Pattinson complaint #3 properly formatted
Tilman Hausherr
LAW OFFICES OF GRAHAM E. BERRY
One Wilshire Boulevard
Twenty-First Floor
Los Angeles, California 90017-3383
Telephone: (213) 833-5900
Facsimile: (213) 833-5909
Attorneys for Plaintiff
MICHAEL P. PATTINSON
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
MICHAEL PHILIP PATTINSON, Case No. 98-3985CAS (SHx)
Plaintiff, THIRD AMENDED COMPLAINT FOR
vs.
(1) Fraud (Counts 1-6)
CHURCH OF SCIENTOLOGY (2) Constructive Fraud
INTERNATIONAL, a California (3) Unfair Business Practices
Corporation; RELIGIOUS (4) Breach of Fiduciary Duty
TECHNOLOGY CENTER, a (5) False Imprisonment
California Corporation; CHURCH (6) Invasion of Privacy
OF SPIRITUAL TECHNOLOGY, a (7) Intentional Infliction of
California Corporation; Emotional Distress
BUILDING MANAGEMENT SERVICES, (8) Interference with
a California Corporation; THE Business Relations
SEA ORGANIZATION, a California (9) Negligence
unincorporated association; (10) Breach of Contract and
MARY SUE HUBBARD, an Breach of the Covenant of
individual; CAPTAIN DAVID Good Faith and Fair
MISCAVIGE, an individual; Dealing
KENDRICK L. MOXON, an (11) Restitution
individual; and DOES 1 through (12) Unjust Enrichment,
10, inclusive, Accounting, Equitable
Tracing and Imposition
Defendants. of Constructive Trust
(13) Declaratory and
Injunctive Relief
JURY TRIAL DEMANDED
Trial Date: None
Discovery Date: None
Motion Cutoff: None
PRELIMINARY STATEMENT
COMES NOW Plaintiff, Michael Pattinson, and for his Third
Amended Complaint against these Defendants, and alleges as
follows:
JURISDICTION
1. This case originally arose, inter alia, under and
was brought pursuant to the Racketeer Influenced and
Corrupt Organization laws (RICO), 18 U.S.C. รต1964, and 42
U.S.C., รตรต1983, 1985 and 1988; the matter in controversy
exceeding $75,000 exclusive of costs and interest, and by
the United States Government being a Relief Defendant
herein. Confronted by Defendants' written policy of using
litigation as a means to "overwhelm," "harass," and
"destroy" an opponent, Plaintiff has dismissed those claims
and certain non-appearing Defendants in order to
expeditiously advance Plaintiff's other claims to trial.
Venue in this district is authorized under 187 U.S.C. รต1965
in that the Defendants herein reside, are found, have
agents, have transacted or transact affairs within this
district and that 'minimum contacts' and 'national
contacts' exist. This Court continues to have ancillary
and pendent jurisdiction over the state law claims stated
herein in that they arise from a common nucleus of
operative facts. The torts herein alleged involve
substantial identity of persons, wrongful conduct on the
part of Defendants and resulting damage to Plaintiff
herein.
SECULAR ACTION
2. This Third Amended Complaint is not directed at
any of Defendants' religious beliefs or freedoms. It is
only directed at Defendants' demonstrably secular policies,
processes, practices and conduct in connection with, at the
very most, religiously motivated conduct which is subject
to regulation for the protection of society.
THE PARTIES
3. Plaintiff MICHAEL PHILIP PATTINSON ("Plaintiff") is an
individual domiciled and residing in the State of California,
County of Orange. Plaintiff is a citizen of the United Kingdom
of England, Scotland, Wales and Northern Ireland.
4. Defendant Church of Scientology International ("CSI")
is a California corporation with its principal office in the
City of Los Angeles, County of Los Angeles, State of California.
5. Defendant Religious Technology Center ("RTC") is a
California corporation with its principal office in the City of
Los Angeles, County of Los Angeles, State of California.
6. Defendant Church of Spiritual Technology ("CST") is a
California non-profit corporation with its principal place of
business in the City of Los Angeles, County of Los Angeles,
State of California.
7. Defendant Building Management Services ("BMS") is a
California non-profit religious corporation, with its principal
offices in the City of Los Angeles, County of Los Angeles, State
of California.
8. Defendant Sea Organization ("Sea Org") is an
unincorporated California-based entity or association housed in
the various business offices of the corporate Defendants herein,
and is one of the alter-ego entities which control the
Scientology enterprise throughout the world.
9. Defendant Mary Sue Hubbard ("MSH") is a resident of
the City of Los Angeles, County of Los Angeles, State of
California.
10.Defendant Captain David Miscavige ("Captain
Miscavige" or "David Miscavige") is a resident of the State of
California and does business within the City of Los Angeles,
County of Los Angeles.
