TEXAS JUDGE DENIES SCIENTOLOGY’S ‘ANTI-SLAPP’ MOTION IN RATHBUN SUIT

Lone Star

Crusader
One of favorite parts was when the Judge said that they had argued and asserted that Marty was doing business, and therefore, so was the cult. They confessed to being a business! And will be treated accordingly, it seems. As of now, they are. SLAPP denied on that basis.

Yes and we can largely thank the female lawyer who came in on Mosey's team during the December hearings who made that point very powerfully and clearly. Sorry I forgot her name.

This may be the first domino to fall in the hopeful eventuality of Scientology losing it's religion official status. Sure, it's a very long line of dominoes. But there always has to be that first one! :yes:
 

Lone Star

Crusader
Be it known that the bolded below was first used by Wallace Jefferson when he was writing an opinion for another case as a Supreme Court Judge!!

Judge Waldrip then turns to the church’s argument that the lawsuit violates its free speech rights, and we’ll have our experts dive into that in more detail. But a quick reading suggests that Monique has properly filed a lawsuit based on being injured, and that your freedom of speech rights end when you bodily injure another person.


:biggrin: :thumbsup:
 

Udarnik

Gold Meritorious Patron
I hope someone can explain all the technicalities of the law. It seems to me that this one document covers SO much with huge consequences.

For example:



It also finds that Monique was certainly subjected to exactly what she claimed. There is so much evidence, why a further trial? I do not understand the US system.

The judge thinks this. In the US system, in most cases, you have the right to a jury trial. So all this says is the judge agrees there is grounds to go on. The jury has to decide the facts, not the judge. That's why there is still a trial ahead of them.
 

Wants2Talk

Silver Meritorious Patron
Yes and we can largely thank the female lawyer who came in on Mosey's team during the December hearings who made that point very powerfully and clearly. Sorry I forgot her name.

This may be the first domino to fall in the hopeful eventuality of Scientology losing it's religion official status. Sure, it's a very long line of dominoes. But there always has to be that first one! :yes:

CASE LAW builds precedent from which the court constructs (read phonetically as construes) later findings. This Order is HUGE! As you say...the first domino. The facts are not in dispute. Davey has handed us the big knife!
 

Free to shine

Shiny & Free
The judge thinks this. In the US system, in most cases, you have the right to a jury trial. So all this says is the judge agrees there is grounds to go on. The jury has to decide the facts, not the judge. That's why there is still a trial ahead of them.

OK, thanks. :)
 

Lone Star

Crusader
It's hard to say which paragraph is my favorite in the ruling. There are so many great ones. Right now I'm loving #23 right above the Conclusion. It's clearly written for the Appeals Court. And very well written I might add. I think it's a professional, judicial, and even tactful middle finger to Cedillo and Jefferson. Especially Cedillo. But that is just IMHO.
 

Gadfly

Crusader
The judge thinks this. In the US system, in most cases, you have the right to a jury trial. So all this says is the judge agrees there is grounds to go on. The jury has to decide the facts, not the judge. That's why there is still a trial ahead of them.

I suspect that the Church of Scientology will pull out every stop possible to avoid a jury trial. We can probably look forward to MANY more motions, and BOXES of "evidence" for the judge to have to stay up many nights reading through. The judge will be OVERWHELMED with piles of paper!

Overwhelm Tech - a key tactic of Scientology
 
Last edited:

CommunicatorIC

@IndieScieNews on Twitter
Mike Rinder also mentions this in an article: Scientology Shitstormhttp://www.mikerindersblog.org/scientology-shitstorm/
Excerpt:
You should also read the 25 page order from Judge Waldrip in the Monique Rathbun handed down today and now on Tony Ortega’s site. Judge Waldrip hoisted the church on its own petard. Repeatedly. Including finding that the church is operating as a business according to THEIR testimony. Findings that Monique has suffered injury. Mention that he suspects whether the claimed “documentary filming” was simply a pretext for the squirrelbusters activities and the lack of credibility of John Allender.
 

JustSheila

Crusader
:OMG: This is terrific! :happydance: :dance2:

CONGRATULATIONS TO ALL!!

aFANtasticMoment1_578_i9akjg89w0_.jpg
 

Gib

Crusader
"The evidence sufficiently establishes that Scientology is primarily in business to sell a good or service"

"Plaintiff is awarded court costs and attorney fees" !

This is HUGE

So, in essence, the COS just paid for Mosey suing them, the COS.

:roflmao::roflmao::roflmao::roflmao::roflmao:

that's gotta hurt DM. :laugh::laugh::laugh::laugh:
 

Gib

Crusader
I find it so amazingly absurd that the Church of Scientology tries to hide behind "freedom of speech", when it actively stifles freedom of speech anywhere it can!!!!!

Starting with Paulette Cooper - that is exactly what the Church of Scientology did. They actively set out to intentional HARM an innocent person to SHUT HER UP - because in truth, the Church of Scientology has never cared one iota for "free speech". "Free speech" is a PR slogan, it is a MOCK UP presented by Hubbard, to hide behind to make himself and itself look "good" (and to legally justify ANY sort of nasty behavior).

