place at all times. And he waved a piece of paper in front of the bench that was supposed to prove that. Alas for him, it was by then far too late to enter new evidence into this case. And of course, waving pieces of paper in front of a judge at such a late stage in a court case makes the one doing it look quite ridiculous.”

 
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Random Howdy

“Most people have never heard of the guy who invented the mouse. But a lot of them have heard of L Ron Hubbard. This is why I drink.”

 
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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 May 17, 2024.
— David Gentile, GPB Capital, fraud.

Civil litigation:
— Leah Remini v. Scientology, alleging ‘Fair Game’ harassment and defamation: Some defamation claims were removed by Judge Hammock. Leah seeking to amend her complaint.
— 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 May 29.
— Jane Doe 1 v. Scientology, David Miscavige, and Gavin Potter: Case unsealed and second amended complaint filed. Scientology moves for religious arbitration, hearing on April 16.
— 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] Did prosecutors leave a Danny Masterson fan on the retrial jury?
[TWO years ago] More proof that Hollywood is over Scientology: Netflix openly mocks it with billboard
[THREE years ago] The Top 25 People Enabling Scientology, No. 2: Monique Yingling
[FOUR years ago] City of Inglewood: Brian Statler shouldn’t have resisted arrest and forced us to shoot him dead
[FIVE years ago] Scientology’s mad real estate splurge has real consequences for its indentured workers
[SIX years ago] Hana Whitfield’s book excerpt: L. Ron Hubbard’s amidships meltdown over ‘Xemu’ and OT 3
[SEVEN years ago] Bunker reader Dee Findlay stole the show as Clearwater stood up to Scientology last night
[EIGHT years ago] How Lisa Marie Presley became Scientology leader David Miscavige’s worst nightmare
[NINE years ago] Marc Headley reveals the embarrassing technological secrets of Scientology
[TEN years ago] Convicted of fraud by France’s highest court, Scientology still pursues creative appeals
[ELEVEN years ago] Sunday Funnies: The United States of Scientology

 
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Posted by Tony Ortega on April 21, 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

 

Tony Ortega at Rolling Stone