11.Defendant Kendrick L. Moxon is a resident of the City
of Los Angeles, County of Los Angeles, State of California.
12.Defendants are sued, inter alia, because: CSI is the
mother church of Scientology and the successor to Church of
Scientology of California which was the mother church in Fall
1973; RTC is the holder of Scientology's trademarks and
responsible for the purity of Hubbard's "technology" and holder
of the copyright to "Keeping Scientology Working #1 ("KSW #1"),
and other of Hubbard's copyrighted materials; BMS is the owner
of much of the corporate Defendants' real estate; the Sea
Organization is an unincorporated association that is the alter
ego controlling entity of the entire Scientology enterprise;
Mary Sue Hubbard was one of Scientology's managing agents in
Fall 1973 and responsible for substantial conduct complained of
herein in her then number two position as "The Guardian"; David
Miscavige is now the managing agent of the entire Scientology
enterprise and personally participated in the wrongs complained
of by Plaintiff herein; Kendrick Moxon is an attorney, and was
once with the Guardian's Office, through whom much of
Scientology's fair game policies and practices complained of
herein are conducted and he is personally conducting the current
fair gaming of Plaintiff. In essence, Miscavige directs the
abuses of those inside and outside the Scientology enterprise
and Moxon implements the abuses of those outside of the
Scientology enterprise. References to Defendants herein shall
include their predecessors, both corporate and "post," and the
then agents of same.
13.Plaintiff is ignorant of the true names and capacities
of Defendants, Does 1 through 10, and therefore sues said
Defendants by fictitious names. Plaintiff will seek leave to
amend this complaint when the true names of said Defendants have
been ascertained. Plaintiff is informed and believes and on
that basis alleges that each of the fictitious Defendants was in
some way responsible for, participated in or contributed to the
matters and things of which Plaintiff complains herein and, in
some fashion, has legal responsibility therefore.
14.There exists, and at all times relevant hereto, has
existed, such a unity of control and interest among the
corporate Defendants, and the Sea Org, such that any
individuality and separateness between each of them has ceased
and each is the alter ego or agent of the others. Adherence to
the fiction of the separate existence of the Defendant
corporations and of the Sea Org would permit an abuse of
corporate privilege and would promote injustice in that, via the
unified control, the assets of the corporate Defendants and Sea
Org can be transferred at will and thus concealed from corporate
debts, liabilities, government obligations and taxes and other
obligations. Adherence to the fiction of the separate existence
of the Defendant corporations and the Sea Org would also be
inequitable because the Managing Agents and/or subdivisions of
the Scientology enterprise can transfer personnel and control of
documents from one entity to another, thus allowing the
Defendants to avoid legitimate discovery and thereby to effect
the continuing abuse of process, obstruction of justice, and
improper manipulation of the judicial system.
15.At all times herein mentioned, each of the Defendants
and/or their predecessors, affiliates, subsidiaries and related
entities, and each of the Doe Defendants, was the agent,
servant, employee, fellow member, associated and/or joint
venturer or conspirator of each of the other remaining
Defendants and was at all times acting within the purpose and
scope of said agency, employment or joint venture, and acting
with the express and/or implied knowledge or consent of the
remaining Defendants, and each of them. The acts of each
Defendant were approved and/or ratified by each other Defendant,
and together, constitute a single course of conduct.
FIRST CAUSE OF ACTION (FRAUD)
(Against All Defendants and Does 1-10, Inclusive)
16. Plaintiff refers to and incorporates by reference each
and every paragraph set forth above, and paragraphs 66 to 80
below, as though each were fully set forth herein.
*
COUNT ONE
(Scientifically Proven Claims To Cure Illness and Disease)
17. From Fall 1973 to Fall 1997, the predecessors of the
corporate Defendants herein, and their agents, made numerous
misrepresentations and non-disclosures regarding their
responsibilities in connection with Commodore Hubbard's Policy
Letter "Keeping Scientology Working Series #1 ("KSW #1"). Such
responsibilities included ensuring that Hubbard's ("LRH")
"standard tech," ethics and administration would be fairly and
uniformly applied for Plaintiff's betterment. Between 1991 and
Fall 1997 RTC, CSI, and in particular, Captain Miscavige, failed
to adequately and effectively ensure that LRH's "standard tech,"
ethics and administration were applied to Plaintiff's benefit in
accordance with KSW #1. Instead, RTC, CSI, and Captain
Miscavige in particular, denied the correct Hubbard technology
from being applied to Plaintiff in breach of their duties
pursuant to the contents of KSW #1.
