Garcias back in court in fraud lawsuit after Scientology makes arbitration impossible

Discussion in 'Legal and Government Actions Involving Scientology' started by CommunicatorIC, Apr 14, 2016.

View Users: View Users
  1. CommunicatorIC

    CommunicatorIC @IndieScieNews on Twitter

    Garcias back in court in federal fraud lawsuit after Scientology makes arbitration impossible, they say.

    Tony Ortega: Garcias back in court in federal fraud lawsuit after Scientology makes arbitration impossible, they say.

    http://tonyortega.org/2016/04/14/ga...tology-makes-arbitration-impossible-they-say/

    * * * * * BEGIN EXCERPT * * * * *

    Luis and Rocio Garcia filed a new motion in their lawsuit yesterday, asking federal district Judge James D. Whittemore to lift the stay in their case and allow them to get on with suing the Church of Scientology. We have the document for you and its set of exhibits.

    Last August, the Garcias lost an appeal in the case and then had to face the music: If they were going to get their money back from Scientology, they would have to submit themselves to Scientology’s internal arbitration procedures.

    The Garcias first filed their federal fraud lawsuit in January 2013, alleging that the church had deceived them in order to obtain donations, including $340,000 towards the construction of the Flag Building in Clearwater, Florida, also known as the Super Power Building. The Garcias had been longtime Scientologists and frequent donors, and Scientology argued that they had signed multiple contracts which required them to submit disputes to the organization’s internal arbitration system. The Garcias argued, however, that the contracts were a sham. There were no internal arbitration rules, they said, and an arbitration had never been performed in the history of the church — all of which the church admitted in court was true.

    Nevertheless, Judge Whittemore sided with Scientology, and put a stay on the lawsuit until the Garcias submitted themselves to the arbitration scheme. Which, we point out again, didn’t actually exist.

    Now, nearly a year after Whittemore made that decision, the Garcias have come back to his courtroom in a new filing, describing the frustration they experienced as they attempted to work with Scientology’s “International Justice Chief,” Mike Ellis, to choose a panel of arbitrators and found themselves stymied at every turn.

    * * * * * END EXCERPT * * * * *
     
  2. CommunicatorIC

    CommunicatorIC @IndieScieNews on Twitter

    Former Scientologists tell federal judge: Church thwarted process to get money back

    Former Scientologists tell federal judge: Church thwarted process to get money back.

    Tampa Bay Times: Former Scientologists tell federal judge: Church thwarted process to get money back

    http://www.tampabay.com/news/scient...-judge-church-thwarted-process-to-get/2273290

    * * * * * BEGIN EXCERPT * * * * *

    Former Scientologists tell federal judge: Church thwarted process to get money back

    Thomas C. Tobin, Times Staff Writer

    Thursday, April 14, 2016 4:46pm

    TAMPA — In an attempt to resolve their $1.3 million fraud case against the Church of Scientology, a federal judge last year required Luis and Rocio Garcia to submit to the church's internal arbitration process.

    That is easier said than done, the couple says in a new motion that accuses Scientology of obstructing the process for months. It also argues that the church, by throwing up barriers, has effectively waived the right to have the matter arbitrated and asks U.S. District Judge James D. Whittemore to get on with their lawsuit.

    The Garcias, who live in California, are seeking the return of $1.3 million in donations they made to various Scientology causes during their 28 years in the church — most notably a sum of more than $420,000 that went to the church's massive "Flag Building" in downtown Clearwater.

    The couple alleges that church workers deceived and pressured them into making the donations. But their case has been made more difficult by the fact that they signed some 40 documents agreeing to go through Scientology's "religious arbitration" process if they ever had a dispute over the money.

    Under that process, the church selects one arbitrator, the Garcias select another one, and those two arbitrators select a third person. All three arbitrators must be Scientologists in good standing.

    But the Garcias say that finding a Scientologist in good standing to represent them on the panel has been every bit the challenge they predicted it would be when they urged Whittemore last year not to make them go through church arbitration.

    * * * * * END EXCERPT * * * * *
     
  3. Gib

    Gib Crusader

    Re: Former Scientologists tell federal judge: Church thwarted process to get money ba

    OMG. I thought this case was dead in the water. It now appears to me the Judge covered his ass saying lets let scientology do their arbitration. Garcia team did do the arbitration procedure.

