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DEFENDANTS CSI AND CC’S NOTICE OF DEMURRER AND DEMURRER
SCHEPER KIM & HARRIS LLP
WILLIAM H. FORMAN (State Bar No. 150477) wforman@scheperkim.com DAVID C. SCHEPER (State Bar No. 120174) dscheper@scheperkim.com MARGARET E. DAYTON (State Bar No. 274353) pdayton@scheperkim.com 800 West Sixth Street, 18th Floor Los Angeles, California 90017-2701 Telephone: (213) 613-4655 Facsimile: (213) 613-4656 Attorneys for Defendants Church of Scientology International and Church of Scientology Celebrity Centre International
SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF LOS ANGELES, CENTRAL DISTRICT
CHRISSIE CARNELL BIXLER; CEDRIC BIXLER-ZAVALA; JANE DOE #1; MARIE BOBETTE RIALES; and JANE DOE #2, Plaintiff, v. CHURCH OF SCIENTOLOGY INTERNATIONAL; RELIGIOUS TECHNOLOGY CENTER; CHURCH OF SCIENTOLOGY CELEBRITY CENTRE INTERNATIONAL; DAVID MISCAVIGE; DANIEL MASTERSON; and DOES 1-25, Defendants. CASE NO. 19STCV29458
ssigned to Hon. Steven J. Kleifield Dept. 57
DEFENDANTS CHURCH OF SCIENTOLOGY INTERNATIONAL AND CHURCH OF SCIENTOLOGY CELEBRITY CENTRE INTERNATIONAL’S NOTICE OF DEMURRER AND DEMURRER TO PLAINTIFF RIALES’ CLAIMS IN PLAINTIFFS’ COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION OF WILLIAM H. FORMAN IN SUPPORT THEREOF
Filed Concurrently with: Supporting Declaration of William H. Forman; [Proposed] Order
Hearing Date: March 18, 2020 Time: 8:30 a.m. Dept.: 57 Trial Date: Not Set
RESERVATION NO. 897606712223
Electronically FILED by Superior Court of California, County of Los Angeles on 01/06/2020 06:55 PM Sherri R. Carter, Executive Officer/Clerk of Court, by K. Hung,Deputy Clerk
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DEFENDANTS CSI AND CC’S NOTICE OF DEMURRER AND DEMURRER
TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that on March 18, 2020, at 8:30 a.m., or as soon thereafter as this matter may be heard, in Department 57 of the above-entitled Court, located at 111 N. Hill Street, Los Angeles, California 90012, Defendants Church of Scientology International (“CSI”) and Church of Scientology Celebrity Centre International (“CC”) will, and hereby do, demur to Plaintiff Marie Bobette Riales’ claims in the Complaint in their entirety, including Causes of Action One through Four. As set forth in the concurrently-filed Declaration of William H. Forman, on Thursday, December 12, 2019, counsel for the Parties met and conferred as required by California Code of Civil Procedure Section 430.41(a)(1)-(3) regarding the demurrer. The Parties did not reach an agreement resolving the objections and arguments raised in the demurrer. The demurrer is based on this Notice of Demurrer and Demurrer, the attached Memorandum of Points and Authorities, the concurrently-filed Declaration of William H. Forman, all pleadings and papers on file in this action, and any further evidence or argument that may be presented at the hearing. DATED: January 6, 2020 SCHEPER KIM & HARRIS LLP DAVID C. SCHEPER WILLIAM H. FORMAN MARGARET E. DAYTON By:
/s/ William H. Forman
William H. Forman Attorneys for Defendants Church of Scientology International and Church of Scientology Celebrity Centre International
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DEFENDANTS CSI AND CC’S NOTICE OF DEMURRER AND DEMURRER
DEMURRERS
Defendants Church of Scientology International (“CSI”) and Church of Scientology Celebrity Centre International (“CC”) demur generally to Plaintiff Marie Bobette Riales’ Claims in the Complaint in their entirety, including Causes of Action One through Four, on the following grounds:
Demurrer to First Cause of Action
1.
The First Cause of Action for Stalking In Violation of Cal. Civ. Code § 1708.7 misjoins parties and is therefore subject to demurrer pursuant to Code of Civil Procedure Section 430.10(d). 2.
The First Cause of Action for Stalking In Violation of Cal. Civ. Code § 1708.7 fails to state a cause of action and is therefore subject to demurrer pursuant to Code of Civil Procedure Section 430.10(e).
Demurrer to Second Cause of Action
3.
The Second Cause of Action for Physical Invasion of Privacy in Violation of Cal. Civ. Code § 1708.8 misjoins parties and is therefore subject to demurrer pursuant to Code of Civil Procedure Section 430.10(d). 4.
The Second Cause of Action for Physical Invasion of Privacy in Violation of Cal. Civ. Code § 1708.8 fails to state a cause of action and is therefore subject to demurrer pursuant to Code of Civil Procedure Section 430.10(e).
Demurrer to Third Cause of Action
5.
The Third Cause of Action for Constructive Invasion of Privacy in Violation of Cal. Civ. Code § 1708.8 misjoins parties and is therefore subject to demurrer pursuant to Code of Civil Procedure Section 430.10(d). 6.
The Third Cause of Action for Constructive Invasion of Privacy in Violation of Cal. Civ. Code § 1708.8 fails to state a cause of action and is therefore subject to demurrer pursuant to Code of Civil Procedure Section 430.10(e).
Demurrer to Fourth Cause of Action
7.
The Fourth Cause of Action for Intentional Infliction of Emotional Distress
