[See our report from the court hearing here. Judge Killefer has decided to give Valerie one more chance to submit a ‘reasonable’ nomination.] Today, Valerie Haney and the Church of Scientology will once again be sparring in a Los Angeles courtroom over something the court is supposed to have no power over: Scientology’s “religious arbitration.”
I still find it astounding that a person can be abused for years by an organization *as per its own written policies* and then be forced to endure their abuser’s “justice” procedure, for which they can’t even seem to locate a written policy.
Not really. Having someone submit to religious "arbitration" is super unusual. One time I represented someone who was Orthodox Jewish against another Orthodox Jewish person, and I suggested that we move the dispute to a Beit Din (religious court) but we couldn't reach agreement. But was not a matter of mandatory. I just thought it might be quicker that way.
As I've mentioned before, as a California lawyer, I'm astounded that the court has mandated this arbitration. Especially in employment situations, there are parameters that an arbitration provision must meet, including the ability of the person signing the arbitration agreement to read the rules. Often this is a link to the American Arbitration Association Rules or other established rules. The fact that, even now, she can't see the rules is mind blowing. I can't understand how that even remotely complies with the requirements under CA law. [Note: this is not legal advice or solicitation]
"...the new judge in the case, Gail Killefer, told Valerie that she had to begin the arbitration process or risk having her lawsuit thrown out." In my mind, going through the church of scientology's process in basically the same thing as having your lawsuit thrown out.
I may be remembering things incorrectly -- please let me know if I am -- but didn't Valerie have some interactions with many if not all of these people she's nominated? So it's not like some public Scientologist from the other side of the country, who had no interaction with and did not work in or near Gold and/or the Celebrity Center, decided that they wanted Tom Cruise as an arbiter (although there's nothing in the "rules" that would prevent them from doing that). I mean, maybe it wasn't so cheeky, is what I'm saying. I don't think it's frivolous to select people you actually know, and given that Shelly was at least at one point a figure of considerable power and who, by all accounts, had some reputation for at least making a faint attempt to be fair to people (and is also a fellow woman), imo it's not frivolous in the least to name her to the panel.
(Again, of course, I might be wrong. I need to go back and reread Valerie's story.)
Valerie was Shelly Miscavige's personal assistant for years. Not many people got as close to Dave and Shelly as she did. Valerie would have had dealings with all high ranking public Scientologists, I imagine.
I expect the judge to table all motions and issue a written opinion in a few days (or months). What she will rule is up to her, but I see some sort of compromise in the future. A same sort of compromise that sent the Garcias to $cieno 'arbitration'. Enough of this hiding behind a 'we're a religion and you can't rule on our procedures' excrement. Until a much higher court finds the 'arbitration' to be bogus, nothing will change.
What is really needed are laws with similar 'look back' provisions that allow all of the formerly abused staff and sea org members to sue al la what the Catholic Church got. I can hope for a new Federal law that does that, but my hopes have been dashed before.
Some of my favorite people in the world are devout followers of some kind of Abrahamic religion, and all are kind, empathetic, intelligent people. It's not my cup of tea, but I see how these individuals continue to evolve into more loving and compassionate versions of themselves via their faith. Religions as institutional entities seem, to me, generally speaking, to be the source of much barbarity, injustice, murder, slavery, and basic b flat evil in human history, their contributions to the fields of philosophy, the arts, and the sciences notwithstanding.
BUT, scientology? That "religion"? None-as in zero, naught, nada-of its concepts, practices, or so-called scriptures have any redeeming value or inherent truth in them. It's a scam, a Crowleyian hustle...conceived via years of pill-popping, wife-abusing, check-kiting, circle-jerking, child-kidnapping, narcissistic bait-and-switch hustling, international-law-breaking shenanigans by that that Towering Turd Of Thetanic Trolling, El Con Blowhard.
Any judge who invested just ONE good work day in reading about this "church's" history(6+ decades!) of vexatious litigation could certainly cite the appropriate case law to put an end to this group's bool-sheet...
Valerie did what was asked of her. Scientology is the obstructionist. I do hope there is a judge who sees that. However, I’m not holding my breath. People who aren’t constrained by silly things like truth, laws, ethics, etc. generally scream when others try to point that out, but they continue to ignore the rules because when you have no conscience it doesn’t matter.
