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Laura Decrescenzo v. Church of Scientology International, Inc., et al.

tetloj

Silver Meritorious Patron
Indeed there is a hearing today and Tony is in LA to cover it

http://tonyortega.org/2016/04/27/li...escenzos-scientology-forced-abortion-lawsuit/

Today, in a Los Angeles courtroom, the Church of Scientology will try to convince a judge that it can treat its own workers as harshly as it wants to and a US civil court can have nothing to say about it.

Last night, after arriving in Los Angeles, we learned that Scientology attorney Bert Deixler may be fighting uphill today. Judge Doyle has issued a tentative ruling denying Scientology’s motion, but we were cautioned by court observers that this could change, depending on what happens in the courtroom today.

Scientology then filed another motion for summary judgment, this time saying that the lawsuit should be dismissed because it violates the church’s First Amendment rights to treat its “ministers” however it sees fit. Laura answered that she was hardly a minister — she was a twelve-year-old child when she went into the Sea Org and was then punished for admitting to missing her family. Judge Rolf Treu, who handled the case after Sohigian’s retirement, asked both sides to resubmit their filings on the motion (plaintiff, defense), but then he was replaced with Judge Doyle.

So that’s where we are. And Scientology attorney Bert Deixler will try to convince Judge Doyle today that Scientology’s religious rights are being trampled by Laura’s lawsuit, and that its First Amendment protections prevent a civil court from considering her claims.
 

Jump

Operating teatime

CommunicatorIC

@IndieScieNews on Twitter
Court DENIES Scientology motion for summary judgment in forced abortion lawsuit

Court DENIES Scientology motion for summary judgment in Scientology forced abortion lawsuit.

Tony Ortega has the story:

http://tonyortega.org/2016/04/27/li...escenzos-scientology-forced-abortion-lawsuit/

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UPDATE: Judge Doyle denies the motion, adopting the tentative ruling he had posted last night. Here’s that ruling…

DeCrescenzo v. Scientology Tentative Ruling on MSJ


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https://www.scribd.com/doc/310651297/DeCrescenzo-v-Scientology-Tentative-Ruling-on-MSJ

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Westside Today has more on the story:

Former Member of Church of Scientology Can Proceed To Trial

http://westsidetoday.com/2016/04/27/former-member-of-church-of-scientology-can-proceed-to-trial/

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A former member of the Church of Scientology can proceed to trial with a lawsuit alleging she was forced to work long hours before she was a teen and was coerced to have an abortion at age 17, a Los Angeles judge ruled today.

Superior Court Judge John Doyle denied a motion by lawyers for the Church of Scientology International and its Religious Technology Center to dismiss Laura Ann DeCrescenzo’s case. The only cause of action he tossed dealt with whether the plaintiff was deprived of a constitutional right of liberty.

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Free to shine

Shiny & Free
Oh thank goodness for that!

Though from the above link there is this:

Doyle scheduled a June 3 status conference to discuss the outcome of any appellate court ruling and the setting of a trial date. Before a jury trial can be held, a judge will have to hear evidence on whether DeCrescenzo’s claims were filed within the statute of limitations.

Doyle said he may have to transfer the case for trial to another courtroom with a calendar more suitable to hearing lengthy trials.
http://westsidetoday.com/2016/04/27/former-member-of-church-of-scientology-can-proceed-to-trial/
 

Free to shine

Shiny & Free
From Tony Ortega's excellent live blogging:
(There are 1858 comments on this article as I post this.)
http://tonyortega.org/2016/04/27/li...escenzos-scientology-forced-abortion-lawsuit/

Blumberg asking for a trial date.

Judge Doyle saying March 2017, generally. Well, that’s better than five or six years.

Now Judge Doyle is urging both sides to find a mediator for the case. That doesn’t mean a trial won’t happen, but a mediator might help find a settlement to end the case.

Next meeting on June 3, to talk about mediation and get a more solid trial date.

He’s suggesting mediation in the fall, trial about this time next year.


Mediation??? After seven years?
 

CommunicatorIC

@IndieScieNews on Twitter
Ex-Scientologist claims church made her have an abortion at 17.

My News LA: Ex-Scientologist claims church made her have an abortion at 17

http://mynewsla.com/crime/2016/04/27/ex-scientologist-claims-church-made-her-have-an-abortion-at-17/

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Ex-Scientologist claims church made her have an abortion at 17

POSTED BY HILLARY JACKSON ON APRIL 27, 2016 IN CRIME | 204 VIEWS | LEAVE A RESPONSE

A former member of the Church of Scientology can proceed to trial with a lawsuit alleging she was forced to work long hours before she was a teen and was coerced to have an abortion at age 17, a Los Angeles judge ruled Wednesday .

