Jane Doe 1 asks for emergency hearing and Scientology is not happy about it

Although Jane Doe 1’s forced-marriage lawsuit was put on hold last month while Scientology tries to derail it into “religious arbitration,” her legal team has asked the court for an emergency hearing to grant them the right to conduct “limited discovery” in the meantime.

Scientology is opposing it, and the matter will be heard tomorrow morning in court.

Jane Doe 1’s attorney Graham Berry, in the filing asking for the hearing, points out that during the October 27 hearing when a stay was granted putting the lawsuit on hold, his colleague attorney Carmen Scott had asked about the possibility of limited discovery but the judge said he had no motion on it in front of him.

So Berry has now submitted that motion, and asked that it be heard right away because the soonest they could get a normally-scheduled hearing would be in August, long after the issue of arbitration is decided in February.

Berry writes that it’s vital that Jane Doe 1 get this opportunity…

Among other things, Plaintiff Jane Doe seeks certain limited discovery on the facts and circumstances leading to Plaintiff’s signature on the document(s) at issue and whether Plaintiff should be subject to a Scientology “arbitration.”

Scientology, naturally, is against the idea, and adopts its usual ridiculing tone, and accuses the Jane Doe 1 team of actually submitting a motion for reconsideration without calling it that.

They point out that Jane Doe 1 actually already provided a lengthy narrative about the circumstances around the signing of the 2002 contract that is at issue in regards to arbitration, and so no more discovery is necessary.

We excerpted that narrative in its entirety, and it was very interesting to see that in 2002 Jane Doe 1 had traveled to the Flag Land Base in Clearwater, Florida with Lisa Marie Presley, her good friend, but also because her mother was there on course.

She said that she was told to sign the document merely as a way to remain at the base, and not because she was actually taking courses.

Also, she pointed out that the 2002 document, while it carries her signature, was not also signed by any Scientology official, even though there’s a place on the contract for such a signature.

Scientology addressed that in this new filing…

Plaintiff incorrectly argues that the Agreement is not enforceable because it was not signed by Defendants. This is not a Buckeye Note 1 Exception because, in this circumstance, Plaintiff is the obligor (the party required to perform the contractual provision – the obligation to arbitrate) and the Church Defendants are the obligees (the party to whom the performance is owed – the party demanding arbitration). Plaintiff does not dispute that she, the obligor, signed the Agreement. The “defense” that Defendants didn’t sign the Agreement also would not require discovery. Plaintiff asserts it based on the face of the Agreement, and therefore, it presents no basis to permit discovery. Even if the Court were to incorrectly reach the question, the argument is meritless. See Angell v. Rowlands, 85 Cal.App.3d 536, 542 (1978) (“In the absence of a showing that the contract is not intended to be complete until signed by all parties, the parties who did sign will be bound.”).

We’d be interested in hearing from our attorney readers what they think about Scientology’s comeback.

We won’t have to wait long to find out how this is going to turn out. Tomorrow morning in court we’ll see how Judge Robert Broadbelt handles this emergency request, and whether he gives Jane Doe 1 some limited discovery to help her prepare for the February hearing on whether her lawsuit should get sidelined into the legal limbo of Scientology arbitration.

 
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Technology Cocktail/

“Recent researches I have done in the field of aesthetics tend to indicate that rhythm is the source of present time. The thetan is carried along both by his own desire to have, do or be and by having been overwhelmed in the distant past by a continuous minute rhythm. This is a possible explanation of a thetan’s continuous presence in Present Time. Present Time, then, can be defined as a response to the continuous rhythm of the physical universe, resulting in a hereness in nowness.” — 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

Source Code

“Just this morning I am in correspondence with the Atomic Energy Commission on some material and have been for the last year and a half. We have some answers in mathematics in which they’re very interested, and so forth…If a man is burned today, he’s going to suffer because of it. There isn’t much going to interrupt the course of that fission burn except Scientology…Atomic radiation isn’t actually too hard to handle on an alleviation basis — on an assist basis — if your boy is not in too bad condition, if preclear is not too bad condition.” — L. Ron Hubbard, November 5, 1956

