Attorneys representing Leah Remini and the Church of Scientology filed court papers Monday with the new judge overseeing the actress’ civil suit asking that the case be temporarily put on hold pending the outcome of the church’s appeal of a previous judge’s mixed ruling on the church’s anti-SLAPP motion.
The 53-year-old “The King of Queens” star’s suit alleges that Scientologists “have undertaken a campaign to ruin and destroy the life and livelihood of Leah Remini, a former Scientologist of nearly 40 years, a two-time Emmy-award winning producer, actress and New York Times best-selling author, after she was deemed a suppressive person and declared fair game by Scientology in 2013, when she publicly departed Scientology.”
The state’s anti-SLAPP — Strategic Lawsuit Against Public Participation — law is intended to prevent people from using courts, and potential threats of a lawsuit, to intimidate those who are exercising their First Amendment rights.
The actress’ original Los Angeles Superior Court suit was brought last Aug. 2 and included allegations of civil harassment, stalking, intentional infliction of emotional distress and defamation. The Religious Technology Center and church leader David Miscavige also are defendants in both the first suit and an updated complaint brought Aug. 29.
In March, Judge Randolph M. Hammock, in a mixed ruling on the church’s anti-SLAPP motion, allowed portions of Remini’s case to proceed to trial, but eliminated enough other parts of it to prompt the issuance of a church statement proclaiming the ruling a “resounding victory” and stating that its lawyers will seek attorneys’ fees. The church is appealing the ruling.
Miscavige was not officially part of the case until later and his attorneys later successfully convinced Hammock to remove himself from the case on grounds Miscavige could not get a fair trial before him. The case was reassigned in April to Judge Holly J. Fujie.
On Monday, the joint papers filed by both sides asked that the stay on the case be implemented pending the outcome of the church’s appeal. Miscavige’s lawyers also are committing to not file an anti-SLAPP motion of their own, and they want all claims ultimately stricken against the church by the appellate court order be also dismissed against Miscavige.
The attorneys state that their agreement, if approved, will save both sides attorneys’ fees and prevent a waste of court time.