As expected, four former Scientologists suing Danny Masterson and the Church of Scientology filed a petition yesterday with California’s 2nd Appellate District, asking the court to reverse a December 30 ruling by Los Angeles Superior Court Judge Steven Kleifield that denied them a right to trial and forced their case into Scientology’s internal “religious arbitration.”
Scientology’s attorneys convinced Judge Kleifield that contracts signed by the four former Scientologists obliged them to take their grievances to arbitration rather than to court.
The petition will need to convince the appellate court that an extraordinary situation exists that calls for intervening in the lawsuit and reversing Kleifield’s ruling. But the appeals court is under no obligation to take up the matter and in fact such petitions are not commonly granted.
Last year a similar attempt was made by Valerie Haney, who was represented by the same legal team and also had her lawsuit against the church derailed by a ruling in favor of Scientology arbitration. The appellate court denied her petition on grounds that Haney had waited too long to file it.
This time the lawyers representing Masterson’s accusers — Chrissie Carnell-Bixler, her husband rocker Cedric Bixler-Zavala, and two women going by the names Jane Doe #1 and Jane Doe #2 — filed more quickly, and they also have a big difference from Haney’s case to point to, and that’s Marsy’s Law.
This civil harassment lawsuit is separate from the criminal prosecution that has Masterson facing 45 years to life in prison for raping Carnell-Bixler and the two Jane Does, but because he was charged in criminal court the women were given a protective order against Masterson, and they have special protections under Marsy’s Law as victims of sexual assault.
Forcing them into an arbitration proceeding with Masterson — who has indicated that he does plan to participate — would violate the rights these women have under California’s constitution, they argue, and they are trying to convince the appellate court that this is an extraordinary situation and a novel one. And another layer also makes it unique, they argue, that former members of a religion are being told they have to participate in what amounts to a religious ritual in the organization they have left behind.
Are rape victims protected against being forced into a so-called religious services arbitration with their perpetrator and his agents during the pendency of the criminal case where A) the criminal court issued a protective order against the perpetrator and B) the California Constitution guarantees against the harassment of crime victims? These issues warrant review to determine the proper analysis of the First Amendment right to freedom of religion, including the right to exit a religious organization, and petitioners’ rights under Marsy’s Law while criminal proceedings are ongoing in the context of “religious services arbitration agreements” drafted and imposed by a religious institution.
It’s certainly an unusual situation, but enough to make the appellate court get involved? Let us know what you think the odds are that this petition succeeds.
Meanwhile, the fifth plaintiff in the lawsuit, Bobette Riales, was never a Scientologist, so the arbitration decision didn’t affect her. As we said earlier, the fate of her part of the lawsuit is scheduled to be decided on March 8, when Judge Kleifield will decide whether her part of the suit should be put on hold or can proceed without the others.
SOME OF OUR PAST REPORTING ON THE MASTERSON CASE
March 3, 2017: LAPD probing Scientology and Danny Masterson for multiple rapes, cover-up
March 8, 2017: Danny Masterson: Victim C gets support from a veteran actress
March 11, 2017: Scientology made Danny Masterson’s Victim B search past lives to explain being raped
May 9, 2017: Masterson hires Michael Jackson criminal defense attorney Tom Mesereau in rape probe
Nov 2, 2017: Read the threatening letter Danny Masterson’s attorney Marty Singer sent a victim’s husband
Nov 26, 2017: EXCLUSIVE: Scientology interrogated Danny Masterson and accuser, didn’t notify LAPD
Feb 14, 2018: PROSECUTORS PREPARE CHARGES CARRYING LIFE SENTENCE FOR DANNY MASTERSON
July 8, 2018: Masterson witness fears for safety as investigation drags on and on
Nov 30, 2018: LEAH REMINI: Los Angeles DA Jackie Lacey, do your job already
Aug 14, 2019: RAPE ACCUSERS SUE DANNY MASTERSON, CHURCH OF SCIENTOLOGY, AND ITS LEADER
Jan 22, 2020: Cedric Bixler-Zavala blames Scientology for poisoned dog he had to put down yesterday
Feb 3, 2020: Here’s Scientology actor Danny Masterson’s legal response to his rape accusers
Feb 10, 2020: Another dog poisoned: Bobette Riales says harassment worse since suing Scientology
Feb 26, 2020: SEVENTH victim comes forward to LAPD accusing Scientology actor Danny Masterson
Feb 29, 2020: Amended complaint filed against Danny Masterson with new stalking allegations
March 14, 2020: Danny Masterson’s victims speak out in sworn documents in lawsuit against Scientology
May 4, 2020: Masterson: Drop me from Scientology lawsuit if the ‘Jane Does’ won’t name themselves
June 17, 2020: SCIENTOLOGY CELEB DANNY MASTERSON CHARGED ON MULTIPLE RAPE ALLEGATIONS
June 19, 2020: Records show that Danny Masterson is a woeful Scientologist — would he turn on the church?
