Nardella v. Narconon: Complaint
Nardella v. Narconon: Complaint
Nardella v. Narconon: Complaint
1
2
3
4
5
6
Ryan A. Hamilton
NEVADA BAR NO. 11587
HAMILTON LAW
5125 S. Durango Dr., Ste. C
Las Vegas, NV 89113
(702) 818-1818
(702) 974-1139 (fax)
[email protected]
Attorney for the plaintiffs
DISTRICT OF NEVADA
9
10
11
Plaintiffs,
12
13
14
15
16
vs.
COMPLAINT AND JURY DEMAND
NARCONON FRESH START d/b/a RAINBOW
CANYON RETREAT, a California Corporation;
ASSOCIATION FOR BETTER LIVING AND
EDUCATION INTERNATIONAL;
NARCONON WESTERN UNITED STATES;
NARCONON INTERNATIONAL, and DOES
1-100, ROE Corporations I X, inclusive,
17
Defendants.
18
19
Plaintiffs Dianna and Charles Nardella (Plaintiffs), by and through their attorney Ryan
20
21
Hamilton of Hamilton Law, LLC, file their Complaint and Jury Demand:
22
I.
23
PARTIES
24
25
1.
Plaintiffs are residents of, and for the purposes of determining federal diversity jurisdiction
2.
Defendant Narconon Fresh Start (hereafter Fresh Start), is, and at all times relevant to
this Complaint was, a corporation incorporated under the laws of, and with its principal place of
business in, the State of California. Fresh Start has been at all relevant times transacting business
in Caliente, Lincoln County, Nevada. Fresh Start may be served with process through its
registered agent, Mark Kirwin, 4480 Market St., Ste. 804, Ventura, CA 93003.
3.
4.
NI is the principal and licensor of Defendant Narconon Fresh Start. NI exercises control
10
5.
NI was doing business in the State of Nevada by and through its agent and
11
subsidiary/licensee Defendant Narconon Fresh Start. NI may be served with process through its
12
registered agent, Timothy Bowles, 1 South Fair Oaks Avenue, Pasadena, CA 91105.
13
6.
14
(ABLE). ABLE oversees the drug rehabilitation, education, and criminal justice activities of the
15
Church of Scientology including, but not limited to, Fresh Start and NI.
16
7.
17
18
8.
19
actively managing their daily operations, including conducting inspections of Narconon centers
20
21
9.
22
International and Narconon Fresh Start. ABLE may be served with process through its registered
23
24
10.
25
Fresh Start and NI are subsidiaries of the Association for Better Living and Education
Defendant ABLE is a corporation registered in the State of California with its headquarters
ABLE controls the time, manner, and method of NIs and Fresh Starts businesses by
ABLE transacts business in the State of Nevada by and through its agents, Narconon
11.
Western controls the time, manner, and method of Fresh Starts business by actively
managing its daily operations, and creating and approving their marketing materials.
12.
through its registered agent, Luria K. Dion, 249 N. Brand Blvd #384, Glendale, CA 91203.
13.
associate, or otherwise, of Defendant DOES 1-100, inclusive, and, therefore, sues these
Defendants by fictitious names. Plaintiffs will seek leave of this Court to amend this Complaint
Western transacts business in the state of California and may be served with process
Plaintiffs are unaware of the true names and capacities, whether individual, corporate,
II.
10
11
14.
This Court has subject matter jurisdiction pursuant to 28 U.S.C. 1332. The amount in
12
controversy exceeds $75,000.00, and there is complete diversity between the parties.
13
15.
14
of the events and omissions giving rise to this lawsuit occurred in this District, and the Court has
15
personal jurisdiction over each of the parties as alleged throughout this Complaint.
Venue is proper in this Court pursuant to 28 U.S.C. 1391(a) because a substantial portion
16
III.
17
FACTUAL ALLEGATIONS
18
16.
On or about December 22, 2011, Plaintiff Dianna Nardella was looking for a drug
19
20
17.
21
18.
22
19.
Dianna explained to Warczak that her son had recently been a passenger in automobile
23
accident in which three of his friends had been killed and her son was the lone survivor. Dianna
24
further explained that her son needed a rehabilitation program that provided both substance abuse
25
treatment and counseling for his grief and depression related to the auto accident.
3
20.
Warczak then knowingly made several material false representations of fact to Dianna.
Narconon Fresh Starts website, www.freshstart.net, also made many of these same false
representations.
21.
22.
involve counseling. By design, the Narconon program contains no counseling. Each patient
undergoing the Narconon program receives the same eight course materials based on the works of
First, Warczak falsely represented to Dianna that the Narconon program provided both
Narconon Fresh Start has admitted in other cases that the Narconon program does not
10
23.
