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

Discussion in 'Legal and Government Actions Involving Scientology' started by AnonKat, Jun 26, 2011.

  1. AnonKat

    AnonKat Crusader

    http://forums.whyweprotest.net/threads/laura-decrescenzos-lawsuit.37411/page-6#post-1795455

    http://forums.whyweprotest.net/threads/laura-decrescenzos-lawsuit.37411/page-5#post-1794661

    http://realitybasedcommunity.net/ar...ch-of-scientology-international-inc-et-al.php

    1. She was forced to work in harsh conditions and subjected to punishment;

    2. At the time she terminated her employment and left the facility in 2004, she was required to sign documents purporting to exculpate defendants and requiring her to keep certain information confidential or suffer penalties and fines;

    3. Defendants knew that those documents were contrary to law and unenforceable, and that defendants intended to intimidate her into believing that she had no legal rights against them;

    4. She was told at that time that she owed defendants approximately $120,000 for her job training;

    5. She remained a loyal Scientology follower until July 2008 and that, as a loyal follower, she was forbidden from reading or thinking anything negative about Scientology;
    6. She was threatened with harassment and banishment from her family and friends who remained at the Scientology facilities if she were deemed an enemy of Scientology;

    7. After leaving the facility, she made payments on her purported debt for some time because she believed that she was obligated to do so and she reasonably believed that she had no legal rights or claims against defendants because of their representations concerning the documents that she had signed; and

    8. She first realized in July 2008 that she might have legal claims against defendants despite the documents she had previously signed, when she happened upon some information on the Internet and her family members then shared their concerns.
     
  2. Free to shine

    Free to shine Shiny & Free

    Katty, you could have given the updated info.

    From Tikk on WWP:(http://forums.whyweprotest.net/threads/laura-decrescenzos-lawsuit.37411/page-6)

     
  3. skydog

    skydog Patron Meritorious

  4. Free to shine

    Free to shine Shiny & Free

    If Laura's case has life in it again, it is a VERY bad week for scientology.

    Larry Brennan makes a great post on the above thread.

     
  5. Cherished

    Cherished Silver Meritorious Patron

    This decision leads me to publish an important message for ALL ex-members who either personally experienced or personally witnessed any crimes.

    Even if the "statute of limitations" has expired and you think your story is about events too long ago to be of interest, the FBI will want to know what you suffered or witnessed.


    Limitation periods can be set aside in certain cases, or extended. It happens in criminal cases sometimes too.

    Please don't let the fact that your story isn't new stop you from making a report to your nearest FBI office. Ask to speak with the Duty Officer.
     
  6. tikk

    tikk Patron with Honors

    I posted about the California appeals court decision here, and discuss the background of Laura's case.

    EDIT: Oops. I see now that AnonKat has already posted the link. Sorry for not fully reading. I'll leave this here anyway so as to not further confuse.
     
  7. guanoloco

    guanoloco As-Wased

    Just to clarify does this mean that, although previously dismissed, the case is actually re-instated?
     
  8. tikk

    tikk Patron with Honors

    The term is "remanded" but basically, yes.
     
  9. guanoloco

    guanoloco As-Wased

    Thanks, tikk, I didn't read any of the links.
     
  10. TG1

    TG1 Angelic Poster

    Thanks, Tikk, Cherished and all the other lawyers who posted above.

    This sounds very encouraging. In so many ways!

    TG1
     
  11. FoTi

    FoTi Crusader

    I hope this goes to trial and Laura gets everything she deserves and the CoS gets everything it deserves.
     
  12. Happy Days

    Happy Days Silver Meritorious Patron

    Thanks Cherished.

    Just remember and I take this datum from Scientology. 'more times over equals certainty plus results' may not be verbatim but ya get my drift.... so keep putting the truth out there through your reports to FBI, AFP and government officials it's important.