Superior Court Judge John Doyle denied a motion by lawyers for the Church of Scientology International and its Religious Technology Center to dismiss Laura Ann DeCrescenzo’s case. The only cause of action he tossed dealt with whether the plaintiff was deprived of a constitutional right of liberty.

The case was filed in April 2009, and the allegations include forced abortion, false imprisonment, intentional infliction of emotional distress, unfair business practices and wage-and-hour violations.

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CommunicatorIC

@IndieScieNews on Twitter
Judge ok's coerced abortion lawsuit against the Church of Scientology

Judge ok's coerced abortion lawsuit against the Church of Scientology.

KFI AM 640: Judge ok's lawsuit against the Church of Scientology

http://www.kfiam640.com/articles/local-news-465708/judge-oks-lawsuit-against-the-church-14651224/

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LOS ANGELES (CNS) - A former member of the Church of Scientology can proceed to trial with a lawsuit alleging she was forced to work long hours before she was a teen and was coerced to have an abortion at age 17, a Los Angeles judge ruled today.

Superior Court Judge John Doyle denied a motion by lawyers for the Church of Scientology International and its Religious Technology Center to dismiss Laura Ann DeCrescenzo's case. The only cause of action he tossed dealt with whether the plaintiff was deprived of a constitutional right of liberty.

The case was filed in April 2009, and the allegations include forced abortion, false imprisonment, intentional infliction of emotional distress, unfair business practices and wage-and-hour violations.

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CommunicatorIC

@IndieScieNews on Twitter
Church Of Scientology Can’t Nix Forced-Abortion, Wage Suit

Church Of Scientology Can’t Nix Forced-Abortion, Wage Suit.

Law 360: Church Of Scientology Can’t Nix Forced-Abortion, Wage Suit

http://www.law360.com/articles/789789/church-of-scientology-can-t-nix-forced-abortion-wage-suit

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Law360, Los Angeles (April 27, 2016, 10:40 PM ET) -- A California judge ruled Wednesday that a former Scientologist can proceed with allegations that the controversial church coerced her to have an abortion, work long hours without proper pay and stay against her will, despite the organization’s argument that the matter was about “faith, not force.”

Los Angeles County Superior Court Judge John P. Doyle also said in a tentative ruling he adopted at the end of Wednesday’s hearing that a ministerial exception that the Church of Scientology said barred plaintiff Laura Ann DeCrescenzo’s claims had...

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Churchill

Gold Meritorious Patron
It has taken Laura DeCrescenzo seven years to win the right to take Scientology to trial, because of a scorched earth legal strategy that is deliberately designed to subvert Justice.

Why do the courts not recognize this? Why aren't sanctions ever brought against Scientology?

It's understandable that the last thing Scientology would ever want is that this case be brought before an impartial jury. They will pay millions for what they did to her, as any jury would plainly see.

What I simply cannot fathom is the seeming willingness of our judicial system to entertain endless appeals, frivolous motions and delays concocted by Scientology lawyers.
 

oneonewasaracecar

Gold Meritorious Patron
It has taken Laura DeCrescenzo seven years to win the right to take Scientology to trial, because of a scorched earth legal strategy that is deliberately designed to subvert Justice.

Why do the courts not recognize this? Why aren't sanctions ever brought against Scientology?

It's understandable that the last thing Scientology would ever want is that this case be brought before an impartial jury. They will pay millions for what they did to her, as any jury would plainly see.

What I simply cannot fathom is the seeming willingness of our judicial system to entertain endless appeals, frivolous motions and delays concocted by Scientology lawyers.

I wonder whether or not the legal system just evolved this way or whether it was unintelligently designed.

The US Justice system seems to allow a great deal of scope to anyone with deep enough pockets.
 

ThetanExterior

Gold Meritorious Patron
The CofS is arguing it has a First Amendment right to treat its "ministers" any way it sees fit and it claims the right to determine who are "ministers".

So it is basically saying it can treat any Scientologist any way it wants with no interference from the law of the land.

Typical Scientology.
 
It has taken Laura DeCrescenzo seven years to win the right to take Scientology to trial, because of a scorched earth legal strategy that is deliberately designed to subvert Justice.

Why do the courts not recognize this? Why aren't sanctions ever brought against Scientology?

It's understandable that the last thing Scientology would ever want is that this case be brought before an impartial jury. They will pay millions for what they did to her, as any jury would plainly see.

What I simply cannot fathom is the seeming willingness of our judicial system to entertain endless appeals, frivolous motions and delays concocted by Scientology lawyers.
They are being fair, and following the innocent until proven guilty mantra. I doubt they are fooled, but their hands are tied.
That said, they are all members of a club or clique of some sorts. At the end of the hearing, the judge congradulated them on doing a good job of arguing their points. Gag me with a spoon. Such blowing smoke up the plaintiffs and the defendants asses, to make the think their money was well spent. Morons.

