Blog: Scientology Daily Digest: November 5, 2013 - 2013-11-06
Tony Ortega's Blog
I'm not a lawyer and the subject of today's article is sufficiently esoteric that it seems to be tripping even a couple of the lawyers who read Tony's blog.
Today's article focused on the response of the Garcia's legal team to the motion to dismiss on "diversity jurisdiction" grounds that the cult filed recently in the Garcias' suit in Federal Court in Florida alleging fraud in the Super Power donation campaign. Almost a year into the case, the cult's legal team dropped a bombshell, asserting that the case did not belong in Federal court because several of the cult corporate entities are trusts whose trustees are California residents. The concept of diversity jurisdiction explained by Scott last week is apparently complex and arcane, and the cult appears to have created and sprung a trap that may have some chance of success either in the trial court or on appeal, because the trial court may have to do something that breaks an apparently ironclad procedural rule to keep the cult from profiting by chicanery, risking a messy appeal, or they have to dismiss the case so it is re-filed either in Florida or California. That could be a problem if re-filed in Florida since the cult has seemed to have done well with Tampa-area judges in the past, such as in attorney Ken Dandar's being barred from suing Scientology again.