Scientology’s Bids to Dismiss Masterson Suit Fails on Appeal
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The Church of Scientology’s bid to dismiss a harassment lawsuit from women who accused actor Danny Masterson of sexual assault was largely rejected by a California appeals court Tuesday.
The bulk of the women’s stalking and intentional infliction of emotional distress claims can proceed against Church of Scientology International, Church of Scientology Celebrity Centre International, and Religious Technology Center, Justice Carl H. Moor said in an unpublished opinion. California’s Courts of Appeal, Second District mostly affirmed a trial court’s denial of anti-SLAPP motions, but modified the lower court order to strike two allegations made by the women.
The women allege the Scientology defendants orchestrated a systematic harassment campaign after they reported Masterson’s alleged sexual assaults to law enforcement. Masterson, a prominent Scientologist, was convicted in May 2023 of rape and sentenced to 30 years to life in prison.
The Church of Scientology sought to strike various of the plaintiffs’ allegations under California’s anti-SLAPP law, which prohibits meritless lawsuits that chill speech. But the appeals court found most of the challenged statements didn’t constitute protected speech under the state statute, Moor said, enabling them to proceed to trial.
The court did grant anti-SLAPP protection for two statements that lacked sufficient evidence, which include alleged statements to a reporter and food truck reviews.
Justice Brian M. Hoffstadt concurred with the opinion. Justice Lamar W. Baker partially concurred, but dissented with respect to striking allegations regarding a food truck listing, he said.
“Defendants and respondents did not carry their burden to show that the food truck listing/posting allegation implicates anti-SLAPP protected activity for the very same reasons the opinion for the court gives when discussing” other statements it said weren’t implicated by anti-SLAPP law, Baker said.
Content retrieved from: https://news.bloomberglaw.com/litigation/scientologys-bids-to-dismiss-masterson-suit-fails-on-appeal.