 
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Avast, Ye Mateys

“No need to get too excited about ‘la grippe.’ It is about a 36 hour malady if correctly treated with Kemacetin. Kemicetin (or any anti-biotic) is given to get the temperature sub-normal and kept sub-normal until the temperature can’t be depressed any longer. Then the person is well. M.D.s don’t know this. It’s the secret of using anti-biotics. YOGHERT must be given for several days to anyone who has been on oral anti-biotics. It restores the natural colonic bacteria. This is killed (along with bad germs) by oral anti-biotics and must be restored. I think the consul’s cancellation of the big-wig reception and the ‘reporter’ made people a bit PTS. It’s unusual for Scns to get ill unless they’re PTS.” — The Commodore, November 5, 1969

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Overheard in the FreeZone

“We are incredibly lucky to be here on this planet at this time, so as to take advantage of this original opportunity to be freed. It hasn’t existed anywhere else ever. From time to time, you can see our ideas reflected in modern culture as time goes forward. And the basic ideas may infiltrate our culture for a long time. But ultimately, Scientology, to be fully effective, requires trained auditors and administrators. There’s just no way around it. That’s where we come in. We are, in effect, the ‘shepherds’ of a new civilization.”

 
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Past is Prologue

2001: Popular web site somethingawful.com was the recipient of a complaint from Scientology for an article they ran comparing Scientology to the Taliban. “A guy known mysteriously as ‘GST’ e-mailed me about my article which compared the Taliban to Scientology. He wanted me to take it down because it was hateful and he whined about the fact that Scientology was helping the victims of the WTC attack put their lives back together – with ‘E Meters’ of course. Today Lowtax notified me that The Church of Scientology was initiating some sassy legal action against us. They had contacted our web host CAIS and essentially threatened to sue them for over a hundred thousand dollars unless we removed a copyrighted photo of L. Ron Hubbard from Something Awful. The photo in question was of L. Ronnykins in some stupid captain’s hat looking wistfully out at the piles of money he’s raped out of people’s bank accounts or something. We took the photograph down and replaced it with a rendering of L. Ron Hubbard. It turns out that we were wrong. By unsheathing their mighty legal sword the not-at-all insane Church of Scientology has proven to us that they are in fact a benevolent religion. We’ve also decided to begin a campaign to show our support for the Church of Scientology, which really is looking out for the good of all mankind. I encourage all readers of Something Awful to try their hand at creating an exciting and uplifting work of art based on Scientology.”

 
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Random Howdy

“Goodnight everyone and get your rest because tomorrow we travel further up the McSavage River into the Heart Of Darkness.”

 
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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] PODCAST: Looking back at the third week of testimony in the Danny Masterson trial
[TWO years ago] Finally, a (mostly) full and accurate transcript from one of Scientology’s darkest days
[THREE years ago] The Top 25 People Enabling Scientology, No. 9: The San Bernardino Sheriff’s Office
[FOUR years ago] AUDIO LEAK: You’re invited to a Scientology TV watch party at the Portland org!
[FIVE years ago] Who Scientology’s ‘Int Base’ is rooting for in tomorrow’s local election
[SIX years ago] Shakeup at Narconon Arrowhead: Former worker dishes fresh intel on Scientology’s rehab flagship
[SEVEN years ago] An enduring myth in Scientology — that L. Ron Hubbard actually read your letters
[EIGHT years ago] Hey, Miscavige, quit calling Leah Remini names and produce your wife already
[NINE years ago] Ken Dandar files another court appeal to get out of Scientology’s million-dollar noose
[TEN years ago] Luis Garcia Responds: We Don’t Trust Scientology’s Trustee Ploy
[ELEVEN years ago] Dianetics Read Aloud: Let Ron’s Wisdom Wash Over You

 
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Posted by Tony Ortega on November 5, 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