Mimsey
 

Churchill

Gold Meritorious Patron
They are being fair, and following the innocent until proven guilty mantra. I doubt they are fooled, but their hands are tied.
That said, they are all members of a club or clique of some sorts. At the end of the hearing, the judge congradulated them on doing a good job of arguing their points. Gag me with a spoon. Such blowing smoke up the plaintiffs and the defendants asses, to make the think their money was well spent. Morons.

Mimsey
I disagree.
7+ years and counting Just to get to trial is not fair to any plaintiff.
A jury should hear the case, determine the facts, and render a verdict.

"Justice delayed is justice denied."
 

prosecco

Patron Meritorious
I disagree.
7+ years and counting Just to get to trial is not fair to any plaintiff.
A jury should hear the case, determine the facts, and render a verdict.

"Justice delayed is justice denied."

To even get to this stage she has had to jump through some fairly major hurdles. Keep in mind that initially Laura didn't bring the case in time, also referred to as the statute of limitations where there are specific time limits on when a plaintiff can bring a case, which she was time barred. Through her lawyers, she explained quite well, how she was only aware of her rights based on extreme duress. In other words, the time started from this date.

Then there was the issue of her pc folders which the C of S fought saying they were privileged, confidential and should should be treated like a confession of which the C of S had the copyright. This argument was also lost.

She has managed to set some fairly impressive precedents.
 

CommunicatorIC

@IndieScieNews on Twitter
Ex-Orange County Scientologist's Suit Against Scientology Can Go to Trial: Judge

Ex-Orange County Scientologist's Suit Against Scientology Can Go to Trial: Judge

The OC Weekly has a major article on this.

Ex-Orange County Scientologist's Suit Against Church Can Go to Trial: Judge.

http://www.ocweekly.com/news/ex-ora...-against-church-can-go-to-trial-judge-7152380

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scientology_spyentology_ocw_cover.jpg


A former Orange County member of the Church of Scientology can proceed to trial in her lawsuit alleging that as a teen she was forced to work long hours and coerced to have an abortion, a judge has ruled.

Los Angeles Superior Court Judge John Doyle on Wednesday denied a motion by lawyers for the Church of Scientology International and its Religious Technology Center to dismiss Laura Ann DeCrescenzo's case, reports City News Service's Bill Hetherman.

Doyle did toss one cause of action: whether DeCrescenzo was deprived of a constitutional right of liberty.

She is suing for alleged forced abortion, false imprisonment, intentional infliction of emotional distress, unfair business practices and wage-and-hour violations.

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failboat

Patron with Honors
SCIENTOLOGY: WOMAN ALLEGES FORCED ABORTION IN LAWSUIT VS CHURCH (Video at link)

By Lisa Bartley

LOS ANGELES (KABC) --
Imagine signing a "Billion Year Contract" when you're barely out of elementary school, and pledging your eternal devotion to a religious order - not just for this lifetime, but for all future lifetimes.

That's what Laura DeCrescenzo did back in 1991. She was twelve years old at the time and that commitment meant she had to move out of her parents' home in New Mexico and into Scientology's "Pac Base" in Hollywood.

Laura's parents gave their blessing, despite some concerns. They were both committed Scientologists and encouraged their daughter's faith at a young age. By the time Laura was twelve, she had already volunteered at the Church's Orange County "Org," worked on staff at a New Mexico church, and even joined other Scientologists protesting outside a courthouse in Downtown Los Angeles.

Strangely enough, it's at that very same courthouse that Laura is now waging an epic legal battle against the Church of Scientology. In her lawsuit, Laura claims she was falsely imprisoned, isolated from her family at times, subjected to rigid discipline and forced to have an abortion when she became pregnant at age 17.

Full article here, with 5-minute video - http://abc7.com/news/scientology-woman-alleges-forced-abortion-in-lawsuit-vs-church/1316454/
 

CommunicatorIC

@IndieScieNews on Twitter
Woman Sues Scientology For Allegedly Forcing Her To Have An Abortion

Woman Sues Scientology For Allegedly Forcing Her To Have An Abortion.

LAist: Woman Sues Scientology For Allegedly Forcing Her To Have An Abortion

http://laist.com/2016/04/30/woman_sues_scientology_for_allegedl.php

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Woman Sues Scientology For Allegedly Forcing Her To Have An Abortion

BY MATT TINOCO IN NEWS ON APR 30, 2016 5:03 PM

An L.A. County Superior Court Judge ruled this week that a woman who is suing the Church of Scientology for forcing her to have an abortion against her will may proceed with her trial.