18. RTC, CSI, and in particular Captain Miscavige, not
only denied Plaintiff LRH's "standard tech," ethics and
administration as mandated by KSW #1 but also denied Plaintiff
the recourse that they were duty bound to provide to Plaintiff
pursuant to Hubbard's Policy Letters such as contained in Volume
One of the Organization Executive Course ("O.E.C.," the
"administrative" works of Hubbard). Despite having usurped
their positions and authority, RTC, CSI and Captain Miscavige
were required by LRH's "standard tech" and KSW #1 to enforce
technology applications, warranted by Plaintiff's circumstances,
such as "third party investigations," assigning "ethics
conditions" to offending staff members, correcting justice
actions, permitting Plaintiff to face his accusers and other
"standard tech," "ethics" and "admin" "handlings."
19. RTC, CSI and Captain Miscavige's destructive denial of
the purported benefits of KSW #1, standard tech, ethics and
admin to Plaintiff, contrary to Defendants' express
representations to Plaintiff, and to provide him proper recourse
as promised, caused Plaintiff substantial duress, distress and
damage as alleged herein. Such distress and damage is now
aggravated by Defendant Moxon's "fair gaming" of Plaintiff in
the form of filing a retaliatory complaint captioned Reveillere
v. Pattinson (O.C.S.C. Case No. 800981) and using tax exempt
section 501(c)(3) monies to prosecute the private lawsuit of a
fellow OSA staffer to collect a private debt allegedly existing
between two Scientologists, using information culled from
Plaintiff's confidential counseling files therein, and utilizing
"Black Scientology" and destructive fair game operations in
deposing Plaintiff in that litigation.
20. Beginning in or about the Fall of 1973, agents and
representatives of various of the Defendants herein, including
Colette Byasson, Hank Laarhuis, Jean-Pierre Vogel and Cathy
Vogel, at the Scientology enterprises' premises then at Rue de
Londres, Paris, France, began a long-term series of
misrepresentations, and non-disclosures, to Plaintiff concerning
the nature and source of Scientology's "technology", and the
advantages to be derived therefrom. These misrepresentations
and non-disclosures were, inter alia, set forth in the "Keeping
Scientology Working No. 1" ("KSW #1") Policy Letter ("PL"),
Dianetics, the Modern Science of Mental Health ("DMSMH"),
Handbook for Preclears (13th Act, p. 204), Hubbard
Communications Office Policy Letters ("HCOPL") "Safeguarding
Technology" and other Scientology promotional materials and
magazines. These misrepresentations included claims that
Scientology was a science which had objectively been proven to
be able to improve one's IQ, cure a person of his/her physical
ailments and "cure" a person of his/her homosexuality. In
addition to the oral and written misrepresentations made, and
set forth above, misrepresentations on the part of various of
the Defendants were made from Fall 1973 to Fall 1997 by way of
the various publications, tapes, books, and promotional material
supplied by Defendants and their agents to the Plaintiff.
21. Between Fall 1973 and Fall 1998, the various
misrepresentations made, and material non-disclosures not made,
to the Plaintiff, were false, misleading and untrue in numerous
respects, including, but not limited to: representations
concerning the scientific qualifications of L. Ron Hubbard as in
Hubbard's biographical data in various of his books, i.e.,
DMSMH, Dianetics: The Evolution of a Science, What is
Scientology?, The Creation of Human Ability, All About
Radiation, etc.; the scientific basis for Scientology; the
source of materials and the "technology"; the nature and quality
of Scientology services; the scientific "underpinning for the
tenets of Scientology" ("Axioms and Logics" booklet, now in
Scientology 0-8); the validity of various copyrights and
trademarks; and the use to which they were being put; and the
various benefits, including on-going good health, that Plaintiff
could expect from training and processing provided by
Defendants. Additionally, representations were made to
Plaintiff that problems that he believed he was suffering from,
as a result of his sexual orientation were not, in fact, a
problem of orientation, but rather were a physiological/
psychosomatic manifestation that, supposedly, according to LRH,
were the result of "engrams" and "implants" affecting Plaintiff
that could and would be cured by purchasing more services from
Scientology, and, in particular, by continued Scientology
"auditing" with the E-meter.
22. In the Fall of 1973, Plaintiff began taking courses in
"auditing" through the Scientology organization at Rue de
Londres, Paris, France, where Scientology staff member, Colette
Byasson, used Hubbard's dissemination procedure on Plaintiff to
"find his ruin," which Defendants have consistently identified
as his homosexual orientation, considered by Defendants to be a
curable psychosomatic or mental condition, and to use that
"ruin" to induce Plaintiff to pay for Scientology services
administered by Defendants.
23. The Scientology enterprise, through its agents,
expressly reassured Plaintiff that Scientology was the answer to
all of Plaintiff's personal problems that were "ruining" his
life, including his homosexuality which Plaintiff was then
having difficulty accepting. Through their representations and
material non-disclosures, between Fall 1973 and Fall 1997,
Defendants induced Plaintiff to utterly commit to the
Scientology enterprise and the writings and teachings of
Commodore Hubbard and his adherents as a cure for his perceived
suffering and "ruin."