June 23: 2020: The key thing about Danny Masterson’s ‘DJ Donkey Punch’ nick is why he stopped using it
Oct 11, 2020: Danny Masterson asks to halt civil lawsuit while criminal case is ongoing, as expected
Oct 12, 2020: Bijou Phillips on her husband Danny Masterson: A macho ‘Strong Island’ guy
Oct 16, 2020: Danny Masterson ‘accidentally’ outs Jane Doe accuser after judge told him not to
Nov 16, 2020: Judge in Danny Masterson lawsuit doubts Scientology ‘arbitration,’ sets hearing
Nov 19, 2020: Danny Masterson takes another expensive and futile swipe at his criminal charges
Dec 1, 2020: If the feds are sniffing around, they might look at Danny Masterson’s besties
Dec 4, 2020: WHOA! Scientology to Judge Kleifield: Wrecking human lives IS our ‘commerce’
Dec 18, 2020: Jane Doe #1’s own attorneys flubbed and ID’d her and her IP address in court documents
Dec 24, 2020: Letter shows Scientology gave Jane Doe #1 permission to sue Danny Masterson in 2004
Dec 31, 2020: MASTERSON ACCUSERS DENIED RIGHT TO TRIAL, FORCED TO ‘RELIGIOUS ARBITRATION’
Jan 2, 2021: Worst part in the Scientology ‘arbitration’ ruling? Danny Masterson can participate.
Feb 11, 2021: Gretchen Carlson slams Danny Masterson and Scientology ‘arbitration’ to Congress
“The gross divisional statistic of HCO is letters out and letters in. Why? Because the Existence of an org is real to the public mainly by writing in and getting answered. The volume of letters out and letters in is wholly in the ability of HCO to control. After all, it is the HUBBARD COMMUNICATIONS OFFICE. When letters don’t go out in volume, the public and field don’t know the org is there. When letters come in and aren’t answered then the public jolly well knows the org isn’t there and gets ARC Broke about it as well! You can advertise. You must send out mags and these also say the org is there. But that personal communication to Joe, Joe’s reply and answering Joe is vital vital vital for Joe now knows you’re there.” — L. Ron Hubbard, February 24, 1966
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“ANCHOR: We will be at anchor until we leave Thursday evening. We will cut short our stay in the next port, arriving there the 26th and departing the 1st of March, giving us only 4 days there. This lets us take part in some celebrations in the port after next. Webspread will be very pleased — if he ever comes back.” — The Commodore, February 24, 1971
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“I have to say at this point I am wondering what a clean 10-year run of the Bridge as LRH intended and particularly the OT Levels might do for this planet and Scientology’s reputation. Imagine no quickie grades, allowing the PC to have his wins, correctly calling F/N’s, Ethics used to help rather than control or punish, attention to people rather than stats, OT levels where you don’t return home broke or ill, willing to take calls in the evening because you know it’s your Reg and friend down at the Org who is looking out for you and you know it. In the background of my mind the song ‘Imagine’ by John Lennon is playing. Imagine theta too.”
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1997: In preparation for next week’s protest in Clearwater, members of Scientology’s OSA began calling on a.r.s participants this week. From Maggie Council: “I got mine on Tuesday. I didn’t particularly want to talk to Bennetta Slaughter, who claimed to be Lisa McPherson’s best friend, but I spent a few minutes on the phone with her. It was the things she didn’t tell me that bothered me. Like that she also was Lisa’s boss at AMC Publishing in Clearwater. Like that she had been sent to ‘handle’ me, to convince me not to attend the candlelight vigil. And it bugged me that, for someone who just lost her best friend, she was more interested in dead-agenting Lisa’s family than finding out what really happened to her friend, amid all the contradictions. She didn’t tell me anything substantial, anything that could be independently verified, or anything to make me wonder anything other than why she was wasting my time telling me all this. I felt sorry for her. OSA has given her a tough job and I don’t think she’ll succeed.”
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“I seem to recall that a fear of heights is an engram caused by the thetan-occupied clam remembering being dropped by a seagull.”
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Full Court Press: What we’re watching at the Underground Bunker
Criminal prosecutions:
— Danny Masterson charged for raping three women: Masterson arraigned Jan 20. Next conf to set prelim, March 24.
— Jay and Jeff Spina, Medicare fraud: Jay’s sentencing delayed to March 2.
— Hanan and Rizza Islam and other family members, Medi-Cal fraud: Trial scheduled for May 20 in Los Angeles
— David Gentile, GPB Capital, fraud: Charged in Brooklyn federal court on Feb 4. Arraigned on Feb 9. Pretrial conference set for Apr 29.
Civil litigation:
— Luis and Rocio Garcia v. Scientology: Oral arguments were heard on July 30 at the Eleventh Circuit
— Valerie Haney v. Scientology: Forced to ‘religious arbitration.’ Petition for writ of mandate denied Oct 22 by Cal 2nd Appellate District. Petition for review by state supreme court denied Dec 11.
