Danny Masterson suits derailed

mimsey borogrove

Well-known member
Danny Masterson Harassment Cases Must Go Through Scientology Arbitration
Halle Kiefer 2 hrs ago

According to a judge’s determination on Wednesday, allegations of stalking and intimidation made by four people against Danny Masterson have to be mediated by the Church of Scientology. According to Variety, Los Angeles County Superior Court Judge Steven Kleifeld ruled the civil complaints filed by the actor’s accusers, Chrissie Carnell-Bixler, her husband, Mars Volta’s Cedric Bixler-Zavala, and two Jane Does, must go into “religious arbitration” because “an arbitration agreement already exists among the parties that compels disputes to be handled by the Church of Scientology.” The judge did not rule on a complaint filed by another accuser, Marie Bobette Riales, who has no affiliation with Scientology and does not have an arbitration agreement.

Danny Masterson Harassment Cases Must Go Through Scientology Arbitration (msn.com)
 

mimsey borogrove

Well-known member
DANNY MASTERSON ACCUSERS DENIED RIGHT TO TRIAL, FORCED TO ‘RELIGIOUS ARBITRATION’
By Tony Ortega | December 31, 2020

Judge Kleifield granted the Church of Scientology’s motions to compel religious arbitration, staying the lawsuit in the case of the former Scientologists — Chrissie Carnell Bixler, her husband Cedric Bixler-Zavala, and two women going by the names Jane Doe #1 and Jane Doe #2. The lawsuit continues for the fifth plaintiff, Bobette Riales, who was never a Scientologist.

This does not affect Danny Masterson’s criminal case, which is an entirely different matter. This only regards the civil lawsuit that four of his rape accusers had brought (and the husband of one of them) regarding harassment since they came forward to the LAPD with their rape allegations.

More and Legal docs at link

DANNY MASTERSON ACCUSERS DENIED RIGHT TO TRIAL, FORCED TO ‘RELIGIOUS ARBITRATION’ | The Underground Bunker (tonyortega.org)
 

The Oracle

Not the same Oracle from a decade ago
This is Religious Cloaking and the lack of justice in the cowardly “ no justice” court system
I am never reading another Scientology lawsuit article ever again.
There is no hope people will ever get around the religious cloak
 

mimsey borogrove

Well-known member
It's pathetic that judges routinely duck the issue, when it is clear cut. Like the Garcia's fraud case. What does that have to do with religion? The Masterson rapes have nothing to do with the Scientology religion.

I guess Hubbard was right on this count when he said Man can't be trusted with justice.

Mimsey
 

mimsey borogrove

Well-known member
This goes from bad to worse as the Judge allows Masterson to sit in the Arbitration.

"Worst part in the Scientology ‘arbitration’ ruling? Danny Masterson can participate.

"But Judge Kleifield somehow made it even worse. Because in his ruling, he decided that Danny Masterson can participate in the arbitration.

"If you remember, it was one of our commenters who brought up the point that if these women are under a protective order in the criminal case, how could they be asked to face their alleged rapist in an arbitration? That suggestion led us to speak with Texas attorney Ray Jeffrey, who has a history of successful litigation with the church, and he agreed that this would be an issue, pointing to the provisions of “Marsy’s Law” which should offer the women protection in such a situation.

"The very next day attorneys for the women brought up Marsy’s Law in court papers, and also brought it up in a court hearing held December 18.

"But in his ruling, Kleifield swept away those concerns with a single line:

“Masterson does not object to participating in the arbitration and may therefore participate.”

"Not only is it stunning that these women would be asked to participate in Scientology’s one-sided proceeding with the man they say violently raped them, but anything said in such a setting could actually jeopardize the criminal case.

See link for full post - but more than that - read the comments. Astounding

Worst part in the Scientology ‘arbitration’ ruling? Danny Masterson can participate. | The Underground Bunker (tonyortega.org)
 

mimsey borogrove

Well-known member
I'm guessing this will drag out, much like the Garcia's, with fights over member selections while the Justice Chief poisons the waters the Com Eve member pool with prejudicial policy. But isn't that the point of Scientology litigation - to use the courts to harass? Hope they go away?

His participation may be a moot point in the end - if Danny winds up in the slammer for the criminal charges, he likely won't show up for the arbitration, will he?

Mimsey
 

HelluvaHoax!

Well-known member
......if Danny winds up in the slammer for the criminal charges, he likely won't show up for the arbitration, will he?
.
Well, I think he certainly can show up for arbitration. All he has to do is make it go right to convince the California state legislature to pass a criminal reform bill wherein LRH policies are adopted and standardly followed in their prison system.