24. Initially, in the Fall of 1973, Plaintiff was
expressly told by Colette Byasson of Scientology's Paris Org,
that Scientology was not a church. Much later, after an adverse
federal court ruling regarding the E-meter, and after coercive
indoctrination, it was represented to Plaintiff, at Flag in 1976
and 1977, and by Jane Kember and other Guardian's Office
personnel, in briefings at Versailles and other places, in 1977
and 1978, and expressly for public relations, regulatory and tax
purposes, that it was a church that co-existed with other
churches, the adherents of which could concurrently practice
Scientology and their other faiths without inconsistency. This
was part of a fraudulent scheme to exert total control over
Plaintiff and over his mind, morals and money.
25. At all relevant times between Fall 1973 and Fall 1997,
agents of the various Defendants represented to the Plaintiff
the various purported physical and mental advantages to be
obtained through following the practices of Defendants and, in
particular, as to his continued good health and well being, and
the "handling" of his homosexuality, as long as he continued in
the courses of Scientology study and auditing in accordance with
Defendants' express and implied representations and material non-
disclosures. Reasonably relying on those representations, and
the material non-disclosures, described herein, and in the face
of representations by various agents of the Defendants that he
had no need of conventional, medical or mental health therapy
to, among other things, "handle" his homosexuality or "ruin,"
Plaintiff refrained from seeking such conventional therapy or
counseling, or other conventional medical attention, while a
member of Scientology to his physical, mental and financial
detriment.
26. In or about April 1975, Plaintiff became a staff
member at the "Scientology Org" in Paris, France. During his
tenure as a dedicated Scientology staff member in Paris, he
worked from 9:00 a.m. to approximately 11:30 p.m. seven days a
week for months at a time for pay that was at or below the
poverty level. The resulting combination of fatigue, stress and
reliance upon Defendants as his only perceived support group
made Plaintiff increasingly susceptible to coercive
indoctrination and influence, particularly as a result of the
use of a new lexicon with words being defined differently from
the commonly accepted definitions. Because Defendants regarded
Plaintiff's subsequent departure from the staff of the Paris Org
to be a breach of his commitment to Defendants, they submitted
Plaintiff with a "freeloader bill" in the amount of $30,000.00.
Such monies allegedly represented the dollar value of the
"indoctrination procedures" Plaintiff had received from the
Defendants while being on staff at the Paris Org. That is,
Defendants, charged Plaintiff for each "session" in which the E-
meter had been used and for all indoctrination sessions and
other "services" received whilst he was engaged in training at
Flag Land Base and then while in virtual slave labor for the
Scientology organization at the Paris Org. Plaintiff understood
that the consequences of failing to pay the "freeloader bill"
was a certainty of "fair game" and/or "disconnection" from
friends within "the group".
27. After leaving the staff of the Scientology org. in
Paris in 1978, Plaintiff continued his auditing and processing
through the State of "Clear" and up to the "O.T. Levels" in
Copenhagen, Denmark. Continuing to reasonably rely upon the
misrepresentations and material non-disclosures of Defendants
and their agents, and being increasingly subjected to their
coercive indoctrination, group hypnosis, brainwashing and other
mind control techniques, Plaintiff continued to undergo
Scientology auditing, processing and to take other Scientology
courses at the Flag Land Base in Clearwater, Florida between the
years 1982 to 1989. In February 1990, Plaintiff completed the
then highest-known Scientology level called New OT VIII.
28. In February 1986, Plaintiff signed the Sea Org's
"billion year" employment contract, as a direct consequence of
the LRH Death Announcement Event, which Plaintiff attended at
the Flag Land Base Auditorium in Clearwater, Florida, and at
which Defendant Captain Miscavige and "Loyal Officers" Pat and
Annie Broeker made material misrepresentations which Plaintiff
reasonably relied upon to his damage and detriment including but
not limited to: (a) That, in accordance with the Scientology
policy regarding the telling of an "acceptable truth," LRH's
body had become such a restraint that he had to leave it behind
or "drop" it, on a self-determined basis, in order to continue
his research into upper OT levels, whereas the real truth was
that LRH had died as a degraded and hermit-like incoherent
fugitive, unkempt, with rotting teeth, long nails, and withered
appearance, having suffered a major stroke with numerous recent
needle marks on his body and whilst being administered
psychiatric drugs including, but not limited to, Vistril which
was expressly contrary to Defendants' own rules and regulations;
(b) The continued availability of the upper level materials
beyond OT VIII, despite LRH's death. Specifically, Pat Broeker
displayed a transparency on the screen of the auditorium on
which was LRH's purported handwriting showing approximately 33
sets of 3 numbers in series representing an astronomical figure
which represented a date which Pat Broeker claimed came directly
out of LRH's OT X materials (which did not exist, at least at
that time) and that he had been personally assisting LRH with
his research into the upper OT levels, was privy to them, was
now personally in charge of them and was now a loyal officer
under LRH's absent auspices; (c) That, according to Pat Broeker,
LRH had left all the subsequent OT levels up to OT XV (Total
Freedom), in a state of readiness to be released when he (being
Pat Broeker) and RTC deemed it appropriate. Plaintiff
reasonably relied upon these misrepresentations to his damage
and detriment believing that those additional OT levels were
available to him when, in fact, they were not, as Defendant
Captain Miscavige well knew.