The materials in the course books are L. Ron Hubbard technology. In Narconon and
11
12
undergoing the Narconon program are not allowed to go beyond or deviate from the technology
13
14
24.
15
16
25.
17
18
26.
19
advised the Narconon Freedom Center in Michigan not to claim the high success rate in
20
responding to a Better Business Bureau complaint. Ms. Arcabascio advised Narconon Freedom
21
do not say we have 70% success (we do not have scientific evidence of it). See email from Ms.
22
23
27.
24
her sons drug cravings by having Charles undergo Fresh Starts sauna detoxifying program, the
25
Second, Warczak falsely represented that the Narconon treatment program had a better
Defendants have routinely advertised that the Narconon program has a 76% success rate
For example, the Director of Legal Affairs for Narconon International, Claudia Arcabascio,
Third, Warczak falsely represented to Dianna that Fresh Start would reduce or eliminate
28.
Warczak claimed that the New Life Detoxification Program has been scientifically shown
to flush out residual drug toxins stored in fatty tissues to thereby reduce or eliminate a patients
drug cravings.
29.
Detoxification Program reduces or eliminates drug cravings. In fact, there is no scientific evidence
the New Life Detoxification Program flushes out drug toxins whatsoever.
30.
31.
As Defendants are well aware, there is no scientific evidence that the New Life
Fresh Starts website also made this false claim that its sauna program can reduce or
Fourth, Warczak falsely represented that the treatment program offered at Fresh Start is
10
11
32.
12
13
33.
14
scriptures. The Narconon treatment program has patients unwittingly study and practice
15
introductory Scientology under the premise that Scientology can treat or cure substance abuse.
16
34.
17
the Eight Dynamics of Existence, the Cycle of Communication, the Conditions of Existence, the
18
Suppressive Person doctrine, Overts and Withholds, the A-R-C triangle, and clearing words and
19
study tech.
20
35.
21
doctrines by, for example, making clay sculptures related to those doctrines.
22
36.
23
24
37.
25
To the contrary, the Narconon treatment program is comprised entirely of the study and
The materials in the eight Narconon course books come directly from Scientologys
The Narconon course books teach foundational Scientology concepts and doctrines such as
The Narconon course books have patients demonstrate their understanding of Scientology
38.
fee of $33,000.00 for Charless participation in the program in Caliente, Nevada. See Exhibit B,
39.
promised and for which Plaintiffs paid a substantial sum of money. Instead, Charles received only
Scientology indoctrination.
40.
Church of Scientology. For example, a Narconon document titled the Narconon Technical Line-
Up provides a flow chart of a patients experience into and through the Narconon program. The
10
document shows that when a patient finishes the Narconon program, the patient is to be route[d]
11
to the nearest Org for further services if the individual so desires. Org is Scientology jargon for
12
an individual church providing services for the Church of Scientology. A copy of the Narconon
13
14
41.
15
considers its program to be an initial step into getting on Scientologys Bridge to Total
16
Freedom, the key spiritual journey that practitioners of the Scientology religion undertake. See,
17
e.g., Narconon News, 1974, Volume 6, Issue 3: Narconon Is The Bridge to The Bridge, attached
18
hereto as Exhibit D.
19
42.
20
to Scientology around its offices. At Fresh Starts headquarters in Glendale, California, hangs a
21
plaque from the Church of Scientology that thanks Larry Trahant and The Narconon Fresh Start
22
Team for introducing patients to L. Ron Hubbard and The Bridge. The writing on the plaque
23
24
25
Based on these representations, Dianna admitted Charles to Fresh Start and paid an upfront
At Narconon Fresh Start, Charles did not receive any of the treatment Plaintiffs had been
Narconon documents indicate that the Narconon program is used to recruit patients into the
Narconon considers its program to be the Bridge to the Bridge. That is, Narconon
Narconon Fresh Start displays tokens of recognition it has received for introducing patients
Larry and his dynamic team at Narconon Fresh Start are hereby
warmly thanked and highly commended for their dedication and
hard work. They give us tremendous back up in introducing LRH to
6
the world and are saving lives on a daily basis. There are thousands
of beings who have taken their first steps on The Bridge, thanks to
the compassion and efforts of this team.