    The CoS has gotta be hurting and this is so good...:biggrin:

    Laura, you are a very brave lady, stay strong and safe :hug:
     
  13. HALLELUJAH!!!! :happydance:
     
  14. lotus

    lotus stubborn rebel sheep!

    This is is what justice is about
    :thumbsup:

    The very best for you Laura and for others woho have to expose abuses to the authorities.
     
  15. Karen#1

    Karen#1 Gold Meritorious Patron

    VERY SIGNIFICIANT RULING


    When a Sea Org member routes out, they are made to "sign away their Constitutional rights" on bogus documents. These documents are invalid in the eyes of the Law

    So much goes on in the Sea Org that there is a paranoia that the dirty little secrets will be revealed on the Internet.

    Therefore a Sea Org member, is forced to sign on live Video Camera, some 1/2 thick worth of documents ~~ that they will not sue, will not reveal internal matters, will not post on the web, will not rah rah rah rah and that they will be liable for a huge sum of money if they violate this contract. This is done in an intimidating fashion with others in the room, sometimes a Lawyer, security guard, OSA staff etc. The penniless Sea Org member will only get his $500 cash after signing away his rights ~~ Now proven to be HOGWASH !

    ALL BOGUS.

    ALL HOGWASH.

    Laura Decrescenzo signed one of these documents on release. Worthless and meaningless.
    Sea Org members who are lurking who signed these documents that they cannot speak up, cannot go to Law Enforcement to report should ~~
    Read what the Appellate judge wrote about it ~~

    Especially pages 11 to 14

    https://www.dropbox.com/s/dzmdvguzc...cond-appellate-district_DeCrescenzo-v-CSI.pdf
     
  16. tikk

    tikk Patron with Honors

    I've maintained for a long time that nearly if not every waiver/release Scientologists are made to sign is unenforceable, so yes, this is a very encouraging ruling, emanating as it does from the California Appeals Court--meaning that the lower courts must follow its precedent.

    It is important, however, to realize the procedural context in which the ruling arose. The appeals court only ruled that Laura adequately pled in her complaint reasons why she didn't file within the 3-year statute of limitations (those reasons being Scientology's coercive, harassing, and threatening tactics designed to make the signee believe she had no further recourse or legal right to bring a claim against Scientology) well enough to survive Scientology's motion to dismiss. In deciding a motion to dismiss the court has to accept the plaintiff's allegations as true.

    Consequently, Laura now has to prove at trial (by a preponderance of the evidence) that those tactics did cause her to delay filing within 3 years. I personally think this is very possible. What isn't known is how the lower court will handle this--i.e., whether there will be a separate trial to address "[w]hether plaintiff’s reliance on the alleged threats was reasonable."

    Scientology's reliance on legally fictitious waivers and releases to cower outgoing members into not considering legal course is perhaps the most heinous of ways in which they abuse the legal process, and it's great that some light will be shown down on it. But the argument is only halfway there.
     
  17. TG1

    TG1 Angelic Poster

    Tikk, I say it everytime you come over here, but I'll say it again: I wish you came over here more often. Your insights are so valuable.

    TG1
     
  18. Idle Morgue

    Idle Morgue Gold Meritorious Patron

    This is what this lawsuit is all about:


    • it challenges Scientology’s practice of using what it calls a “primitive lie detector” to interrogate its employees in security checks;

    • it questions the legal validity of the Sea Org employment contracts, as well as the waiver forms and other documents it says they are required to sign if ever they leave;

    • and it accuses Scientology officials of trying to discourage potential witnesses in the lawsuits through bribery and intimidation.


    You GO LAURA!!
    :happydance::happydance::happydance:
     
  19. dchoiceisalwaysrs

    dchoiceisalwaysrs Gold Meritorious Patron

    Thank you Karen#1 and Tikk. The "church of scientology" is so dispicably unjust. And it totally irks me that everyday they are infiltrating human rights groups, and conning city councils and poisoning community good will activities.
     
  20. OutFO38

    OutFO38 Patron