29. The aforesaid misrepresentations and non-disclosures
materially induced Plaintiff to assist the Sea Org's efforts and
goals to "Clear The Planet" by becoming the OT Cramming Officer
on the upcoming Sea Org OT VIII ship which was subsequently the
M.V. Freewinds. When Plaintiff signed the Sea Org Contract,
vowing to serve the Sea Org for the next one billion years, the
Sea Org recruiter (Dee Ann Rule) put Plaintiff on a "Project
Prepare" in which he had to eliminate all personal debts prior
to activating his contract through a procedure known as a
Fitness Board. However, Plaintiff was subsequently required to
continue to pay for Scientology auditing and therefore his debts
increased, and he was thus prevented from completing the
"Project Prepare."
30. Defendants' fraudulent misrepresentations, and
material non-disclosures, and Plaintiff's reasonable and
detrimental reliance thereon, to his great damage, continued
throughout his nearly 25 years of membership in the Scientology
enterprise . For example, while taking the Scientology courses
in auditing, he was constantly reminded by Scientology
"registrars" (whose job it is to obtain monies from
Scientologists for the purposes of the Scientology enterprise
and those of Defendants herein) of his "ruin" and that the next
course or auditing or "brand new Hubbard breakthrough" would
solve his "ruin," or "cure" his homosexuality and other mental
and physical ailments, forever. At the time Plaintiff was
persuaded that they could "handle" his homosexuality with
"processing," Defendants never advised him of the H.A.S.I.
Directive No. 152 stating that "persons with long homosexual
histories" are "forbidden" from receiving the very processing he
was paying for.
31. In 1995 agents of Defendants, including Mary
Voegeding, implicitly referred to the "success story" of John
Travolta in that regard while both John Travolta and Plaintiff
were simultaneously "on lines" at Defendant's Flag Land Base in
Clearwater, Florida, while failing to disclose published reports
of John Travolta's homosexual relationship with porn actor Paul
Barresi.
32. Defendants coercively indoctrinated Plaintiff into
believing that LRH was the "Source" of all knowledge so that
Plaintiff was brainwashed into continuing to rely on Defendants'
misrepresentations and material non-disclosures including the
fact that Scientology had not handled LRH's numerous physical
ailments, nor Captain Miscavige's illness, nor Moxon's illness,
all being matters clearly indicating that Scientology does not
work, contrary to the public statements of Scientology nor that
Scientology public relations chief Heber Jentzsch's wife,
Yvonne, died after her health problems were not handled by
auditing even though LRH intervened to personally "handle" her
"physical condition."
33. After Plaintiff completed Scientology's most advanced
course, New OT VIII, in February 1990, he returned to Paris,
France, reasonably relying upon Defendants' representations that
his personal problems ("ruin") such as his homosexuality, had
been finally resolved. However, two months later, Plaintiff's
"ruin", being his homosexual urges, returned even more strongly
than before. Although Plaintiff had done the New OT VIII course
on the M.V. Freewinds, at such great expense as to totally ruin
him financially, he could not return to the M.V. Freewinds for
further "handling" of his "ruin" unless he paid the Defendants
even more money. Moreover, Plaintiff knew that if he could
not/did not pay Defendants even more money for their courses and
auditing then he could be "off loaded" for being unable to pay
Scientology's "fixed donations."
34. Consequently, Plaintiff moved to Mexico to convalesce
and to recover financially. Having been destroyed financially
by Defendants, and as a direct consequence thereof, Plaintiff
lost all of his personal possessions in Paris. In 1995,
Plaintiff then proceeded to the Flag Land Base in Clearwater,
Florida with the intention, and confidence based on Defendants'
misrepresentations dating back 20 years, that his continuing
"injustice problems" and "ruin" could be resolved by Defendants
and their "tech," "ethics," and "admin," including KSW #1. From
1995 through the end of May 1997, Plaintiff's "condition"
worsened despite Defendants' continuing misrepresentations. At
the time, Plaintiff had been so coercively indoctrinated,
brainwashed, subjected to hypnotic suggestions and other methods
of mind control, that he did not recognize the mentally
manipulative effect of Defendants carrot and stick, bait and
switch, "ethics" handlings, rewards and punishment.
