Jane Doe 1: Scientology’s forced arbitration shouldn’t apply in a lawsuit about sex abuse

Two weeks from today, the forced-marriage lawsuit filed by Jane Doe 1 will face its biggest challenge so far, and one that readers here at the Bunker are only too familiar with: A motion from Scientology asking the court to force the case into its own internal “religious arbitration.”

We’ve seen several other lawsuits filed by former Scientologists get derailed this way in recent years as judges have been swayed by Scientology’s “a contract is a contract” argument.

In this case, Scientology argues that in 2002, while on a trip to the Flag Land Base in Clearwater, Florida, Jane Doe signed a contract for religious services which included the notorious arbitration clause. By signing that contract, Scientology argues, Jane Doe is obligated not to sue the church in court — even years after she’s left the organization.

Now, Jane Doe’s attorneys have filed a new opposition to the motion, and we thought you’d want to see some of the specific language in it.

Here’s how it opens…

The arbitration provision within the Church of Scientology Flag Service Organization Religious Services Enrollment Application, Agreement, and General Release (the “Agreement”) is unenforceable. As a matter of law, the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (“EFAA”) prevents the arbitration of this sexual assault dispute, and the rule of McGill v. CitiBank protects Jane Doe’s right to public injunctive relief. 9 U.S.C. §§ 401-402; (2017) Cal.5th 945, 951. Moreover, the unconscionable Agreement (a contract of adhesion containing arbitration provisions nestled indistinctly in a lengthy contract) imposes arbitration obligations nonmutually and describes arbitration procedures so vaguely that any consent was unfair and unknowing. The agreement, which was forced upon Jane Doe under high pressure and misleading circumstances, is additionally invalid and unenforceable as a matter of fact because Defendants never accepted the Agreement, as evidenced by the lack of their signature.

Later, there’s a brief rundown of the case…

Plaintiff Jane Doe was born into Scientology and joined its Sea Organization (“Sea Org”) at age 14 in 1989. At the direction of Defendants, Gavin Potter, then a highly valued Sea Org recruiter who was ten years Jane Doe’s senior, took charge of Jane Doe within Sea Org. In doing so, he repeatedly sexually assaulted Jane Doe when she was a minor. Rather than protect Jane Doe from Potter, Scientology officials responded to the abuse by forcing Jane Doe (a 17-year-old minor at the time) to marry Potter. Potter coerced and compelled Jane Doe to have repeated sexual intercourse throughout their forced marriage. At age 19, she became pregnant with his child. Jane Doe divorced Potter in 1997.

Five years after that, Jane Doe went to the Flag Land Base to spend time with her good friend, Lisa Marie Presley, and she was told that she had to sign a contract in order to be there, even though she wasn’t taking services at the time.

Jane Doe was not given time to read the document and was threatened with potential punishment if she refused to sign. Defendants represented that the document’s purpose was to permit her to remain at FLAG. Defendants did not explain that this Agreement could force her to arbitrate claims, especially not claims related to acts that occurred a decade earlier. Jane Doe, who had been taught all her life to follow Church orders without question, signed the agreement.

Scientology has been unable to provide any documents disproving Jane Doe’s version of events, that she didn’t sign the contract in order to receive services but only because she was spending time at the base. And besides, they point out, even if Jane Doe signed the contract, no one from Scientology did.

One of the seemingly strongest arguments that Jane Doe’s team has is that Congress itself recently passed litigation barring forced arbitration in cases of sexual assault.

The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act “became law in March 2022. The law provides groundbreaking protection for survivors of sexual abuse and harassment by ensuring that ‘no predispute arbitration agreement . . . shall be valid or enforceable with respect to a case which . . . relates to [a] sexual assault dispute or [a] sexual harassment dispute.’ ‘The premise of this legislation is simple: Survivors of sexual assault or harassment deserve their day in court. They should be able to choose whether to bring a case forward, instead of being forced into a secret arbitration proceeding where the deck is stacked against them.’ (Statement of Sen. Durbin). Defendants have not disputed that Jane Doe’s claims are related to a sexual assault dispute.”

Also, they point out that the sexual assaults make this case very distinctive from the Garcia 2013 lawsuit, which was forced into arbitration, a case that Scientology relies on heavily in its motion. The two cases are very different, Jane Doe’s attorneys point out, and they also dig into the usual objections to Scientology’s own brand of arbitration. Notably, for example, that L. Ron Hubbard left behind no rules for arbitration and so the church is making up the rules as it goes along.

We’ve certainly seen that taking place in other cases, like Garcia. And it’s been incredibly frustrating to see judges throw up their hands and say they have no way of standing in the way of Scientology enforcing a contract.