I still find it astounding that a person can be abused for years by an organization *as per its own written policies* and then be forced to endure their abuser’s “justice” procedure, for which they can’t even seem to locate a written policy.
I've posted about this. I'm not sure how the fact that she can't see the policy complies with CA law on employment arbitration agreements.
Seems very unAmerican to force someone to abide by the rules of a religion they don't follow. But then again, maybe that's the most American thing.
Not really. Having someone submit to religious "arbitration" is super unusual. One time I represented someone who was Orthodox Jewish against another Orthodox Jewish person, and I suggested that we move the dispute to a Beit Din (religious court) but we couldn't reach agreement. But was not a matter of mandatory. I just thought it might be quicker that way.
As I've mentioned before, as a California lawyer, I'm astounded that the court has mandated this arbitration. Especially in employment situations, there are parameters that an arbitration provision must meet, including the ability of the person signing the arbitration agreement to read the rules. Often this is a link to the American Arbitration Association Rules or other established rules. The fact that, even now, she can't see the rules is mind blowing. I can't understand how that even remotely complies with the requirements under CA law. [Note: this is not legal advice or solicitation]
Good luck, Valerie!
"...the new judge in the case, Gail Killefer, told Valerie that she had to begin the arbitration process or risk having her lawsuit thrown out." In my mind, going through the church of scientology's process in basically the same thing as having your lawsuit thrown out.
I may be remembering things incorrectly -- please let me know if I am -- but didn't Valerie have some interactions with many if not all of these people she's nominated? So it's not like some public Scientologist from the other side of the country, who had no interaction with and did not work in or near Gold and/or the Celebrity Center, decided that they wanted Tom Cruise as an arbiter (although there's nothing in the "rules" that would prevent them from doing that). I mean, maybe it wasn't so cheeky, is what I'm saying. I don't think it's frivolous to select people you actually know, and given that Shelly was at least at one point a figure of considerable power and who, by all accounts, had some reputation for at least making a faint attempt to be fair to people (and is also a fellow woman), imo it's not frivolous in the least to name her to the panel.
(Again, of course, I might be wrong. I need to go back and reread Valerie's story.)
Valerie was Shelly Miscavige's personal assistant for years. Not many people got as close to Dave and Shelly as she did. Valerie would have had dealings with all high ranking public Scientologists, I imagine.
I expect the judge to table all motions and issue a written opinion in a few days (or months). What she will rule is up to her, but I see some sort of compromise in the future. A same sort of compromise that sent the Garcias to $cieno 'arbitration'. Enough of this hiding behind a 'we're a religion and you can't rule on our procedures' excrement. Until a much higher court finds the 'arbitration' to be bogus, nothing will change.
What is really needed are laws with similar 'look back' provisions that allow all of the formerly abused staff and sea org members to sue al la what the Catholic Church got. I can hope for a new Federal law that does that, but my hopes have been dashed before.
Some of my favorite people in the world are devout followers of some kind of Abrahamic religion, and all are kind, empathetic, intelligent people. It's not my cup of tea, but I see how these individuals continue to evolve into more loving and compassionate versions of themselves via their faith. Religions as institutional entities seem, to me, generally speaking, to be the source of much barbarity, injustice, murder, slavery, and basic b flat evil in human history, their contributions to the fields of philosophy, the arts, and the sciences notwithstanding.
BUT, scientology? That "religion"? None-as in zero, naught, nada-of its concepts, practices, or so-called scriptures have any redeeming value or inherent truth in them. It's a scam, a Crowleyian hustle...conceived via years of pill-popping, wife-abusing, check-kiting, circle-jerking, child-kidnapping, narcissistic bait-and-switch hustling, international-law-breaking shenanigans by that that Towering Turd Of Thetanic Trolling, El Con Blowhard.
Any judge who invested just ONE good work day in reading about this "church's" history(6+ decades!) of vexatious litigation could certainly cite the appropriate case law to put an end to this group's bool-sheet...
Oh well...*Sigh*
Valerie did what was asked of her. Scientology is the obstructionist. I do hope there is a judge who sees that. However, I’m not holding my breath. People who aren’t constrained by silly things like truth, laws, ethics, etc. generally scream when others try to point that out, but they continue to ignore the rules because when you have no conscience it doesn’t matter.