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LOS ANGELES (CNS) - A judge will allow most of Leah Remini's claims against the Church of Scientology to proceed but dismissed some allegations, prompting the church to proclaim the ruling a "resounding victory" that gutted her case.
The actress' original suit was brought Aug. 2 in Los Angeles Superior Court and included allegations of civil harassment, stalking, intentional infliction of emotional distress and defamation. Scientology leader David Miscavige is also a defendant in both the first suit and an updated complaint brought Aug. 29.
After leaving the church in 2013, Remini became a high-profile critic. She published a memoir in 2015, "Troublemaker: Surviving Hollywood and Scientology," and later hosted three seasons of the docuseries, "Leah Remini: Scientology and the Aftermath," on A&E.
Judge Randolph M. Hammock issued a final ruling Tuesday denying the church's request for complete dismissal of Remini's primary causes of action, including defamation, intentional infliction of emotional distress and harassment. Hammock heard arguments last month on the church's anti-SLAPP motion and took the case under submission on Feb. 6.
However, the judge rejected Remini's stalking claims, stating that she has not demonstrated a "credible threat" in the church's social media postings, and he also said the actress' declaratory relief claim is already encompassed by the relief she seeks in her other causes of action.
A statement from the church Wednesday said, "This is a resounding victory for the Church and free speech -- Remini's complaint was gutted. The Church is entitled to its attorney fees and will be seeking them."
Hammock said most of Remini's contract-related claims involving economic opportunities with iHeartMedia and other entities can proceed. Although church attorneys maintain it is protected speech to demand a broadcaster remove offensive content, the faith cannot "send agents to harass the podcast's producers and staff to the point that they feared for their safety," according to the judge.
An anti-SLAPP (Strategic Lawsuit Against Public Participation) motion is rooted in a law intended to prevent people from using courts, and potential threats of a lawsuit, to intimidate those who are exercising their First Amendment rights.
Church lawyers state in their court papers that they determined that the vast majority of the allegations in the 68-page revised suit implicates the church's constitutionally protected speech or activity.
"This lawsuit is nothing but an attempt by (Remini) to stop (the) Church of Scientology International and Religious Technology Center from responding to her hateful attacks with truthful speech," the church lawyers state in their court papers.
Remini wants to impose liability on the church for stating opinions about Remini's "hateful conduct," including that she continues to defend a man found liable for rape, the church attorneys further maintain.
"Indeed ... plaintiff has not identified a single statement by the church that is neither an opinion nor true," the Scientology lawyers argued in their court papers.
When stripped of the allegations that depend on non-actionable statements, protected petitioning and that violate the statute of limitations, there is "virtually nothing left" of Remini's suit, according to the church attorneys' court papers.
In her updated complaint, the 53-year-old "The King of Queens" star repeats her allegation 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 organization also has "incessantly harassed, threatened, intimidated and embarrassed Ms. Remini's family members, friends, colleagues and business associates, causing her to lose personal relationships, business contracts and other business opportunities," the amended suit again alleges.