I also think it's the cheese, to hook people into scientology,

just like the "creed of the church of scientology".
 

Knows

Gold Meritorious Patron
I love this part by Judge Waldrip:

"AS Defendants, CSI, asserts and argues, Mark Rathbun's activity of offering Scientology services is a business.

If so, the Churches own activity of offering services IS ALSO A BUSINESS!"

"ACCORDINGLY THE EVIDENCE SUFFICIENTLY ESTABLISHES SCIENTOLOGY IS PRIMARILY IN BUSINESS TO SELL A GOOD OR SERVICE - be it religious or otherwise".

Well, we will tell you Judge Waldrip - Scientology is not religious - not one little bit...it only convinces with manipulative techniques only found in Mind Control Manuals that it is so it does not have to pay taxes!

Keep digging Judge Waldrip - you are spot on!

Now that is one Oat Tea Judge!! He has total conceptual understanding of exactly WHAT SCIENTOLOGY IS...and he did not even do the "Basics"! :buzzin::dancer::lol::thankyou::dance3::hattip::goodposting::giggle::giggle::giggle::giggle::giggle::cheerleader::cheerleader::cheerleader::hifive::hifive::party::party::woohoo::woohoo:
 
Last edited:

freethinker

Sponsor
You forgot to acknowledge Ms Hyman who pointed out in court that "they couldn't have it both ways" as to whether they were a Religion or BUSINESS.

Otherwise, good post. :thumbsup:
Outstanding!!

There can be no doubt that the lawyer team headed by Ray Jeffrey is THE team in the U.S. for taking on DM and the corporate shell game known collectively as Scientology. He and Cappuccio and Weigand know how to cut straight through the confusing BS that the Demon's lawyers are so good at creating and throwing around. This is a huge gaping wound in the side of DM and Co. I think the "sharks are starting to circle". LOL!!!

And Mr. Wallace Jefferson: I know you are getting a lot of money for your services in this case. I truly hope that money is satisfactory for you because on the other side of this case you will be a wounded man in Texas. The Texas judicial scene. Your once respected name will be tarnished. In part because you are working for a nasty Demon from the lowest pits of Hell, and also because you are having your ass handed to you by a little ol' lawyer with a lot of horse sense from the little ol' town of Bulverde, TX. You'd better hope that none of your former colleagues on the bench ever see the videos of the squirrel busters. Even your brother Lamont grimaced in court when the one was shown of the SBs in the boat jive assing to some rap music. LOL...... Too bad for you WJ. Your brother is tarnished as well.

Like I said.....I hope the money satisfies you. Somehow I don't think it will in the long run. The devil always comes to collect eventually ya know. :yes:
 

JGB

Patron
In a 25-page ruling, Comal County Judge Dib Waldrip today rejected Scientology’s ‘anti-SLAPP’ motion which had attempted to derail the harassment lawsuit of Bulverde, Texas resident Monique Rathbun.


Great win! :happydance:

Poor OSA :duh: They will be doing all nighters, miss the birthday event, and be eating Beans & Rice for the rest of this year.
 

Gib

Crusader
I suspect that the Church of Scientology will pull out every stop possible to avoid a jury trial. We can probably look forward to MANY more motions, and BOXES of "evidence" for the judge to have to stay up many nights reading through. The judge will be OVERWHELMED with piles of paper!

the judge is aware of that, if you read the very end of the judges write-up. He says this all could be avoided or something like that.
 

Karen#1

Gold Meritorious Patron

Oh my Goodness. Did the *Church* brace for IMPACT ?

1. I read it cover to cover 2x. I see that the Judge went to extraordinary lengths to support his ruling to make it airtight so that it cannot be overturned on appeal. Judge Waldrip knows their *APPEAL* game all too well. *Writ of Mandamus* by Wallace Jefferson type tactic.

2. This is the boomerang of marching into the Court with 22 lawyers fighting tooth and nail for blood with frivolous ludicrous arguments. You display your trump cards, show your thuggery and you educate the Judge to know your tricks so he can see what you are doing and he is forced to block you playing the same game at Appellate level.

3. Did you see how he awarded Ray Jeffrey and his team ATTORNEY COSTS ??????? Imagine the emotions and feelings at OSA INT where they must not only pay their own lawyers but PAY good hard cash to Ray Jeffrey ????

:hysterical::hysterical::hysterical:

4. The Church has shown the world of litigation that its abusive litigation techniques, thuggery, lying to the Court, fudging the facts, presenting contrary facts. filing frivolous motions will erode the support of A-list top Gun lawyers worldwide. This ruling was humiliation, seeing right through their hot air and bogus shenanigans. It was a smack down which will make the law journals and be a forthcoming reference point~~
How wild is that. Scientology Inc engages in constant humiliation and dear Karma retaliates..

Today is happy day. Champagne toast to all readers:yes::yes::yes:
 
Last edited:

Lone Star

Crusader
You forgot to acknowledge Ms Hyman who pointed out in court that "they couldn't have it both ways" as to whether they were a Religion or BUSINESS.

Otherwise, good post. :thumbsup:

Actually I did acknowledge her in a later post. But had forgotten her name. Thanks for giving the name. I was too lazy to look.
 
Top