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SPECIAL MOTION TO STRIKE, C.C.P. § 425.16
67635449v3
JEFFER MANGELS BUTLER & MITCHELL LLP ROBERT E. MANGELS (Bar No. 48291)
rmangels@jmbm.com
MATTHEW D. HINKS (Bar No. 200750)
mhinks@jmbm.com
1900 Avenue of the Stars, 7th Floor Los Angeles, California 90067-4308 Telephone: (310) 203-8080 Facsimile: (310) 203-0567 Attorneys for Defendant RELIGIOUS TECHNOLOGY CENTER 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 [Assigned for all purposes to Hon. Richard J. Burdge, Jr., Department 37]
NOTICE OF SPECIAL MOTION TO STRIKE OF DEFENDANT RELIGIOUS TECHNOLOGY CENTER, C.C.P. § 425.16; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT
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Filed Concurrently with Declarations of Warren McShane, Gary Soter, Lynn R. Farny and Matthew Hinks
]Date: February 13, 2020 Time: 8:30 a.m. Dept.: 37 Action filed: June 18, 2019 Trial date: Not yet set
Reservation ID: 648574952746
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Electronically FILED by Superior Court of California, County of Los Angeles on 01/21/2020 11:20 PM Sherri R. Carter, Executive Officer/Clerk of Court, by M. Soto,Deputy Clerk
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SPECIAL MOTION TO STRIKE, C.C.P. § 425.16
67635449v3
TO ALL PARTIES AND THEIR COUNSEL OF RECORD: PLEASE TAKE NOTICE
that on February 13, 2020, at 8:30 a.m. or as soon thereafter as the matter may be heard in Dept. 37 of the above-entitled Court, located at 111 North Hill Street, Los Angeles, CA 90012, Defendant Religious Technology Center (“RTC”) will move this Court to strike the First, Second, Third, Sixth, Seventh, Eighth, Tenth and Twelfth Causes of Action alleged in the First Amended Complaint of Plaintiff Valerie Haney pursuant to Code of Civil Procedure Section 425.16. In addition, RTC will move to strike the punitive, exemplary and treble damage allegations of the of the First Amended Complaint (Paragraphs 92, 100, 109, 123, 130, 136, 146 and 162, and Prayer for Relief Paragraphs 4, 6 and 8), which relief is sought by way of the challenged causes of action. RTC’s special motion to strike the Complaint is made on the following grounds: (i) As alleged in the First Amended Complaint, the First, Second, Third, Sixth, Seventh, Eighth, Tenth and Twelfth Causes of Action alleged against RTC arise out of RTC’s rights of petition and free speech under the United States Constitution or the California Constitution in connection with a public issue, which are protected under Code of Civil Procedure § 425.16; (ii) Plaintiff cannot establish a probability that she will prevail on such claims; (iii) The punitive, exemplary and treble damage allegations of the First Amended Complaint (Paragraphs 92, 100, 109, 123, 130, 136, 146 and 162, and Prayer for Relief Paragraphs 4, 6 and 8) are based upon the challenged causes of action and may not be sought against a religious corporation such as RTC without prior order of the Court (CCP § 425.14.); and (iv) Pursuant to Code of Civil Procedure section 425.16(c), RTC is entitled to recover its attorney’s fees and costs. This motion is based on this Notice, the accompanying Memorandum of Points and Authorities, the Declarations of Matthew D. Hinks (“Hinks Decl.”), Warren McShane (“McShane Decl.”), Gary S. Soter (“Soter Decl.”) and Lynn R. Farny (“Farny Decl.”), and the exhibits thereto, together with the pleadings and such other materials properly considered by this Court.
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SPECIAL MOTION TO STRIKE, C.C.P. § 425.16
67635449v3
DATED: January 21, 2020 JEFFER MANGELS BUTLER & MITCHELL LLP ROBERT E. MANGELS MATTHEW D. HINKS By: MATTHEW D. HINKS Attorneys for Defendant RELIGIOUS TECHNOLOGY CENTER
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