1
2
3
Scientology publications show that the Narconon program is part of Scientologys plan to
clear the planet. (To go clear is the ultimate spiritual goal for a Scientologist, achieved after
5
one goes up the Bridge to Total Freedom.) The document attached hereto as Exhibit F, shows a
6
Church of Scientology, or an Org as its known, with an arrow directed at the Narconon
7
8
10
11
12
In other words, the Church of Scientology is supposed to direct Narconon to achieve Scientologys
13
14
44.
15
Hubbards technology to unwitting patients seeking drug rehabilitation. This is exactly as the
16
17
explicitly outlined this strategy in an urgent Executive Directive from the Authorization,
18
Verification, and Correction Department of its Religious Technology Center. The Executive
19
Directive outlining the Social Coordination Strategy is attached hereto as Exhibit G (hereafter
20
21
45.
22
23
24
Narconon Fresh Start is using the Narconon program to introduce Scientology and L. Ron
The SOCO Directive instructed all SOCO GROUPS, which includes Narconon, as follows:
YOU ARE THERE TO SELL LRHs TECH TO THE SOCIETY
AND GET IT USED, AS THE TECH. You do this through a
SMOOTH JOB OF PROMTIONAL ORGANIZATION FRONT
GROUPS, CORPORATIONS, FIELD WORKERS, ETC.
(emphases in original).
25
7
The SOCO Directive expressly directed the use of front groups to introduce L. Ron Hubbards
46.
Because of Defendants deception, Charles did not receive any substance treatment or
5
6
47.
Plaintiffs incorporate by reference, as if fully set forth herein, each and every allegation set
48.
ABLE, NI and Western heavily influence Narconon Fresh Start and govern and control
10
49.
NI publishes operations manuals and requires that individual Narconon centers such as
11
Narconon Fresh Start d/b/a Rainbow Canyon Retreat abide by these manuals in their operations.
12
These operations manuals are called Running An Effective Narconon Center and Opening A
13
14
50.
15
Narconon Fresh Start employees. Narconon Fresh Start cannot demote, transfer, or dismiss a
16
permanent staff member at Narconon Fresh Start without approval from the Senior Director of
17
Administration at NI.
18
51.
19
Narconon Fresh Start. If a Narconon Fresh Start staff member does not meet the qualifications of a
20
staff member, the staff member may petition the Senior Director of Administration at NI to remain
21
on staff.
22
52.
23
materials that make it hard or impossible for her to do her job, she may file a Job Endangerment
24
Chit with the Ethics Department at NI. NI and Western then investigate and work to resolve the
25
These manuals show that NI, ABLE, and Western have the ultimate authority over
NI, ABLE and Western have the ultimate authority over the hiring of staff members at
If a staff member at Narconon Fresh Start believes she has been given orders or denied
53.
The operations manuals require staff members at Narconon Fresh Start to report
misconduct and nonoptimum conduct to the Quality Control Supervisor at NI. NI and Western
investigate misconduct at Narconon Fresh Start and may take disciplinary actions against its staff
members.
54.
Start.
55.
more than 40 different metrics. NI and Western review these weekly reports and order changes at
Narconon Fresh Start based on increases or decreases in the statistics in the reports.
NI and Western receive ten percent of the weekly gross income from Narconon Fresh
NI requires Narconon Fresh Start to send it detailed weekly reports containing statistics of
10
56.
NI, Western, and ABLE require that Narconon Fresh Start receive approval on all
11
promotional materials before Fresh Start disseminates them. Further, Fresh Start must obtain
12
approval as to its Internet websites from NI, Western, and ABLE before the sites go live.
13
57.
14
NI, Western and ABLE dictate the contents of those advertising materials.
15
58.
16
monies from the gross income are used to purchase new premises and also as a cushion to salvage
17
the organization in dire circumstances. The building fund is under the control of NI.
18
59.
19
inspections entail NI, Western, and ABLE monitoring and correcting the manner in which
20
Narconon Fresh Start delivers the Narconon treatment program to patients at Fresh Start. NI,
21
Western, and ABLE instruct staff at Fresh Start as to the exact manner in which they are to
22
23
60.
NI and ABLE also publish all training materials for Narconon Fresh Start.
24
61.
This includes seven different training materials on subjects ranging from the Narconon
25
NI, Western and ABLE also assist in creating Narconon Fresh Starts advertising materials.
NI requires that Narconon Fresh Start maintain a building account fund in which weekly
NI, Western and ABLE conduct tech inspections at Narconon Fresh Start. These
62.
NI, Western, and ABLE micro-manage individual Narconon centers such Fresh Start d/b/a
Rainbow Canyon Retreat to such a large extent that they publish the exact materials authorized to
63.
good photos of L. Ron Hubbard visible in every center and that materials are available to students
and staff as to L. Ron Hubbards contributions in the field of alcohol and drug rehabilitation.