Congress gives this court the right to take a stand in a lawsuit that involves sexual assault. But will Judge Robert Broadbelt III see it that way? We’ll find out in a couple of weeks.

 
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Technology Cocktail

“For many years, 1950 onward, a Dianetic auditor was proudly capable of resolving mental and physical problems by his ability to find and run engrams and secondaries. The Dianetic auditor had no other skill or tools than his understanding of mental image pictures, as locks, secondaries and engrams and the time track. With these tools he produced many miracles. Broken bones healed in two weeks instead of six, withered limbs restored, burns vanished, swellings reduced visibly to nothing, lives wrecked by grief and loss recovered, women lost their aging wrinkles and sought-after abilities returned.” — 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

 
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Source Code

“Let’s be some distance from the body, if possible. Some distance from the body and find some places where you are not. Some more places where you are not. Now some things from which you are not exteriorizing. Some things you’re not at this moment getting out of. And now some things that aren’t pulling you into them. And some things you are not getting out of. And now some things you’re not stuck in. Some more things you’re not stuck in. Now some energy masses that aren’t wrapping themselves around you at this moment. All right. Now some energy masses you aren’t wrapping yourself around at this moment. And now some effort you are not at this moment trying to get out of. Some effort you’re not trying to keep from expending at this moment. All right.” — L. Ron Hubbard, March 12, 1954

 
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Avast, Ye Mateys

“SOURCE TO CAUSE: I’ve heard it said that as ‘source’ I should handle something way outside my general activity. This is a confusion between SOURCE and CAUSE. Whereas I am source of data, overall coordination and planning, You are CAUSE over your area. Results are the effect of your own efforts. When these support general programmes we all win. You should not minimize yourself as CAUSE. It is your greatest ability. Being Blamed sometimes blunts Being Cause. But if one’s total ambition is to be blameless the best situation is to get one’s name on a tombstone. And it’s no fun being dead. Being CAUSE over Matter, Energy, Space, Time, Force, Form, Location and Life is just another way of saying ‘OT’.” — The Commodore, March 12, 1970

 
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Overheard in the FreeZone

“Our eyes gather perception stereoscopically with very limited sensors that only map three colours out of millions. When people first go exterior they use their BTs to translate their limited perception into something similar to what eyes see. That gets mixed up with lots of facsimiles. Theta perception is very different from what eyes see. Theta beings in a higher state of awareness do not look AT things. They surround and permeate. Light is actually somewhat of a distraction.”

 
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Past is Prologue

1997: Reuters reported the unlikely-sounding story of a bomb disposal at a French Scientology org this week. “A member of the Church of Scientology found and defused a powerful bomb Friday in a church in the western town of Angers, police sources said. They said the device, concealed in a sports bag, was found in the entry hall shortly after the Scientology church, near the town railway station, opened in the morning. The Church member who found it carried it to a nearby park and defused it himself. Eyewitnesses said it had been primed to explode minutes later. ‘The explosive device was made to kill and was very powerful,’ one investigator said. There was no immediate claim of responsibility and no indication of the motives behind the attack.”

 
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Random Howdy

“I’m not ‘hating’ on anybody — especially folks I don’t even know — but on the other hand I don’t believe in turning a blind eye in order to maintain a positive front. My sister undoubtedly put her kids in the Sea Org, and for that I could never forgive her.”

 
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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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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] Celebrity Sunday: Jim Meskimen, Terry Jastrow, and… Helena Kobrin?
[TWO years ago] Scientology wants you to dress up like a pirate before it takes your booty
[THREE years ago] UCLA’s voice of the Rose Bowl & Pauley Pavilion scores Scientology Super Power!
[FOUR years ago] The new Scientology OT 8s are here! Masters of matter, energy, space, and time!
[FIVE years ago] Scientology TV debuted one year ago, and it’s still unwatchable propaganda
[SIX years ago] Tonight, ‘Vanity Fair Confidential’ brings the Shelly Miscavige story to the ID network
[SEVEN years ago] David Miscavige wants to turn Clearwater into Scientology’s Vatican — but can he?
[EIGHT years ago] Meet the guy Scientology is relying on to get the ‘disconnection’ billboard stopped
[NINE years ago] DOX: Two early Dianetics supporters, including the E-meter inventor, turn against Hubbard
[TEN years ago] Vivian Kubrick posts remarkable photos from the sets of her father’s movies
[ELEVEN years ago] Scientology Starts Out as Staring Contests

 
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Posted by Tony Ortega on March 12, 2024 at 07:00

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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