— Chrissie Bixler et al. v. Scientology and Danny Masterson: Dec 30, Judge Kleifield granted Scientology’s motions to compel arbitration. March 8: Status conference.
— Matt and Kathy Feschbach tax debt: Eleventh Circuit ruled on Sept 9 that Feshbachs can’t discharge IRS debt in bankruptcy. Dec 17: Feshbachs sign court judgment obliging them to pay entire $3.674 million tax debt, plus interest from Nov 19.
— Brian Statler Sr v. City of Inglewood: Second amended complaint filed, trial set for Nov 9, 2021.
— Author Steve Cannane defamation trial: Trial concluded, Cannane victorious, awarded court costs. Case appealed on Dec 24.
Concluded litigation:
— Author Steve Cannane defamation trial: Trial concluded, Cannane victorious, awarded court costs.
— Dennis Nobbe, Medicare fraud, PPP loan fraud: Charged July 29. Bond revoked Sep 14. Nobbe dead, Sep 14.
— Jane Doe v. Scientology (in Miami): Jane Doe dismissed the lawsuit on May 15 after the Clearwater Police dropped their criminal investigation of her allegations.
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SCIENTOLOGY BLACK OPS: Tom Cruise and dirty tricks
The Australian Seven News network cancelled a 10-part investigation of Scientology and its history of dirty tricks. Read the transcripts of the episodes and judge for yourself why Tom Cruise and Tommy Davis might not have wanted viewers to see this hard-hitting series by journalist Bryan Seymour.
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’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] DRONE FLYOVER: Saturday’s Scientology ‘Ideal Org’ opening in Ventura, California
[TWO years ago] In Scientology, every dollar you own is under constant attack
[THREE years ago] Scientology fires back at the Garcias, but reveals absolutely bonkers ‘arbitration’ instructions
[FOUR years ago] Whale watching, 2017 edition: Who’s keeping Scientology from sinking?
[FIVE years ago] Monique Rathbun is on the clock at the Texas Supreme Court, and more in our legal roundup
[SIX years ago] New government release contains a surprise: L. Ron Hubbard flunked out of high school, too!
[SEVEN years ago] Monique Rathbun files motion for contempt against Scientology defendants
[EIGHT years ago] OSCAR NIGHT LIVE-BLOGGING: Scientology on the Hot Seat with John Travolta and ‘The Master’
[NINE years ago] Scientology on the High Seas: Hubbard Welcomes the New Meat!
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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 2,222 days.
Katrina Reyes has not seen her mother Yelena in 2,726 days
Sylvia Wagner DeWall has not seen her brother Randy in 2,246 days.
Brian Sheen has not seen his grandson Leo in 1,266 days.
Geoff Levin has not seen his son Collin and daughter Savannah in 1,157 days.
Christie Collbran has not seen her mother Liz King in 4,464 days.
Clarissa Adams has not seen her parents Walter and Irmin Huber in 2,332 days.
Carol Nyburg has not seen her daughter Nancy in 3,106 days.
Jamie Sorrentini Lugli has not seen her father Irving in 3,910 days.
Quailynn McDaniel has not seen her brother Sean in 3,226 days.
Dylan Gill has not seen his father Russell in 11,792 days.
Melissa Paris has not seen her father Jean-Francois in 7,711 days.
Valeska Paris has not seen her brother Raphael in 3,879 days.
Mirriam Francis has not seen her brother Ben in 3,460 days.
Claudio and Renata Lugli have not seen their son Flavio in 3,721 days.
Sara Goldberg has not seen her daughter Ashley in 2,759 days.
Lori Hodgson has not seen her son Jeremy and daughter Jessica in 2,472 days.
Marie Bilheimer has not seen her mother June in 1,997 days.
Julian Wain has not seen his brother Joseph or mother Susan in 352 days.
Charley Updegrove has not seen his son Toby in 1,527 days.
Joe Reaiche has not seen his daughter Alanna Masterson in 6,078 days
Derek Bloch has not seen his father Darren in 3,227 days.
Cindy Plahuta has not seen her daughter Kara in 3,547 days.
Roger Weller has not seen his daughter Alyssa in 8,402 days.
Claire Headley has not seen her mother Gen in 3,521 days.
Ramana Dienes-Browning has not seen her mother Jancis in 1,877 days.
Mike Rinder has not seen his son Benjamin and daughter Taryn in 6,180 days.
Brian Sheen has not seen his daughter Spring in 2,286 days.
Skip Young has not seen his daughters Megan and Alexis in 2,688 days.
Mary Kahn has not seen her son Sammy in 2,560 days.
Lois Reisdorf has not seen her son Craig in 2,143 days.
Phil and Willie Jones have not seen their son Mike and daughter Emily in 2,638 days.
Mary Jane Barry has not seen her daughter Samantha in 2,892 days.
Kate Bornstein has not seen her daughter Jessica in 14,001 days.
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Posted by Tony Ortega on February 24, 2021 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, 1995-2020 Just starting out here? We’ve picked out the most important stories we’ve covered here at the Underground Bunker (2012-2020), 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
