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

Gib

Crusader
Some text from the ruling



A few points with this part of the ruling
1) The word 'consumers' is used. Read business.
2) Allender's pants have been determined to be on fire.
3) the term 'technology' has been placed in quotes. Because it's not real technology.
4) the judge notes that the effect was positive or negative - depending on [STRIKE]perspective[/STRIKE] point of view. That is the judges way of implying on record that Scientologists are fucking crazy without seeming biased. Well played.



Eat that OSA. All those cease and desist letters you sent in 2008. And then you stopped. You fucking morons.

I noticed that too. Key word perspective.

http://www.google.com/search?sourceid=chrome&ie=UTF-8&q=perspective

"a particular attitude toward or way of regarding something; a point of view."

The judge is being pan-determined, Viewing all viewpoints.

Try to get a scientologist to view that point of view. :laugh:

The scientologist is only viewing Hubbards viewpoint. OMG. LOL
 

Knows

Gold Meritorious Patron
Scientology has to pay Ray Jeffries court costs and attorney fees! I think this may be a first in the courts for the cult of Scientology. Remember the slithering scientology lawyer bringing boxes of papers to the Judge with his Anti-SLAPP suit and made a joke about "a gift" to Judge Waldrip.

Well, Judge Waldrip must have done his correct estimate of TR's - because he very professionally SLAPPED SCIENTOLOGY right upside the head! Slappy Miscavige is going to be SLAPPING someone tonight! Scotch will be slurped and spit will fly!
Someone just sent these photos in of Captain Black Heart Miscvaige and his initial reaction to the Slapp suit getting DENIED!!

th



original.jpg
 

The_Fixer

Class Clown
There was a dicky little boss called Davy
Who played around with his silly little Navy
One day when stuffing around with the courts
Judge Waldrip nailed his hide with this nasty little rort
Now Davy's gunna lose his gravy!

:biggrin:
 

HelluvaHoax!

Platinum Meritorious Sponsor with bells on
...
YAYYYYYY!

Love it too much for words!!!

A perfect BIRTHDAY PRESENT for Ron (March 13th).

And the perfect BIRTHDAY PRESENT also for Scientology/Dianetics (1950-2014) that on May 19th turns sixty-four (64)!


SING ALONG!

"WHEN THE CULT'S 64"

When I get sued, losing my case, many years from now

Will you still be sending me a fixed donation, standing ovation, money for litigation?

If I've been out-ethics 'til PTS type three, would you lock the door?

Will you still need me, will you still feed me when I'm sixty-four?



[video=youtube;eCss0kZXeyE]http://www.youtube.com/watch?v=eCss0kZXeyE[/video]



When I get older, losing my hair, many years from now
Will you still be sending me a valentine, birthday greetings, bottle of wine?
If I'd been out 'til quarter to three, would you lock the door
Will you still need me, will you still feed me when I'm sixty-four?


 
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aegerprimo

Summa Cum Laude
This comment by TX Lawyer at the Underground Bunker is worth reading.

http://tonyortega.org/2014/03/14/te...pp-motion-in-rathbun-suit/#comment-1285384599

Here is a cut-and-paste for those who cannot deal with Disqus comments...

avatar92.jpg
TX Lawyer10 minutes ago
I haven't read the order yet, but will do so as soon as I post this. Procedurally speaking, CSI will now have 20 days to file a notice of appeal to the Austin Court of Appeals. Sometime thereafter, the clerk and court reporter from the trial court will file the clerk's record (i.e., pertinent filings in the case) and reporter's record (i.e., transcripts of any pertinent hearings on the motion and any exhibits that were admitted during those hearings). That's supposed to happen within 10 days after the notice of appeal, but it frequently slips some. Anyway, after those records are on file with the court of appeals, CSI will have 20 days to file its appellant's brief. Mrs. Rathbun's brief will be due 20 days after that, and CSI can file a shorter reply brief 20 days after that. The notice of appeal deadline cannot be extended, but all the briefing deadlines can be, and routinely are.

After the briefs are all filed, the court of appeals will set the case for oral argument, and sometime after that the court will issue its opinion. The losing party can then file a motion for rehearing, which will pretty much inevitably be overruled. After the last timely motion for rehearing is overruled, the losing party will have 45 days to file a petition for review to the Texas Supreme Court. Notably, however, our Supreme Court only has limited jurisdiction to consider an appeal of an interlocutory order. Basically, it is only supposed to be able to take such appeals when there is a conflict among the justices of the court of appeals (i.e., one of the justices dissented from the majority opinion) or the opinion conflicts with a decision of another court of appeals on some point of law.
Interlocutory appeals are "accelerated," which means the deadlines are somewhat tighter than for regular appeals and they are supposed to take precedence on the court of appeals' docket. But "accelerated" does not mean "fast." I am aware of one other anti-SLAPP appeal in the Austin Court of Appeals which is also reasonably high-profile for this type of thing (I'm also passing acquaintances with a couple of the attorneys on the case, although I have no inside knowledge of it).

http://www.search.txcourts.gov...

As you'll see from that docket sheet, the notice of appeal was filed in August 2012. The briefing was complete in March 2013 (although strangely, they do not appear to have accelerated the appeal in that case). The case was argued in May 2013. And they're still waiting for an opinion. I would expect a similar timeline with CSI's appeal, maybe a bit faster because this one is a true interlocutory order instead of a final judgment. Rough guess? Expect an opinion early next year, with the appellate proceeding finally wrapping up with a denial of petition for review from the TX Supreme Court late next year.

FORTUNATELY, HOWEVER: An appeal from the denial of an anti-SLAPP motion DOES NOT STAY THE TRIAL COURT PROCEEDINGS. (I have seen some online commentators who claim otherwise, but I see no basis for that conclusion in the text of the Texas Citizens Participation Act, which is our name for the anti-SLAPP statute.) That means discovery should proceed apace (unless the appellate court grants a stay of discovery, which is possible but far from a slam dunk).
 