35. During this period of time, Plaintiff was in
communication with the most senior echelons of the Scientology
hierarchy including Captain Miscavige personally, who expressly
promised to see to a complete and final resolution of the
"injustices" perpetrated, but failed to do so in disregard of
KSW #1. At the end of 1996, while Plaintiff was still under the
coercive indoctrination, hypnosis, mind control and mental
manipulation techniques of Defendants, Plaintiff was ordered to
attend a "briefing" in the restaurant of Scientology's Sand
Castle Hotel in Clearwater, Florida. Plaintiff was informed
that the Scientology senior management had discovered that the
New OT VII level of Scientology had been delivered and applied
erroneously and that its results on the "public" were in some
unspecified way defective and he could, thereby, be suffering
life-threatening defects himself. However, Plaintiff was denied
entry to the briefing by Captain Miscavige, and permission to
read the related publication, even though he had, in fact, paid
for and completed the New OT VII and New OT VIII levels.
36. Contrary to the misrepresentations and material non-
disclosures, and the writings and teachings of Hubbard and his
adherents, including KSW #1, Defendants did not solve the major
personal "ruin" that Plaintiff had described to Defendants, nor
cure his homosexuality, notwithstanding 25 years of avid
dedication, the expenditure of over half a million dollars in
actual "fixed donations" of money, the participation in
innumerable hours of auditing, processing and training in
exclusively Scientology techniques, the expenditure of skill and
labor in the employ of the Scientology enterprise, and his
eventual ascent to becoming one of the approximately 1,200 elite
Scientologists who had undergone the extensive range of auditing
from "introductory sessions" through to Operating Thetan Level 8
("New OT VIII"). Moreover, in the representations made by LRH
in DMSMH, particularly the chapter entitled "The Clear,"
detailed description is given of the qualities possessed by a
"clear." Plaintiff was determined to have attained the
purported state of "clear" in 1979 and has since discovered that
he did not receive the promised benefits. In particular: poor
eyesight, recall and "aberrations" persisted. The "clear"
Plaintiff was clearly not "clear" as per the LRH definition of
that term.
COUNT TWO
(Concurrent Practice of Other "Religions")
37. Defendants expressly represented to Plaintiff in 1976,
and have represented to the public at large since then, that one
does not have to give up one's "other" religious beliefs in
order to become a Scientologist and that such "other" religious
beliefs can be concurrently practiced consistently with
Scientology. In late 1996, while attempting to obtain
"eligibility" as set forth above, one Danny Keogh learned that
Plaintiff still maintained Christian beliefs, as he had before
joining Scientology in 1973. Mr. Keogh reported this matter to
Lieutenant Rathbun, one of Scientology's most senior
international officials, who then personally subjected Plaintiff
to a "religious deprogramming of Christian Belief."
38. Defendants' attempts to religiously deprogram
Plaintiff took place in two "interviews" or interrogations,
using Scientology's device called the E-Meter as a lie detector.
Lieutenant Rathbun conducted the religious deprogramming as a
harsh coercive interrogation which had the basic intent of
forcing Plaintiff to give up his Christian religious faith in
order to obtain RTC's "eligibility authorization" to see the
secret New OT VII "Inspector General" document.
39. During this "False Data Stripping" and "religious
deprogramming", Plaintiff asked Lieutenant Rathbun repeatedly if
he could be misunderstanding Hubbard's and RTC's intent as
Plaintiff stated that he could not believe that, in order to be
able to continue in Scientology, he would have to renounce his
other, Christian, religious faith. Defendant was told that he
had not misunderstood and that anyone practicing any kind of
"other" religious faith would be shunned and ineligible to
continue in Scientology as it was considered an "illegal other
practice" under RTC policies.
40. Defendants' religious deprogramming coupled with
Defendants' coercive indoctrination of Plaintiff led Plaintiff
to falsely conclude that his belief in Christianity had caused
him to commit a punishable crime against Defendants rendering
him ineligible for more secret Scientology courses until he
recanted his "other" Christian religious beliefs.
COUNT THREE
(Inurement, Human Rights Abuses, Crime and Fraud)
41. At the time Plaintiff was recruited into Scientology,
it was represented, in essence, that Scientology was a peaceful,
law abiding organization that respected its members' rights and
that monies given it did not unlawfully inure to the benefit of
any individuals. Those representations were false and the non-
disclosures material. The misrepresentations were part of an
elaborate scheme and artifice to obtain money and assets by
creating organizations for handling, inter alia, physiological/
psychosomatic conditions as described above and for allegedly
religious tax-exempt purposes and, subsequently, ordering the
payment of such assets for Commodore Hubbard's personal use and
subsequently the personal use of his successors and the
inurement to the benefit of certain celebrity Scientology
members such as Tom Cruise and John Travolta.
