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3697-9
DANIEL MASTERSON’S DEMURRER TO PLAINTIFFS’ FIRST AMEDNED COMPLAINT
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’ FIRST AMENDED COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES
(Declaration of Andrew B. Brettler; [Proposed] Order; Notice of Motion and Motion to Strike Filed Concurrently Herewith)
Reservation No. 070750198339
Date: September 4, 2020 Time: 8:30 a.m. Dept: 57 Complaint Filed: August 22, 2019 FAC Filed: February 28, 2020 Trial Date: None
Electronically FILED by Superior Court of California, County of Los Angeles on 04/30/2020 02:29 PM Sherri R. Carter, Executive Officer/Clerk of Court, by M. Soto,Deputy Clerk
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3697-9
DANIEL MASTERSON’S DEMURRER TO PLAINTIFFS’ FIRST AMENDED COMPLAINT
TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE
that on September 4, 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 Carnell Bixler, Cedric Bixler-Zavala, Jane Doe #1, Marie Bobette Riales, and Jane Doe #2’s (collectively, “Plaintiffs”) First Amended Complaint (the “Complaint”) in its entirety, including causes of action One through Five. As set forth in the concurrently-filed Declaration of Andrew B. Brettler (“Brettler Decl.”), Plaintiffs’ counsel failed and/or refused 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. Accordingly, on March 30, 2020, Martin F. Hirshland 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 Friday, May 1, 2020. On March 31, 2020, as also set forth in the Brettler Decl., counsel for the parties attempted to meet and confer telephonically, as required by the Code. Notwithstanding Masterson’s counsel’s efforts to address Plaintiffs’ pleading deficiencies in the Complaint, Plaintiffs’ counsel refused to engage in a substantive discussion of those issues and prematurely terminated the meet and confer conference, 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. // // //
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DANIEL MASTERSON’S DEMURRER TO PLAINTIFFS’ FIRST AMENDED COMPLAINT
The Demurrer is based on this Notice of Demurrer and Demurrer, the attached Memorandum of Points and Authorities, the concurrently-filed Brettler Decl., 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: April 30, 2020 LAVELY & SINGER P. C. ANDREW B. BRETTLER MARTIN F. HIRSHLAND By: s/ Andrew B Brettler ANDREW B. BRETTLER Attorneys for Defendant DANIEL MASTERSON