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In Tony's comments:
"Because of that commercial interest, Waldrip says, the anti-SLAPP is not available to the defendants. And also, he finds that the actions caused Monique “bodily injury,” which under Texas law includes “physical pain, illness, or any impairment of physical condition.”

And ouch — for that last point, Waldrip quoted “then-Chief Justice Wallace Jefferson who wrote for the Court and held, without regards to the merits, that ‘biological injuries or effects [qualified] as bodily injury.’” (Since leaving the state Supreme Court, Wallace Jefferson has become a part of Scientology’s legal team.)"


A delicious bit. I guess ex Chief Justice Wallace will be getting SLAPP motions which include physical pain and bodily injury from the flying dwarf.
Hope that lawyers room table is extra wide. DM is gonna be peeesed off.
:roflmao:
 

Karen#1

Gold Meritorious Patron
Brace for Impact!



The very worst thing in this ruling is the finding that the Church is engaged in a commercial or business activity. Wow ! Major ! Whereas the judge's ruling is not inter-state it can be very persuasive.

All that 1st amendment hogwash to relentlessly run a crime wave as a BUSINESS or a Church that masquerades as a religion while acting like a BUSINESS...Game changer.
 

betskand

Patron with Honors
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.

http://tonyortega.org/2014/03/14/texas-judge-denies-scientologys-anti-slapp-motion-in-rathbun-suit/



:omg: :omg: :omg: :omg: :omg: :omg:
The awarding of costs to the plaintiff is incredible! I assume this means that Mosey can continue, and that CO$ doesn't have the option of crushing her with legal fees now. (I may not understand the situation, but it HAS to be good news.) Mosey RULES! I'm jumping over to the Bunker to get the story. What a happy Friday! Judge W. is coming through for justice!
 

betskand

Patron with Honors
Brace for Impact!



The very worst thing in this ruling is the finding that the Church is engaged in a commercial or business activity. Wow ! Major ! Whereas the judge's ruling is not inter-state it can be very persuasive.

All that 1st amendment hogwash to relentlessly run a crime wave as a BUSINESS or a Church that masquerades as a religion while acting like a BUSINESS...Game changer.
Do a video! The only thing that would make this nicer would be to SEE and hear you enthusing in your wonderful way!
 

dchoiceisalwaysrs

Gold Meritorious Patron
I hope so too. Wife was in OSA in the early 90s. She worked more on the CCHR end of it. They worked her on so many all nighters to this day she has trouble sleeping. Then they said I had to join the sea org for us to stay married. I kept telling them I am an LSD case and I am not qualified - even though I was in the SO briefly in the 1970s. I saw how the execs were treating their staff and I wanted no part of it. This was not the Scientology I knew in the 70s when it was fun and very high ARC. They kept badgering me to see if I qualified. So I finally did a life history ( again for the 5th freaking time) and boy did they get mad. I told them before Scientology I was a DRUG DEALER and they stopped talking to me all together. Wife finally got out when she was ordered she could not take off for X-mas and see her parents.

Great that you held your ground and refused to go into the SO and even better that eventually your wife got out as well. I wonder if we have more EX-OSA/CCHR/etc out and here than are in now. I wouldn't be surprised. I certainly seems like OSA is collapsing and all of its members susceptible to outside investigations and reports themselves. Maybe the ones still in don't realize that their previous cohorts are NOT on a different project but actually out and spilling the beans with hard evidence and docs to show. Certainly not a safe place to be inside these days while at jeopardy from COB on the inside and justice departments on the outside looking in. Hell, I sure as heck would get out and into a much saner environment. And what makes it easier is that they would be very welcome here. They would be congratulated for their waking up and exiting.



Hmmm, that 'quoted post' was not by me, but by JGB. I don't know why it came out looking like the quoted post was by me, it also occurred on JGB's original post.
 
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TG1

Angelic Poster
It's all just pure LULZ!

From the rulings about Mosey's harms suffered, to the cult being a business, to requiring the cult to pay Mosey's legal costs and fees (I do assume the judge means the costs/fees incurred in connection with the anti-SLAPP motion only) to quoting Wallace Jefferson's Supreme Court decisions so liberally throughout, to the flat-out intellectual rigor of this ruling (way to go, Judge Waldrip, you future Supreme Court Justice!), to listing the names of Debbie Jean Cook and Mike Rinder and John Brousseau and Steve Hall and other people who stick in Miscavige's craw -- it is time for one beautiful big cake!

Big_candy_cake_by_HelloCat123.jpg
 

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dchoiceisalwaysrs

Gold Meritorious Patron
Brace for Impact!



The very worst thing in this ruling is the finding that the Church is engaged in a commercial or business activity. Wow ! Major ! Whereas the judge's ruling is not inter-state it can be very persuasive.

All that 1st amendment hogwash to relentlessly run a crime wave as a BUSINESS or a Church that masquerades as a religion while acting like a BUSINESS...Game changer.

What are you kidding us Karen?? :omg: Surely never ever in all eternity has the 'cherch' had a price list or 'discounts' for 'early payment' or 'advanced payments' . I bet NO one could ever find such printed material or emails? :no: :roflmao::roflmao::hysterical:
 

Wants2Talk

Silver Meritorious Patron
What are you kidding us Karen?? :omg: Surely never ever in all eternity has the 'cherch' had a price list or 'discounts' for 'early payment' or 'advanced payments' . I bet NO one could ever find such printed material or emails? :no: :roflmao::roflmao::hysterical:

So true. So true. Lets collect them from way back from all over and make a scrap book! Remember the "Solution to Inflation"?
 
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