42. Contrary to the material misrepresentations, and
material non-disclosures, of Defendants and their agents, upon
which Plaintiff reasonably relied to his detriment and damage,
Plaintiff has, among other things, discovered the following
wrongful conduct by Defendants: (a) That the corporations and
churches of Scientology are not a bona fide legitimate religion
but a vast money making invasive and subversive political
movement, commercial enterprise and criminal organization that
has perpetrated a fraud on the Plaintiff; (b) That Defendants
were engaged in the operation of a para-military, and
politically subversive organization engaged, among other things,
in the denial of the civil rights, and the human rights, of the
Plaintiff; (c) That Defendants had maintained a totalitarian-
like compartmentalization within the Scientology enterprise in
order to prevent Plaintiff discovering the real truth regarding
the actual nature of the Scientology enterprise and the material
non-disclosures that Defendants withheld from the Plaintiff; (d)
That Defendants recruited and used celebrities, especially John
Travolta, to further their frauds and crimes against the
Plaintiff as set forth herein; (e) That Plaintiff had a "direct
line to Source", i.e., Commodore Hubbard, and that the letters
he received "from Ron" [Hubbard] were genuine when in fact they
were not; (f) That Defendants had engaged in fraud in not
telling Plaintiff about the criminal history and massive
criminal activities of Department 20 of the Guardian's Office,
now OSA. Defendants subsequently claimed that these criminal
activities had been conducted by a small unit within the
Guardian's office and that all persons responsible for this
criminal conduct, such as Defendant Moxon who was an unindicted
co-conspirator in the same, had been expelled from Scientology.
Plaintiff has recently learned that this was not true; (g) That
Defendants had engaged in fraud in not telling Plaintiff of the
real truth regarding LRH's background, illicit drug use,
psychiatric drug use, the abuse of his wives and children, abuse
of his followers, abuse of the legal system, criminal
convictions, money laundering through the R.R.F., and the
"suspicious" circumstances, and fraudulent conduct, preceding,
surrounding and following his death; (h) Defendants further
engaged in fraud by not telling Plaintiff, at the time of his
recruitment or thereafter, that they maintained special schools,
and "cadet org" facilities, where children were coercively
indoctrinated, subject to substandard living conditions and
diet, subjected to hard labor, indoctrinated with LRH's study
tech to their academic disadvantage, subjected to sexual and
other abuse that was not timely or properly remedied and
punished by Defendants; (i) That Defendants had engaged in fraud
in not advising Plaintiff of the full extent of the
Rehabilitation Project Force, alleged Scientology-related
deaths, suicides and financial frauds and Scientology's past
criminal convictions, public investigations, lawsuits and other
anti-social activities and conduct in violation of the
Constitutional and civil rights of both its own members and its
critics; (j) Defendants also failed to ensure that its celebrity
spokespersons and recruiters were fully and properly briefed,
informed and knowledgeable as to all of the activities of the
Scientology enterprise as alleged herein before permitting
and/or requiring them to make misleading public statements
and/or representations in support of Scientology, many of which
were reasonably relied upon by Plaintiff to his manifest damage
and detriment; (k) That contrary to their misrepresentations,
Defendants do use hypnosis, brainwashing, mind control and other
mentally manipulative and coercive indoctrination techniques;
(l) That Defendant(s) omitted to tell Plaintiff that it obtained
IRS Section 501(c)(3) tax-exempt status through intimidation,
misuse of his monies contributed to Defendants, the withholding
and hiding of relevant and requested documents, the use of
private investigators, blackmail, and other matters; (m) That
Defendants had misused monies that Plaintiff contributed to and
donated to them by engaging in criminal conduct, fraudulent
conduct, tax fraud, financial fraud, loan fraud, and credit card
fraud; (n) That Defendants also failed to disclose to Plaintiff
that Scientologists may not, per Scientology policy, testify
without bias or truthfully against the interests of a
Scientologist or Scientology; (o) That contrary to the
Defendants' representations, express and implied, to Plaintiff,
Defendants engaged in the systematic abuse of families and
children and prohibited all Sea Org staff members ("staffers")
at the Flag Land Base in Clearwater, Florida, and elsewhere from
having children, and ordered woman to have abortions, even if
they were married and wished to have children, under threat of
expulsion from the Sea Org; (p) That Defendants misused
Plaintiff's contributions and fixed donations in connection with
their claims to "Clear the Planet," create "an ethical society"
and a "world without crime and drugs" and failed to timely
disclose to him that "Clearing the Planet" meant ruling the
World, eliminating and/or exterminating critics or opponents of
Scientology and that an "ethical" planet meant one ruled only
and exclusively according to Scientology practices and further
that "criminals" were those who were impeding Scientology's
worldwide takeover; (q) That contrary to Defendants' claims, the
use of the E-Meter and the practice of auditing was a dangerous
and potentially life-threatening fraud; (r) That Defendants
engaged in misrepresentations and material omissions to
Plaintiff, in connection with the use of portions of his monies
and donations for the activities of OSA, lawyers principally
being Defendant Moxon, and private investigators against former
Scientologists, critics of Scientology and the like; (s) That
contrary to Defendants' claims to Plaintiff, Scientology does
not work as claimed and the "Bridge to Total Freedom," from the
Personality Test through New OT VIII, and all related writings
such as Dianetics, Scientology, A World Religion Emerges in the
Space Age, What is Scientology?, and all of the so-called
Advanced Technology, or upper levels, are a secular fraud
despite Defendants' contrary representations, and material non-
disclosures, made to Plaintiff; (t) That in violation of U.S.
