Judge to rule that Jane Doe has proved Scientology arbitration ‘unconscionable’
Last night, Los Angeles Superior Court Judge Robert Broadbelt posted his tentative ruling before today’s hearing in Jane Doe 1’s forced-marriage lawsuit, and wow, it’s the kind of thing that many people have been waiting to hear about Scientology “religious arbitration” from a judge for a long time.
Judge Broadbelt is proposing to rule that not only does the new law signed by President Biden in 2022 prevent this lawsuit from being forced into arbitration because it involves allegations of sexual assault, he is also going to rule that Jane Doe’s team has proved that Scientology’s version of “religious arbitration” is so one-sided that it is “unconscionable.”
Finally! A judge who gets it!
Wow, this is really something. We expect that Scientology’s attorneys are going to howl during today’s hearing, which is scheduled to begin at 10 am in Los Angeles.
Jane Doe 1 is suing Scientology, its leader David Miscavige, and a Sea Org recruiter named Gavin Potter for forcing her to marry Potter after he assaulted her as an underage employee. It’s a grim set of allegations that charges Miscavige and Scientology with creating an unsafe environment for its workers, many of whom have been minors.
Scientology, however, dug up a 2002 contract signed by Jane Doe at the Flag Land Base in Clearwater, Florida that contains an arbitration clause. Scientology is asking the court to find that she is obligated not to sue, and should be forced instead to submit her grievances to Scientology’s internal justice instead. Similar contracts have derailed three other lawsuits filed in recent years by former Scientologists, including just last week with a labor trafficking case in Tampa.
Jane Doe, who was also a victim in the Danny Masterson case and is participating in the separate lawsuit against the actor and the church for harassment, has explained to the court that she did not sign the 2002 document for actual religious services, that she was at the Flag Land Base to spend time with her mother and her friend Lisa Marie Presley, and that the document was never signed by a Scientology official anyway.
Judge Broadbelt, in his tentative ruling, agrees with Jane Doe that her lawsuit should fall under the provisions of the new federal Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (“EFAA”), which was signed into law on March 3, 2022. Although her sexual assault allegations are from the 1990s, and the contract that Jane Doe signed was dated 2002, the dispute between the two parties did not arise until Jane Doe filed her lawsuit in December 2022, which was after the law went into effect.
The judge’s ruling on unconscionability is also rather stunning. He finds that Jane Doe’s testimony that she was forced to sign the agreement even though she wasn’t seeking services at the time is credible. And that she felt pressured to sign something she didn’t even read. Therefore, he finds a moderate level of “procedural unconscionability.”
Also, he points out that while Scientology’s contracts have church members signing away all of their rights to sue, Scientology itself doesn’t give up that right to sue the church member.
The agreement also forces a member to submit to Scientology arbitration over any grievance, but doesn’t require the church to do the same.
In other words, Scientology arbitration — at least as spelled out in the contract — is not mutual at all. And that, he finds, is “substantively” unconscionable.
The court finds that Plaintiff has established a high level of substantive unconscionability by showing that the arbitration provision set forth in the Agreement lacks mutuality and is “so one-sided as to shock the conscience.” Thus, because Plaintiff has established (1) a moderate level of procedural unconscionability, and (2) a high level of substantive unconscionability, the court finds that Plaintiff has met her burden to show that the arbitration agreement is unconscionable and therefore unenforceable.
Wow! This is huge.
We can’t wait to hear how it plays out in court today, and what sorts of arguments Scientology’s attorneys come up with to try and talk Judge Broadbelt out of making his tentative ruling final.
If he does adopt it as final, it will make three major rulings by Los Angeles Superior Court judges in recent weeks that have all gone against Scientology: Judge Upinder Kalra’s denial of Scientology’s attempt to gut the lawsuit of Danny Masterson’s victims, the ruling mostly preserving Leah Remini’s causes of action by Judge Randolph Hammock (who has been sent packing by David Miscavige), and now a repudiation of Scientology arbitration by Judge Broadbelt in Jane Doe’s forced-marriage lawsuit.
Could Scientology’s fortunes at LA Superior Court be turning against the church in a big way? Wow, wow.
Chris Shelton is going Straight Up and Vertical
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Yes, "this is huge"!
Excellent quoting of the judge's upcoming decision, which we'll see at 10am what comes out.
What is also always amazing is that there is a journalist like Tony so on top of this ongoing Scientology side legal tactics, and plaintiffs' cases today.
It was not like this ever, this type of detailed explaining and coverage daily, like Tony does, ever in the history of Scientology. Rare excellent articles and TV coverage would be done, years apart.
Nothing like the daily coverage, uptodate, like Tony's coverage and explaining.
Good judges, wanted, and some are out there. (I can't imagine even being a lawyer, let alone being a judge, I have to give praise to them for putting their smarts into service like they do, when they do weigh things in an open balanced way.)
I urge all to support the Tony Ortega substack.
That’s more like it! Congrats to plaintiff’s legal team and to plaintiff. Expecting that the criminal organisation known as the “church” of $cientology will make loud noises about “church!” and constitutional amendments etc etc.