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  • Ann Ashley v. Scientology: Motion To Dismiss

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    Tony Ortega
    284 Ansichten9 Seiten
    Scientology's motion to dismiss Ashley's refund claim based on contracts she signed

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    Ann Ashley v. Scientology: Motion to Dismiss

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    Scientology's motion to dismiss Ashley's refund claim based on contracts she signed

    Copyright:

    © All Rights Reserved
    Als PDF herunterladen oder online auf Scribd lesen
    Markieren Sie unangemessene Inhalte
    284 Ansichten9 Seiten

    Ann Ashley v. Scientology: Motion To Dismiss

    Hochgeladen von

    Tony Ortega
    Scientology's motion to dismiss Ashley's refund claim based on contracts she signed

    Copyright:

    © All Rights Reserved
    Als PDF herunterladen oder online auf Scribd lesen
    Markieren Sie unangemessene Inhalte
    von 9
    1)|Ginny Leason on behalf of (Church of Scientology 2/3875 North 44® Street ||Phoenix, AZ 85218 3))602-954-1417 Defendant 4 | d 1 IN THE ARCADIA BILTMORE JUSTICE COURT, ARIZONA 4 IN AND FOR THE COUNTY OF MARICOPA. al Or Ane Ase, Case No. €¢ 20te- opre-94s¢ Plaintiff, MOTION FOR DISMISSAL PURSUANT 10 v. TO AN ALTERNATIVE DISPUTE RESOLUTION AGREEMENT ORIN | 1] Chureh of Scientology, THE ALTERNATIVE MOTION FOR ‘SUMMARY JUDGMENT x Defendant 4B ul — ‘The Church of Scientology hereby files this Motion for Dismissal Pursuant to an| Alternative Dispute Resolution Agseement or inthe Alternative for Summary Judgment. Ths 14 17]/Motion is supported by the following Memorandum of Points and Authorities and the included] 1g| Separate Statement of Facts ‘a J RESPECTFULLY SUBMITTED this 17)” “day of June, 2015. 29} al On behal ch of Scientology a 3875 North 44° Street Phoenix, AZ 85218 al Defendant i 24 25) 1 :MORANDUM OF PO! AUTHORITIES 2] This case concerns the demand by Plaintiff Ore Ann Ashley (hereinafter “Plants” of 3)°Ms. Astley”) for the ret of donations freely given to her church, defendant Church of 4] Scientology of Arizona (hereinafter the "Church o “Defendant 5] Defendant requests dismissal of this action forthe following reasoas: 6] 1._Plaintift is bound by agreements she signed, requiring that any dispute be resolved 7 through an alternative dispute resolution procedure. Ths, this Court must dismiss § this ection pending the result ofthat procedure, 9] 2, Pursuant to Constitutional principles and authorities, this Cou lacks authority to 19) ajuicate this religious dispute concerning the interpretation and appticaton of u religious doctrine, policy and procedure 12] 3. Inthe attematve of dismissal based on lack of jurisdiction, this case shouldbe 1) summarily resolved. Plaintiff donated the $2,510 she now seeks to the Church 4 Donations are considered irrevocable git. Furthermore, the agreements between 14 the partes make it clear that they are refundable soley atthe Church's discretion, 16 ‘Thus Plots not entitled to a retum of her donations othe Chueh, 17] STATEMENT oF FACTS 18] Ms. Ashley contributed various donations to the Church. She now seeks retuma of $2,510 19 worth of those donations 20] On January 5, 2015, Plaintiff Ora Ann Ashley sought to participate in religious services| 21a the Church. Asa condition of participation inthe Scientology religious services, Ms. Ashley 22| was required to sign a "Religious Services Enrolment Application, Agreement and General 23} Release” ("Agreement"). Seperate Statement of Facts (‘SSOF") 1; SOF Exhibit A. The 24) Agreement ses forth the conditions and understandings under which donations are accepted for 25a! churebes of Scientology 26 In the Agreement, Ms. Ashley acknowledged that, “T, Ann Ashley, am voluntarily signing| 2} and submitting fo Church of Scientology of Arizona (hereinafter "the Church") this Religious 3) Services Enrollment Application, Agreement and General Release (hereinafter “isl 4) Agreement") so tat, upoa its acceptance by the Church, I may partipate in Religious Services| OF Exhibit A, 1. 5 ofthe Scientology religion under the terms stated below. 6 Ms. Ashley also acknowledged thatthe services and activites of the Scientology religion Which includes defendant Church - are exclusively religious in nature. Id. at 1, (a); see also 8} a. at 1, 2(b), Central to the instant dispute, she also acknowledged the ecclesiastical doctrine| 9 applicable to all Scientology churches: 10) agree to be bound exclusively by the rules of the Church in all matters relating to ‘my participation, in the pas, the present or the future, in Scientology Religious ny Services, which includes all donations for Religious Serviees and advanced donations for future Religious Services and in all my dealings with the Church and other Scientology organizations. I understand and acknowledge that donations 1 mate to the Church are the property of the Church to use at its discretion for is 3 religious and charitable purposes. I understand that donations to the Church are generally not refundable and that I am bound by the policies of the Claims 14 Verification Board, 1s] 14.a¢4, $6; emphasis supped 16] Ms. Ashley also agreed that the Claims Verification Board (

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