64.
legal problems, including patient requests for refunds and complaints to the Better Business
Bureau. In addition, NI, Western, and ABLE work to combat negative publicity for Fresh Start.
Further, the NI Director of Technology and Approval demands and ensures that there are
NI, Western, and ABLE work with individual Narconon centers such as Fresh Start on
10
65.
NI, Western, and ABLE are intimately involved in the day-to-day operations of Narconon
11
Fresh Start. NI, Western, and ABLE have the final authority over all decisions at Narconon Fresh
12
Start relating to hiring and firing, delivery of services, finances, advertising, training, and general
13
operations.
14
66.
15
16
67.
NI, Western, and ABLE all are principals served by their agent, Fresh Start.
17
68.
Persons from the Narconon network such as Defendants herein recommend that families
18
19
referral from Narconon, the interventionist does not inform the family of Narconons connections
20
to Scientology.
21
69.
22
NI, Western, and ABLE perpetrate use the Narconon program to recruit for and promote
The Narconon network also warns interventionists against telling families that Narconon is
23
///
24
///
25
///
10
BREACH OF CONTRACT
70.
71.
exchange for consideration, to provide secular, residential drug and alcohol treatment to Charles
Nardella.
72.
drug and alcohol treatment; and (ii) providing Scientology in lieu of drug and alcohol treatment.
10
73.
Plaintiffs incorporate by reference, as if fully set forth herein, each and every allegation set
Defendants breached this contract by, inter alia: (i) failing to provide services constituting
11
12
13
74.
Plaintiffs incorporate by reference, as if fully set forth herein, each and every allegation set
14
15
75.
16
Charles Nardella contained an implied covenant of good faith and fair dealing.
17
76.
18
expectations by, inter alia: (1) having Charles Nardella unwittingly study and practice Scientology
19
in lieu of engaging in drug treatment; and (2) attempting to have Charles Nardella surrender his
20
legal rights in exchange for services for which Plaintiffs had already provided consideration; and
21
(3) persuading Dianna Nardella to send Charles to Fresh Start with promises that Narconons
22
sauna program would reduce or eliminate his drug cravings by flushing toxins and then asking
23
Charles at Fresh Start to sign an acknowledgement that the sauna program is not a medical
24
25
77.
The contract Plaintiffs entered into with Defendants for Defendants to provide treatment to
Defendants acted unfaithfully to the purpose of the contract and Plaintiffs justified
CIVIL CONSPIRACY
78.
Plaintiffs incorporate by reference, as if fully set forth herein, each and every allegation set
79.
indoctrinating and recruiting Plaintiff Charles Nardella into Scientology under the guise of
80.
Plaintiff Charles Nardella for which a medical license was required under NRS 630.160. Such
10
procedures included having Charles Nardella sit in a sauna for five hours per day for five weeks
11
and take extreme doses of Niacin and vitamins without any medical supervision.
12
81.
13
14
15
16
82.
Plaintiffs incorporate by reference, as if fully set forth herein, each and every allegation set
17
18
83.
19
fraud.
20
84.
21
22
85.
23
24
86.
25
Defendants advertised substance abuse treatment services with the intent not to sell those
12
87.
Defendants used a bait and switch scheme whereby Defendants advertised extensive
substance abuse counseling and then delivered only Scientology teaching and dangerous
Scientology rituals.
88.
were selling such as the fact that Defendants treatment program consisted of Scientology
89.
appropriate evidence such as Defendants assertions of its 76% success rate for its treatment
program and Defendants claims that the New Life Detoxification Program can reduce or
Defendants failed to disclose material facts to Plaintiffs about the services Defendants
10
11
90.
12
as a result, have lost $33,000.00. and Plaintiff Charles Nardella was deprived of the opportunity to
13
receive genuine addiction treatment and counseling for grief and depression.
14
91.
Defendants deceptive trade practices are likely to continue without court intervention.
15
92.
Plaintiffs are entitled to all available relief under NRS 41.600 including Plaintiffs
16
attorneys fees and costs of this action, Plaintiffs damages, and an injunction restraining
17
Defendants from further engaging in the deceptive trade practices complained of herein.
Plaintiffs have been the victims of Defendants deceptive trade practices listed above and,
18
19
20
21
22
23
A. Judgment in favor of Plaintiffs and against Defendants for damages in such amounts as
may be proven at trial;
24
25
F. Injunctive relief prohibiting Defendants from further engaging in deceptive trade practices.
Respectfully submitted,
By:_/s/Ryan A.Hamilton_
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
14