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Motion to Compel Religious Arbitration
67816204v1
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 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 [Assigned to Hon. Steven J. Kleifield, Dept. 57]
NOTICE OF MOTION AND MOTION TO COMPEL RELIGIOUS ARBITRATION AND FOR STAY OF LITIGATION AS TO PLAINTIFFS CARNELL BIXLER, BIXLER-ZAVALA AND JANE DOE #1; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF
[
Concurrently filed with Declaration of Warren McShane
]
Dept.: 57 Date: July 24, 2020 Time: 8:30 a.m. Action filed: August 22, 2019 Trial date: Not yet set
RESERVATION ID: 493392933848
Electronically FILED by Superior Court of California, County of Los Angeles on 04/01/2020 07:46 PM Sherri R. Carter, Executive Officer/Clerk of Court, by K. Hung,Deputy Clerk
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Motion to Compel Religious Arbitration
67816204v1
TO ALL PARTIES HEREIN AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE THAT on July 24, 2020, at 8:30 a.m., or as soon thereafter as the matter may be heard in Department 57 of the above-entitled Court, located at 111 N. Hill Street, Los Angeles, California 90012, Defendant Religious Technology Center (
“
RTC
”
) will and hereby does move the Court for an order compelling Plaintiffs Chrissie Carnell Bixler, Cedric Bixler-Zavala and Jane Doe #1 to comply with their written agreements with the Church of Scientology, which requires them to resolve
“
any dispute, claim or controversy
”
that may arise between each of them and
Church of Scientology Celebrity Centre International (“
CC
”)
(in the case of Plaintiffs Chrissie Carnell Bixler and Cedric Bixler-Zavala) and Flag Services Organization, a Church of Scientology in Clearwater, Florida (in the case of Plaintiff Jane Doe #1) or
“
any other Scientology church, any other organization which espouses, presents, propagates or practices the Scientology religion, or any person employed by any such entity,
”
through internal Ethics, Justice, and binding religious arbitration procedures. RTC also seeks an order staying this matter pending final conclusion of those proceedings.
This motion is made pursuant to 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 Plaintiffs Chrissie Carnell Bixler, Cedric Bixler-Zavala and Jane Doe #1 have refused to arbitrate the controversy. By this Notice and Motion, RTC also joins in the Motion to Compel Religious Arbitration filed this date by
Church of Scientology International (“
CSI
”)
, and specifically joins in all arguments and evidence presented by CSI in its Memorandum of Points and Authorities in support of its Motion to Compel Religious Arbitration. This Motion and Joinder will be and hereby is made on the grounds stated in the Memorandum of Points and Authorities in support of this Motion and Joinder, as well as the Memorandum of Points and Authorities filed by CSI, the Declaration of Warren McShane, the Declarations of William Forman, Lynn R. Farny, Sarah Heller and Margaret Marmolejo (which were filed by CSI), and exhibits thereto, the pleadings and other papers filed in this action, and on such other oral and documentary evidence as may be presented at the hearing on this matter.
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Motion to Compel Religious Arbitration
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DATED: April 1, 2020 JEFFER MANGELS BUTLER & MITCHELL LLP By: MATTHEW D. HINKS Attorneys for Defendant RELIGIOUS TECHNOLOGY CENTER