Then Danny can CSW to leave prison (permanently) as long as he has a replacement for his post of prisoner (e.g. a non-celebrity Scientologist) who will cheerfully do his time so Danny's planet-clearing efforts at Celebrity Centre are not Dev'Td.

.
 

Karakorum

Broke ranks over 10 years ago, never looked back
It's pathetic that judges routinely duck the issue, when it is clear cut. Like the Garcia's fraud case. What does that have to do with religion? The Masterson rapes have nothing to do with the Scientology religion.

I guess Hubbard was right on this count when he said Man can't be trusted with justice.

Mimsey
As weird as it sounds, the court decided that scn members signed an agreement that any and all issues between this member and the member, from then on till the end of time will be under arbitration.

So, even if something wrong happens after they left scientology and they try to sue scientology in the US, they will be moved to arbitration.

Whoever signed these papers is from then forever on banned from suing scientology.
 

mimsey borogrove

Well-known member
They were betting on their cloak of religious exemption to prevent scrutiny of their contracts, which for any other organization would be contracts of adhesion, and thus attackable. If that cloaking ever gets pierced, and a legal precedent be set, they would be wide open.

We can only hope.

Mimsey

An adhesion contract (also called a "standard form contract" or a "boilerplate contract") is a contract drafted by one party (usually a business with stronger bargaining power) and signed by another party (usually one with weaker bargaining power, usually a consumer in need of goods or services).
Adhesion Contract (Contract of Adhesion) | Wex | US Law | LII / Legal Information Institute (cornell.edu)

Adhesion contracts are prevalent because they are practical and efficient, help facilitate trade, and streamline business and commercial transactions. The transaction costs of transacting routine business like renting a car or hotel room would be extremely high if parties had to negotiate over every detail in the contract. Adhesion contracts are streamlined, predictable, provide uniformity, and cut down on negotiations that can draw out the time and cost of drafting contracts.

These contracts, however, also come with several drawbacks, the most important being the lack of bargaining parity between the two parties to the adhesion contract. The party signing the contract gives up the bargaining power that she typically has under the traditional model of contract formation.[7]

The general rule is that an adhesion contract is valid and fully enforceable, unless it’s unconscionable to the party that’s signing it.[8] Unconscionability, though an elusive term that is often hard to define,[9] can be determined by reference to the following factors:[10]

· extreme inequality of bargaining or economic power between the drafter and signer;

· contract phrasing or language that a non-lawyer signer would not understand;

· exploitation of the underprivileged, unsophisticated, uneducated and the illiterate;

· imbalance in the obligations imposed by the contract; or

· contract provisions that are inconsistent with the signing party’s reasonable expectations.[11]

Courts will look to these factors to determine whether the contract is so unfair that its enforcement would be against public policy.

The Enforceability of Adhesion Contracts (lawshelf.com)
 

freethinker

Controversial
Danny Masterson Harassment Cases Must Go Through Scientology Arbitration
Halle Kiefer 2 hrs ago

According to a judge’s determination on Wednesday, allegations of stalking and intimidation made by four people against Danny Masterson have to be mediated by the Church of Scientology. According to Variety, Los Angeles County Superior Court Judge Steven Kleifeld ruled the civil complaints filed by the actor’s accusers, Chrissie Carnell-Bixler, her husband, Mars Volta’s Cedric Bixler-Zavala, and two Jane Does, must go into “religious arbitration” because “an arbitration agreement already exists among the parties that compels disputes to be handled by the Church of Scientology.” The judge did not rule on a complaint filed by another accuser, Marie Bobette Riales, who has no affiliation with Scientology and does not have an arbitration agreement.

Danny Masterson Harassment Cases Must Go Through Scientology Arbitration (msn.com)
There is no allowance for religious arbitration in the Constitution.
 

Karakorum

Broke ranks over 10 years ago, never looked back
The point in these cases is that the people involved in these lawsuits need to realize they are facing something much bigger than themselves.




No, by "bigger" I do not mean the church of scientology. I mean the peculiar institution of American religious arbitration.
The problem is that scientology is just a minor cog in the grand scheme of things. The vast majority of people in the US who go through religious arbitration are not facing a scientology court. Instead they are facing sharia tribunals, rabbinical rulings and evangelical panels.

In short: any ruling that would undermine the legitimacy of scientology "arbitration" causes, would also undermine evangelicals and the sharia tribunals that operate in America.

Scientology is just hiding in the shadow of "the big boys". The real problem lies with the Christians, Jews and Muslim who have enabled this process in the first place. Scientology just went along for the ride.




 
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