Claire Headley's Case - Motions to Dismiss A judgment in Claire Headley's case this week involves a truck-load of WIN. The judgment: Claire Headley - Defendants' Motions to Dismiss and Strike Out The summary: CSI and RTC each applied to dismiss Claire Headley's Claim and, alternatively, for an order requiring a more definite statement. California Business and Professions Code 17200 First cause of action - Restitution of Wages Second cause of action – Unfair Business Practices CSI and RTC say – statute of limitations has expired Claire says – Defendents equitably estopped from claiming statute of limitations because of the abuses Court holds: i.e. Scientology loses. Human Trafficking / Forced Labor – California and Federal Laws Third cause of action – human trafficking / forced labor: California Alternative a) CA Penal Code 236.1 Court holds the new provision is not retrospective. Claim dismissed. Alternative b) CA common law tort of forced labor. Court holds there is no such common law tort in CA. Claim dismissed. Alternative c) CA Constitution Court holds that this is a cognizable claim. The statute of limitations has expired. However, the Court refuses to dismiss the claim because Claire may succeed in her claim that Defendants should be equitably estopped from relying on limitations periods because of the abuses. i.e. Scientology loses. Federal Trafficking and Violence Protection Act (“TVPA”), 18 U.S.C. §1589 i.e. Scientology loses. Motions for More Definite Statement i.e. Scientology loses. Motions to Strike Out Denied. Denied. Denied. A recent judgment in Laura's case was not favourable. But it will have unintended benefits.