    Turns out to be another hellvahoax.

    Go Garcia Team.
     
  4. Mimsey Borogrove

    Mimsey Borogrove Crusader

    Re: Former Scientologists tell federal judge: Church thwarted process to get money ba

    I guess he saw it was rigged, and wanted proof that was so. How will the Churches attorneys respond? How will they spin this so the Garcia's, who are no longer Scientologists, are guilty of failing to follow church policy? How will their efforts to locate a fair arbitrator, trample on Scientology's religiosity? Are you ready for a meal of juicy tortured logic?

    Mimsey
     
  5. Thrak

    Thrak Gold Meritorious Patron

    Re: Garcias back in court in fraud lawsuit after Scientology makes arbitration imposs

    Amongst other things the cherch obviously doesn't want to show how few are left in good standing.
     
  6. Jump

    Jump Operating teatime

    Re: Garcias back in court in fraud lawsuit after Scientology makes arbitration imposs

    I'll be on the lookout for the date of the hearing, it is going to be good :thumbsup:
     
  7. ThetanExterior

    ThetanExterior Goldenrod SP

    Re: Garcias back in court in fraud lawsuit after Scientology makes arbitration imposs

    If you read the court document it says that 43 of the 45 names the Garcias have submitted were taken from an official Church of Scientology website which says "meet 16,000 Scientologists on-line".

    Yet these are the names being rejected by the International Justice Chief as "not in good standing". You just couldn't make it up.:roflmao:
     
  8. HelluvaHoax!

    HelluvaHoax! Gold Meritorious Sponsor

    Re: Garcias back in court in fraud lawsuit after Scientology makes arbitration imposs

    ...

    Have I mentioned recently that Scientology is an avaricious, manipulative, lying, sociopathically cruel cult?

    They're still running the same black ops as always, the very same things that Hubbard did to Paulette Cooper and that got Mary Sue Hubbard sent to federal prison.

    They will stop at absolutely NOTHING to beat their "SP" enemies.

    It's not pleasant to say it, but the only thing these folks understand or respond to is force--lawsuits, criminal prosecution, savage public relations attacks, et al.

    Scientologists actually NEED suppression (vs. them) to stop them from destroying innocent lives and families.

    I don't mind a bit if Scientology staff beats and imprisons and psychologically tortures each other. Because they deserve it.

    Not very politically correct, am I? LOL. Well, somebody has to say it.
     
  9. Jump

    Jump Operating teatime

    Re: Garcias back in court in fraud lawsuit after Scientology makes arbitration imposs

    I agree that these days 'caveat emptor' (let the buyer beware) applies to any cult because there is google.

    However there are people who have been in for so long and they are so damaged, they are robotic shells.

    Also children born into scio families that are shielded from information or wary of being separated that need a little more compassion.
     
  10. Some Random Guy

    Some Random Guy Patron with Honors

    Re: Garcias back in court in fraud lawsuit after Scientology makes arbitration imposs

    It is a game the church loves to play, make it difficult for the complainant to communicate and get results. Something about making a comm line so painful that the other party will rather not communicate.

    I would be prepared to wager that an out of court settlement is getting closer for the Garcias. The church will settle on the front steps of the court house, moments before the case is scheduled to be heard as this is church standard operating procedures. Then there will be no court precedent, no details of the settlement and no process for other disaffected scientologists to follow.
     
  11. Enthetan

    Enthetan Mutant

    Re: Former Scientologists tell federal judge: Church thwarted process to get money ba

    What other organization, as part of an arbitration process, demands that the complainant's choice for arbitrator must be a "member in good standing" of the defendant's organization?

    The International Bar Association guidelines on arbitration state


    Part I: General Standards Regarding Impartiality,
    Independence and Disclosure


    (1) General Principle
    Every arbitrator shall be impartial and
    independent
    of the parties at the time of accepting
    an appointment to serve and shall remain so
    until the final award has been rendered or the
    proceedings have otherwise finally terminated.​

    The judge should immediately have struck down the requirement of the arbitrator having to be a "Scientologist in good standing", and immediately ruled that the arbitrator not be allowed to have any sort of current or past connection to Scientology
     
  12. Jump

    Jump Operating teatime

    Re: Former Scientologists tell federal judge: Church thwarted process to get money ba


    Would that be arguing against church rules and bring on a constitutional argument? You know they love those, it saved them in the Hedley case.
     
