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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 DEMURRER
AND
DEMURRER
TO PLAINTIFFS' COMPLAINT;
MEMORANDUM
OF POINTS
AND
AUTHORITIES (Declaration
Of
Andrew
B.
Brettler;
[Proposed]
Order
Filed
Concurrently
Herewith)
Date: Time:
Dept:
March 20,
2020
8:30 a.m.
57
RESERVATION ID:
378634715965 Complaint Filed: August
22, 2019 Trial
Date: None
Set
3697-9
DANIEL MASTERSON'S
DEMURRER TO
PLAINTIFFS' COMPLAINT
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TO
ALL
PARTIES
AND
THEIR
ATTORNEYS OF RECORD: PLEASE TAKE
NOTICE
that on March 20, 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
North
Hill
Street,
Los Angeles, CA 90012, Defendant
Daniel
Masterson ("Masterson") will,
and hereby does, demur
to
Plaintiffs Chrissie
Camel
Bixler, Cedric Bixler-Zavala, Jane Doe
#1, Marie
Bobette
Riales,
and Jane Doe
#2's
(collectively,
"Plaintiffs")
Complaint
in
its
entirety, including causes
of
action
One
through Five. As set
forth in
the concurrently-filed Declaration
of
Andrew B.
Brettler,
Plaintiffs'
counsel failed to
meet and confer
as
required by California Code
of
Civil
Procedure section
430.41(a)(1)-(3)
regarding
the
Demurrer before the original
response
deadline
of
January 2,
2020. On December 27,
2019, Andrew
B.
Brettler filed
a
declaration regarding the meet and
confer obligations, thereby
extending, pursuant
to
California Code
of
Civil
Procedure section 430.41(a)(2),
Masterson's
deadline to respond
to the
Complaint to
Monday,
February 3, 2020. On January
9,
2020, as also set
forth
in
the
Brettler Declaration,
counsel for the parties met
and conferred
as
required
by
the Code. Plaintiffs' counsel
failed
and
refused
to
correct
the
pleading
deficiencies
as
set forth in
this
Demurrer, thereby necessitating this
filing.
This Demurrer
is
made pursuant
to
California Code
of
Civil Procedure
sections
430.10(b),
430.10(d) and 430.10(e), upon the grounds
that
(1)
Plaintiffs
Jane
Doe
1
and
Jane
Doe
2 lack
legal
capacity to bring their causes
of
action as anonymous
"Jane
Doe"
parties,
(2)
there
is
a
defect,
or
misjoinder,
of
parties and claims, causing prejudice to Masterson, and
(3)
all
Plaintiffs' claims
fail
to state facts sufficient to constitute any
cause
of
action against Masterson.
// //
//
// // // // 2
DANIEL MASTERSON'S DEMURRER
TO
PLAINTIFFS'
COMPLAINT
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The Demurrer
is
based on this Notice
of
Demurrer and Demurrer, the
attached Memorandum
of
Points and Authorities, the concurrently-filed Brettler Declaration,
all
pleadings
and
papers
on
file in this action, and any further evidence
or
argument that may be presented
to the
Court
at the
hearing. Dated: February
3,
2020
LAV
Y & G
AN
W
B.
B MA TIN
F. HI
RP
S
TTL FESSIONAL CORPORATION
By
AND'
T LER Att neys
fo
efen
-D,A
EL M STERSON 3
DANIEL MASTERSON'S DEMURRER TO PLAINTIFFS'
COMPLAINT