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DEFENDANTS CSI AND CC’S DEMURRER TO RIALES’ CLAIMS IN FIRST AMENDED COMPLAINT
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 JEFFREY L. STEINFELD (State Bar No. 294848)
jsteinfeld@scheperkim.com 800 West Sixth Street, 18th Floor Los Angeles, California 90017-2701 Telephone: (213) 613-4655 Facsimile: (213) 613-4656 Attorneys for Defendants Church of Scientology International and Church of Scientology Celebrity Centre International
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
ssigned to Hon. Steven J. Kleifield, Dept. 57
DEFENDANTS CHURCH OF SCIENTOLOGY INTERNATIONAL AND CHURCH OF SCIENTOLOGY CELEBRITY CENTRE INTERNATIONAL’S NOTICE OF DEMURRER AND DEMURRER TO PLAINTIFF RIALES’ CLAIMS IN PLAINTIFFS’ FIRST AMENDED COMPLAINT
[Filed Concurrently with Declaration of William H. Forman and [Proposed] Order]
Date: June 15, 2020 Time: 8:30 a.m. Dept.: 57
RESERVATION ID: 079084081086
Complaint Filed: August 22, 2019 Trial Date: None Set
Electronically FILED by Superior Court of California, County of Los Angeles on 04/07/2020 02:46 PM Sherri R. Carter, Executive Officer/Clerk of Court, by K. Hung,Deputy Clerk
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DEFENDANTS CSI AND CC’S DEMURRER TO RIALES’ CLAIMS IN FIRST AMENDED COMPLAINT
TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that on June 15, 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 N. Hill Street, Los Angeles, California 90012, Defendants Church of Scientology International (“CSI”) and Church of Scientology Celebrity Centre International (“CC”) will, and hereby do, demur to Plaintiff Marie Bobette Riales’ claims in the First Amended Complaint in their entirety, including Causes of Action One through Four. As set forth in the concurrently-filed Declaration of William H. Forman, counsel for CSI and CC attempted to meet and confer as required by Code of Civil Procedure Section 430.41(a)(1)-(3) regarding the demurrer, on March 31, 2020, a date and time that was set by Plaintiffs’ counsel. Counsel for Plaintiffs hung-up during the meet-and-confer call before counsel for CSI and CC could address the objections and arguments raised in the demurrer. (Declaration of William H. Forman ¶¶ 2-7.) The demurrer is based on this Notice of Demurrer and Demurrer, the attached Memorandum of Points and Authorities, the concurrently-filed Declaration of William H. Forman, all pleadings and papers on file in this action, and any further evidence or argument that may be presented at the hearing. DATED: April 6, 2020 SCHEPER KIM & HARRIS LLP WILLIAM H. FORMAN DAVID C. SCHEPER MARGARET E. DAYTON JEFFREY L. STEINFELD By:
/s/ William H. Forman
William H. Forman Attorneys for Defendants Church of Scientology International and Church of Scientology Celebrity Centre International
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DEFENDANTS CSI AND CC’S DEMURRER TO RIALES’ CLAIMS IN FIRST AMENDED COMPLAINT
DEMURRER
Defendants Church of Scientology International (“CSI”) and Church of Scientology Celebrity Centre International (“CC”) demur generally to Plaintiff Marie Bobette Riales’ Claims in the First Amended Complaint in their entirety, including Causes of Action One through Four, on the following grounds:
Demurrer to First Cause of Action
1.
The First Cause of Action for Stalking In Violation of Cal. Civ. Code § 1708.7 misjoins parties and is therefore subject to demurrer pursuant to Code of Civil Procedure Section 430.10(d). 2.
The First Cause of Action for Stalking In Violation of Cal. Civ. Code § 1708.7 fails to state a cause of action and is therefore subject to demurrer pursuant to Code of Civil Procedure Section 430.10(e).
Demurrer to Second Cause of Action
3.
The Second Cause of Action for Physical Invasion of Privacy in Violation of Cal. Civ. Code § 1708.8 misjoins parties and is therefore subject to demurrer pursuant to Code of Civil Procedure Section 430.10(d). 4.
The Second Cause of Action for Physical Invasion of Privacy in Violation of Cal. Civ. Code § 1708.8 fails to state a cause of action and is therefore subject to demurrer pursuant to Code of Civil Procedure Section 430.10(e).
Demurrer to Third Cause of Action
5.
The Third Cause of Action for Constructive Invasion of Privacy in Violation of Cal. Civ. Code § 1708.8 misjoins parties and is therefore subject to demurrer pursuant to Code of Civil Procedure Section 430.10(d). 6.
The Third Cause of Action for Constructive Invasion of Privacy in Violation of Cal. Civ. Code § 1708.8 fails to state a cause of action and is therefore subject to demurrer pursuant to Code of Civil Procedure Section 430.10(e).
Demurrer to Fourth Cause of Action
7.
The Fourth Cause of Action for Intentional Infliction of Emotional Distress