Marc Headley vs. Church of Scientology International 2nd Amended Complaint

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BARRY VAN SICKLE - BAR NO. 986451079 Sunrise AvenueSuite B-315Roseville, CA 95661Telephone: (916) 549-8784E-Mail: bvansickle@surewest.netAttorney for PlaintiffMARC HEADLEY

SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF LOS ANGELES MARC HEADLEY

,Plaintiff,vs.

CHURCH OF SCIENTOLOGYINTERNATIONAL, a corporateentity, AND DOES 1 - 20

Defendants.)))))))))))))))

CASE NO. BC404958PLAINTIFF’S SECOND AMENDEDCOMPLAINT FOR:1)

UNFAIR PRACTICES UNDER B&P §17200 ET. SEQ2)

LABOR CODE VIOLATIONS3)

FORCED LABOR aka HUMANTRAFFICKING ASSIGNED TO THE HONORABLE JANEL. JOHNSON, DEPT. 56INTRODUCTION

1)

This case challenges Scientology’s long-standingpractice of evading labor laws and depriving workers of basichuman rights. Plaintiff Marc Headley (“Headley”) worked longhard hours for illegal wages and was subjected to violations ofpersonal rights and liberties by Defendant Church of ScientologyInternational (“CSI”). As explained in some detail below,Defendant CSI disregards the labor laws and subjects it employeesto a coercive and controlling environment. Since leaving theScientology enterprise, Plaintiff has reported Defendant’s labor

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law violations to the California Labor Commission and filed theinitial Complaint in this action. Defendant has wrongfullyretaliated against Plaintiff for these proper and privilegedactions.2)

This case is not conceptually difficult from a legalperspective and it only asks that Scientology organizations berequired to obey laws they ignore. Simply stated, 1) Plaintiffwas an employee, 2) Defendant was the employer, 3) the employeewas paid illegal wages and coerced and 4) employer owesadditional compensation. Under controlling law, Plaintiff wasentitled to the protections of the labor laws, including legalwages, hours and working conditions. Plaintiff’s case issupported by statutory law and decisions of the U.S. SupremeCourt, the California Supreme Court and the Ninth Circuit Courtof Appeals. Defendant CSI is subject to labor laws and otherneutral laws of general applicability irrespective of whetherScientology should, or should not, enjoy tax exempt status.Further, the rights in question cannot be waived and violationsof law cannot be excused by exculpatory contracts. (Authoritiescited below.)3)

Plaintiff seeks payment for his work at minimum wage,overtime pay and other remedies authorized by law. Plaintiffseeks to establish that Defendant CSI is subject to labor lawsincluding the laws against forced labor. Defendant is prone toobscuring its malfeasance with grandiose claims of religiosity;however, there is no omnipotent “religious” defense to saveDefendant in this case. The claims of religion as a defense toviolation of law are also disingenuous. In promotional

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literature under the subtitle “What is Scientology?”Scientology’s founder L. Ron Hubbard wrote as follows:“Scientology is today the only successfully validatedpsychotherapy in the world…Scientology is a precision science.”(From the “Technical Bulletins” of L. Ron Hubbard.) Dependingupon its self-interest, Scientology presents itself as a“technology”, science, therapy, philosophy or religion, however,for purposes of the labor laws and human trafficking laws it doesnot matter because, whatever Scientology is, Defendant CSI isalso an employer with employees who are subject to the laws ofthe land.4)

Human Trafficking is commonly misunderstood. Coercedlabor is one variation of the crime. As alleged below, forcedlabor has been a crime since 2000 and prior to that it wasactionable as involuntary servitude or a common law tort. Nomovement across borders is required. It is not limited toimmigrants. As set forth in Penal Code §236.2, the “indicators”of human trafficking are as follows:a)

Signs of trauma, fatigue, injury, or other evidenceof poor care.b)

The person is withdrawn, afraid to talk, or his orhis communication is censored by another person.c)

The person does not have freedom of movement.d)

The person lives and works in one place.e)

The person owes a debt to his or his employer.f)

Security measures are used to control who hascontact with the person.