Scientology succeeds at putting Jane Doe 1 forced-marriage lawsuit on hold
Scientology succeeds at putting Jane Doe 1 forced-marriage lawsuit on hold
Meghann Cuniff sent us this report from court this morning. Make sure you check out her Substack for the latest reporting from LA courts, where Judge Robert Broadbelt today considered Scientology’s motion to put Jane Doe 1’s forced-marriage lawsuit against Scientology, its leader David Miscavige and a Sea Org recruiter named Gavin Potter on hold until their attempt to derail her case in favor of “religious arbitration” can be heard…
Carmen Scott and Linda Singer of the law firm Motley Rice appeared in court, as did lawyer Graham Berry, a solo practitioner in Los Angeles. Attorneys for the Church appeared via video. Attorney Matthew D. Hinks did the talking for the Church. Carmen Scott did the talking for Jane Doe 1.
She began by alerting Judge Robert Broadbelt that Jane Doe 1 was present in the courtroom.
“I want to make sure her presence is noted,” Scott said.
Scientology lawyers submitted on the tentative ruling, but Scott said she didn’t submit, so Broadbelt heard argument from her. She said Broadbelt is not legally required to stay a case over an unlawful arbitration agreement, and “this arbitration agreement is invalid as a matter of law.”
“All arbitrators in a Scientology-enforced arbitration must be Scientologists in good standing. That is far from a public forum,” Scott said.
Scott argued Broadbelt is not precluded “from invalidating a wholly irrelevant arbitration agreement.” Scott said Congress’ 2021 Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act should render any arbitration agreement involving Jane Doe 1 invalid because her lawsuit involves sex assault claims.
“In summary there is no valid arbitration agreement as a matter of law here. As such, there is no arbitration agreement to compel, and it follows that there is nothing to stay,” Scott said.
The Church’s lawyer Matthew Hinks said Broadbelt’s tentative ruling is correct that a stay is mandatory, and that the current issue is not the motion to compel arbitration, but the motion to stay.
“We don’t think the court can reach the merits of the arbitration motion. We don’t think it should. Your Honor has moved up the date for that motion to be heard in February,” Hinks said.
“We disagree, obviously, with the counsel’s contention that [2021 law] has any application at all to this case,” Hinks said.
Scott told Judge Broadbelt she wanted him to allow limited discovery related to the arbitration issue, but Broadbelt pointed out that she hasn’t filed a written motion and “as a matter of due process I don’t think it’d be fair to address that.”
— Meghann Cuniff
Thank you for that report, Meghann. So Scientology gets its way, and Jane Doe 1’s lawsuit is put on hold until February (not May, at least) when Scientology’s motion to force the case into religious arbitration will be heard.
Another victory for Scientology, which manages to put another case in limbo, at least for a few months.
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They say that dogs and their owners begin to look alike. Well, Gavin you’re certainly starting to look like your owner. Who’s a goodboi? Sit! Now reg!
I was afraid it had been forced into arbitration. As long as it’s not forced there, that’s a good thing. Given the delays in this case already, 2 years is really looking like a pipe dream for a trial date.