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3697-9

MASTERSON’S MOTION TO STAY DISCOVERY, OR ALTERNATIVELY, FOR A PROTECTIVE ORDER

ANDREW B. BRETTLER (BAR NO. 262928) MARTIN F. HIRSHLAND (BAR NO. 322629) LAVELY & SINGER PROFESSIONAL CORPORATION

2049 Century Park East, Suite 2400 Los Angeles, California 90067-2906 Telephone: (310) 556-3501 Facsimile: (310) 556-3615 Email: Abrettler@lavelysinger.com Mhirshland@lavelysinger.com Attorneys for Defendant DANIEL MASTERSON SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES – CENTRAL DISTRICT CHRISSIE CARNELL BIXLER; CEDRIC BIXLER-ZAVALA; JANE DOE #1; MARIE BOBETTE RIALES; and JANE DOE #2, Plaintiffs, 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 [Hon. Steven J. Kleifield – Dept. 57]

DEFENDANT DANIEL MASTERSON’S NOTICE OF MOTION AND MOTION TO STAY DISCOVERY, OR, IN THE ALTERNATIVE, FOR A PROTECTIVE ORDER PENDING RESOLUTION OF A RELATED CRIMINAL MATTER; MEMORANDUM OF POINTS AND AUTHORITIES

[Declaration of Andrew B. Brettler, and [Proposed] Order Filed Concurrently Herewith]Hearing Date: January 29, 2021 Hearing Time: 8:30 a.m. Reservation ID: 372613348893 Complaint Filed: August 22, 2019 FAC Filed: February 28, 2020 Trial Date: None

Electronically FILED by Superior Court of California, County of Los Angeles on 10/08/2020 05:38 PM Sherri R. Carter, Executive Officer/Clerk of Court, by K. Hung,Deputy Clerk

 

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MASTERSON’S MOTION TO STAY DISCOVERY, OR ALTERNATIVELY, FOR A PROTECTIVE ORDER

TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that on January 29, 2021 at 8:30 a.m., or as soon thereafter as this matter be heard in Department 57 of the Los Angeles Superior Court located at 111 North Hill Street, Los Angeles, California, 90012, Defendant Daniel Masterson (“Masterson”) will and hereby does seek an order staying discovery directed to Masterson, or, in the alternative, for a protective order preventing discovery directed toward Masterson pending resolution of an ongoing and related criminal matter. This Motion is made pursuant to Code of Civil Procedure sections 128, 2017.020, 2019.030, 2023.030, 2025.420, 2030.090, and 2031.060, Evidence Code section 940, the Fifth Amendment of the U.S. Constitution, Article I, section 15 of the California Constitution,

Pacers, Inc. v. Superior Court 

, 162 Cal.App.3d 686 (1984), and additional precedent. A stay of discovery as to Masterson, or, in the alternative, a protective order shielding Masterson from discovery in this action, will allow the related criminal matter against Masterson to proceed to resolution and negate the need for Masterson to assert his rights against self-incrimination in this civil action, to the extent necessary. Plaintiffs’ unreasonable refusal to stipulate to a stay of discovery as to Masterson until the conclusion of the parallel criminal case has caused Masterson to incur unnecessary legal fees in connection with bringing this Motion, justifying an award of sanctions in the amount of $9,150 against Plaintiffs and their counsel of record jointly and severally. This Motion is based on this Notice of Motion and the attached Memorandum of Points and Authorities, the Declaration of Andrew B. Brettler and the exhibits thereto, the records, pleadings, and files herein, and upon such oral and documentary evidence as may be presented at the hearing of this matter. Dated: October 8, 2020 LAVELY & SINGER PROFESSIONAL CORPORATION ANDREW B. BRETTLER MARTIN F. HIRSHLAND By: s/ Andrew B. Brettler ANDREW B. BRETTLER Attorneys for Defendant DANIEL MASTERSON

 

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MASTERSON’S MOTION TO STAY DISCOVERY, OR ALTERNATIVELY, FOR A PROTECTIVE ORDER

MEMORANDUM OF POINTS AND AUTHORITIES INTRODUCTION I.

Through this Motion, Defendant Daniel Masterson (“Masterson”) seeks a stay of discovery against him in this civil proceeding, or, in the alternative, a protective order shielding him from discovery in this action, pending resolution of the related criminal case in the Los Angeles Superior Court in which Masterson is a defendant. L.A.S.C. Case No.BA487932 (filed on June 16, 2020)

1

. This civil proceeding and the pending criminal case are both based on the same alleged conduct of Masterson, and therefore Masterson will not be able to fully comply with discovery in this  proceeding and would potentially risk self-incrimination if civil discovery is allowed to proceed and he is compelled to participate in depositions, produce documents, and/or provide written answers to interrogatories and requests for admission. In addition, the interests of judicial economy favor granting Masterson the requested relief, as the Court will be faced with a veritable minefield of legal and Constitutional issues if discovery is allowed to proceed against Masterson before the criminal matter has been resolved. Due to the lack of prejudice to Plaintiffs should this Motion be granted, and the danger of prejudice to Masterson if discovery proceeds without Constitutional safeguards, the relevant interests of the parties weigh in favor of the Court granting relief to Masterson. Finally, Plaintiffs’ unreasonable refusal to stipulate to a stay of discovery as to Masterson until the conclusion of the parallel criminal case has caused Masterson to incur unnecessary legal fees in  bringing this Motion, justifying an award of sanctions in the amount of $9,150 against Plaintiffs and their counsel of record, jointly and severally.

RELEVANT FACTS AND PROCEDURE II.

The civil action pending before this Court,

 Bixler et. al. v. Church of Scientology  International et. al.,

 Case No. 19STCV29458, was originally filed by Plaintiffs on or about December 18, 2017. Declaration of Andrew B. Brettler (“Brettler Decl.”) ¶ 2. Plaintiffs filed their first amended complaint (“FAC”), the operative complaint, on or about February 28, 2020.

 Ibid 

. The

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 Pursuant to California Evidence Code section 452, Masterson requests that this Court take judicial notice of Masterson’s related criminal case pursuant to its authority to take judicial notice of a record of “any court of this state.” Cal. Evid. Code § 452(d).