  13. ThetanExterior

    ThetanExterior Goldenrod SP

    Re: Garcias back in court in fraud lawsuit after Scientology makes arbitration imposs

    That's right.

    I waited for about a year to get back money I had on account at my local org. Eventually I decided to stop being "reasonable" and took them to the Small Claims Court.

    I got my money the day before the court case was due.

    My beloved Goldenrod arrived soon after.:yes:
     
  14. Mimsey Borogrove

    Mimsey Borogrove Crusader

    Re: Former Scientologists tell federal judge: Church thwarted process to get money ba

    I think that is exactly why he let them go get the arbitration - to avoid the religious amendment. Either that, or he got sick of listening to them bicker, and hoped by telling them to get an arbitration, he could avoid further involvement with the whole mess

    What are the judges options at this point?

    A) tell the Garcia's to go back and get the arbitration?
    B) issue a notice to comply to the church, with a dead line to do the arbitration?
    C) ask the church lawyers for a response explaining why he shouldn't agree that they have waived the right of arbitration?
    D) agree with the Garcia's that the church has waived it's right?
    E) tell both parties, they need to use an independent arbitratrator?
    F) call the IJC into court to question him?
    G) can you think of another?

    I think whatever he decides, he is going to try and dodge the religious amendment so his ruling stands the test of an appeal.

    Mimsey
     
  15. Free to shine

    Free to shine Shiny & Free

    Re: Garcias back in court in fraud lawsuit after Scientology makes arbitration imposs

    From Tony Ortega, with docs.:

    http://tonyortega.org/2016/05/18/sc...rginia-congressional-candidate-visits-an-org/
     
  16. Mimsey Borogrove

    Mimsey Borogrove Crusader

    Re: Garcias back in court in fraud lawsuit after Scientology makes arbitration imposs

    Tony O has an update about the Luis Garcia case, specifically the judge posted two unsolicited letters from people who have requested arbitrations, and their lack of response by the church.

    The contracts we sign to do services are "unconscionable" :
    It is my hope that the church, by failing to live up to it's own contracts, the judge rules the contracts are therefor invalid, opening the door for the rest of us to get out money back.

    Mimsey

    http://tonyortega.org/2016/07/20/th...-that-scientology-is-snowing-a-federal-court/
     
  17. Ogsonofgroo

    Ogsonofgroo Crusader

    Re: Garcias back in court in fraud lawsuit after Scientology makes arbitration imposs

    What 'church'? You mean a cult passing itself off as something meaningful in life?
    Throw on that neck-piece 'reverend', time to go con some people (ala LRon 'De Grate'). Lolol cult of LRon and their numerous contracts, even the fucking Taliban are better at that then CoS, "I am believer!" lalalalakctyachbarmofos! :eyeroll:

    sheesh. (no offense whatever meant to you Mimsey, I know yer still getting yer head around a lot of this crap)
     
  18. Mimsey Borogrove

    Mimsey Borogrove Crusader

    Re: Garcias back in court in fraud lawsuit after Scientology makes arbitration imposs

    What? Though it is a criminal cultic organization, fraudulently preying on good hearted, if naïve people, under the mantle of religion, the basic tenants of religion are present, such as the concept man is a spiritual being, god (8 th dynamic) is infinite bla bla, and thus I persist in calling it a church. I don't bother with cherch since it really means some thing else:
    if ya don' like it - ces't la vi.

    Mimsey
     
  19. Gib

    Gib Crusader

    Re: Garcias back in court in fraud lawsuit after Scientology makes arbitration imposs

    It would be great if the Judge now got a flood of more of those types of letters. :thumbsup:

    https://www.youtube.com/watch?v=jagJeaLXRRQ
     
  20. Free to shine

    Free to shine Shiny & Free

    Re: Garcias back in court in fraud lawsuit after Scientology makes arbitration imposs

    Interesting conversation from the Bunker about the letters:

    http://tonyortega.org/2016/07/20/th...s-snowing-a-federal-court/#comment-2793187024


     

Share This Page