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NOTICE OF MOTION AND MOTION TO COMPEL ARBITRATION; MEMORANDUM IN SUPPORT

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 W. Sixth Street, 18th Floor Los Angeles, CA 90017 Telephone: (213) 613-4655 Facsimile: (213) 613-4656 Attorneys for Defendant Church of Scientology International

SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF LOS ANGELES, CENTRAL DISTRICT

VALERIE HANEY, Plaintiff, v. CHURCH OF SCIENTOLOGY INTERNATIONAL; RELIGIOUS TECHNOLOGY CENTER, and DAVID MISCAVIGE; and DOES 1-25, Defendants. CASE NO. 19STCV21210

ssigned for All Purposes to: Hon. Richard J. Burdge, Jr., Dept. 37

NOTICE OF MOTION AND MOTION TO COMPEL RELIGIOUS ARBITRATION; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF

[Filed Concurrently with: Declarations of Lynn R. Farny, Catherine Fraser, and Gary Soter; [Proposed] Order]

Dept.: 37 Date: January 29, 2020 Time: 8:30 a.m.

RESERVATION NO. 523728976924

Electronically FILED by Superior Court of California, County of Los Angeles on 12/20/2019 03:17 PM Sherri R. Carter, Executive Officer/Clerk of Court, by K. Vargas,Deputy Clerk

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TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD

: PLEASE TAKE NOTICE THAT on January 29, 2020, at 8:30, a.m., or as soon thereafter as counsel may be heard in Department 37 of the above entitled Court, located at 111 North Hill Street, Los Angeles, California 90012, Defendant Church of Scientology International (“CSI”) will and hereby does move the Court for an order compelling Plaintiff Valerie Haney, a former member of the Sea Organization (“Sea Org”), the religious order of Scientology, to comply with her repeated written warranties as a lifetime Sea Org member, to forego litigation with Scientology entities and to pursue resolution of any and all disputes that might arise between her and any Scientology entity or official according to Scientology Scripture utilizing the internal justice procedures of the Church, including binding religious arbitration, and staying this matter pending final conclusion of those proceedings. This motion is made pursuant to the First Amendment, the Due Process and Equal Protection clauses of the First Amendment, the California Constitution, the Federal Arbitration Act, and California Code of Civil Procedure Section 1281.2,

et seq

., on the grounds that written agreements to arbitrate the entire controversy exist and that Plaintiff has refused to arbitrate the controversy. The constitutional right of a church to govern itself imposes severe limitations upon the power of government to intrude into the relationship between a church and its ministers and members, including resolution of disputes between a church and its ministers and members.

Watson v. Jones

, 80 U.S. 679, 729-31 (1871);

Hosanna Tabor v. Equal Employment Opportunity Commission

, 565 U.S. 171 (2012). Plaintiff was not only a member of the Scientology religion but also, through her training and service in the Sea Org religious order, served as a “minister” within the meaning, scope, and effect of the so-called “ministerial exception.” Accordingly, this Court may not impose civil standards of due process or unconscionability on the arbitration agreements made as part of Plaintiff’s membership in Scientology and her ministry within the Sea Org. This motion will be based on all of the pleadings, records, and files in this action, the accompanying Memorandum of Points and Authorities, the Declarations of Lynn R. Farny, Catherine Fraser, and Gary S. Soter, and exhibits thereto, and upon such oral and documentary evidence as may be received by the Court at the hearing on this matter.

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By this Notice and Motion, CSI also joins in the Motion to Compel Religious Arbitration filed this date by Defendant Religious Technology Center (“RTC”), and specifically joins in all arguments and evidence presented by RTC in its Memorandum of Points and Authorities in support of its Motion to Compel Religious Arbitration. DATED: December 20, 2019 SCHEPER KIM & HARRIS LLP WILLIAM H. FORMAN DAVID C. SCHEPER MARGARET E. DAYTON By:

/s/ William H. Forman

William H. Forman Attorneys for Defendant, Church of Scientology International

Of Counsel: Eric M Lieberman Rabinowitz, Boudin, Standard, Krinsky & Lieberman, P.C. 14 Wall Street, Suite 3002 New York, NY 10005 (212) 254-1111 (pro hac vice application forthcoming)