Laura DeCrescenzo alleges that the Church of Scientology forced her to abort a fetus when she was 17-years-old, according to KABC. DeCrescenzo, who signed a "Billion Year Contract" with the church when she was just twelve years old, originally filed her lawsuit back in 2009. Since then, Scientology has put up a vicious legal fight, managing to stall DeCrescenzo's case until now.

Aside from the forced abortion, DeCrescenzo is accusing Scientology of false imprisonment, intentional infliction of emotional distress, unfair business practices and wage-and-hour violations, according to OC Weekly.

DeCrescenzo was involved with Scientology for about seventeen years, according to court documents. The abortion happened back in 1996, five years into her encounter with the church. At the time, DeCrescenzo was a part of Scientology's infamous "Sea Org," the wing of church for the most dedicated members that coincidentally operates several boats.

According to court documents, the church pressured her into having an abortion by threatening her with unemployment, homelessness, and never seeing her husband again if she had the child. The church also allegedly said that if she lost her job, she would be liable for a "freeloader debt" incurred on all earlier Scientology training and services.

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CommunicatorIC

@IndieScieNews on Twitter
Ex-Scientologist sues Church of Scientology for forced abortion at age 17

Ex-Scientologist sues Church of Scientology for forced abortion at age 17.

Christian Daily: Ex-Scientologist sues Church of Scientology for forced labor and abortion at age 17

http://christiandaily.com/article/e...forced-labor-and-abortion-at-age-17/51752.htm

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A former Church of Scientology member has filed a case alleging the church had forced her to work long hours when she was younger and have an abortion at 17.

On Wednesday, Superior Court Judge John Doyle ruled that former Scientologist Laura Ann DeCrescenzo's lawsuit can proceed to trial. The lawyers of the Church of Scientology International and its Religious Technology Center had earlier filed a motion to have the case dismissed, My News LA reports.

DeCrescenzo filed the lawsuit against the Church of Scientology in April 2009. She accused the church of unfair business practices, wage-and-hour violations, intentionally causing her emotional distress, false imprisonment, and forced abortion.

Based on a sworn declaration, DeCrescenzo said she started volunteering for the church when she was about six or seven years old in Orange County. At age 12, she was recruited for the elite Sea Org, which reportedly handled the delivery of Church of Scientology worldwide. At first, she worked from 8:30 a.m. to 10:30 p.m. every day, but her work shift was later extended by two hours, OC Weekly details.

In February 1996, DeCrescenzo became pregnant and the church forced her to have abortion to prove her allegiance.

DeCrescenzo says she worked with Sea Org until she was 25 years old. She was told that she could not leave the group, but she was released after she pretended she had attempted suicide by ingesting bleach in 2004. She was able to completely leave the church in June 2008.

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CommunicatorIC

@IndieScieNews on Twitter
Scientology Scandal: Woman Claims Church Forced Her To Have Abortion

Scientology Scandal: Woman Claims Church Forced Her To Have Abortion.

Inquistr - Scientology Scandal: Woman Claims Church Forced Her To Have Abortion, Kept Her Imprisoned In Church Punishment Facility

http://www.inquisitr.com/3050518/sc...her-imprisoned-in-church-punishment-facility/

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The Church of Scientology is facing a growing scandal after a former member claimed the church forced her to have an abortion and later falsely imprisoned her, forcing her into painful punishments.

Laura DeCrescenzo is claiming that when she was 17 years old, the Church of Scientology forced her to abort her pregnancy. As KABC reported, DeCrescenzo had originally filed a lawsuit in 2009 and won a ruling this week from the L.A. County Superior Court for the case to move forward.

DeCrescenzo has a laundry list of other claims against the church, the OC Weekly reported. They include false imprisonment, intentional infliction of emotional distress, unfair business practices and wage-and-hour violations. Laura claims that church officials intimidated her after she became pregnant as a teenager, telling her that she would be left homeless and unemployed and that she would never see her husband again if she decided to keep the baby.

Her time with the church remained strained after that. DeCrescenzo claimed that in 2001, she was sent to a punishment program known as “Rehabilitation Project Force.” Laura claims that she was “beaten down” during the three years that followed, forced to do manual labor and physical punishments like push-ups or running around a basement.

“I wasn’t allowed to speak with my family. You’re not allowed to have more than twenty dollars on you at any given time. You’re not allowed to go anywhere without another person. You’re watched 24/7,” says DeCrescenzo.

DeCrescenzo remained in the church another 12 years after the alleged forced abortion, but left in 2008 after coming across an internet message board where former members shared their horror stories of the church.

Officials from the Church of Scientology have vehemently denied DeCrescenzo’s claims.

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