Federal Court injunctions, and contrary to their express
representations to Plaintiff that Defendants were law abiding
entities and peaceful citizens, Defendants were engaged in the
unlawful practice of medicine through various of LRH's policies,
practices and procedures, such as NOTS 34 and the related use of
the E-Meter, and that these activities had been fraudulently
cloaked with sham religious claims in order to prevent and evade
government regulation, prohibition and penalty; (u) That
Defendants' material non-disclosures to Plaintiff, involved
among other things, their policy and practice of preventing his
exposure to any materials and information critical of
Scientology including "entheta press," thus delaying his
discovery of the Scientology enterprise being a international
commercial enterprise and political movement maintaining the
post-founding pretense of religiosity in order to operate tax-
free in countries where it was convenient to do so. In such
manner, Defendants ordered Plaintiff not to read or otherwise
access materials that may have otherwise permitted him to
discover the frauds and other wrongful conduct alleged herein;
(v) That, among other things, Defendants prevented Plaintiff
from timely learning that: LRH had been found by a California
court to be "a pathological liar when it comes to his history,
background and achievements"; (w) That various of the
corporations and churches of Scientology, and numerous
executives, including LRH and Defendant Mary Sue Hubbard, had
been arrested, indicted and convicted of criminal conduct in
numerous countries (and that Defendant Moxon had been named as a
co-conspirator in some of the same activities). That civil
judgments for fraud and other tortious conduct had been entered
against various of the corporations and churches of Scientology
in numerous courts in various countries. That various
governments had investigated Scientology, issued damning
reports, public statements condemning it and had restricted or
banned its activities and representations. That each of the
above enumerated facts was known to Defendants and each of them,
and at all times material hereto were hidden from Plaintiff by
said Defendants. Had Defendants permitted Plaintiff to access
these various judicial, official investigation, legislative and
executive branch and other pronouncements as to the fraudulent
and criminal nature of the policies and practices of the
Scientology enterprise, he would not have suffered the
deprivation of civil and human rights, and the financial
exploitation and destruction, that he endured for nearly 25
years.
43. Defendants' criminal and fraudulent conduct directed
at Plaintiff, between 1973 and 1997, also included, but was not
limited to, the following documents, policies, practices,
procedures and activities which were material non-disclosures,
when Defendants' recruited the Plaintiff: (a) The HCOB titled
"The By-Passed Case" written by L. Ron Hubbard and denoted as
"Top Secret"; (b) The document written on May 2, 1991 that
arbitrarily stripped the Plaintiff of all "O.T. status" without
any recourse. Plaintiff had paid a great deal of money
(approximately $500,000.00) to Defendants for the "O.T." levels
and then Defendants publicly canceled his attainment of them
without due compensation; (c) The application, by the "Sea
Org," of LRH's directive of (circa) 1976: "THIS IS OUR PLANET,
MOVE IN!" The Defendants' goal of "taking over the Planet" and
imposing a worldwide totalitarian Scientology government upon
it was not disclosed to Plaintiff when Defendants recruited
him; (d) Specifically, by way of example only, Defendants and
others have misrepresented to Plaintiff that certain of
Hubbard's books such as Dianetics, Battlefield Earth and
Mission Earth, were on the New York Times' best seller list at
the number one point for several weeks as a result of their
widespread popularity when the true facts were that Defendants
carried out a secret operation using Norman Starkey, Ronnie
Miscavige and other personnel from throughout the Scientology
enterprise, and using monies Plaintiff had contributed to, to
purchase those books back from retail book stores as false and
fraudulent "customers" to create a false front and fraudulent
claim of a best seller when in fact the book(s) was a poor
seller; (e) The action, by Defendants, of prescribing excessive
and dangerous doses of niacin and vitamins during the "Hubbard
Purification Rundown". In this program, in 1979, under the
supervision of the Scientology case supervisor, the Plaintiff
was instructed to take, over a period of approximately three
weeks, such daily doses as 10,000 mg. (40 pills of 250 mg. each
for the first three days) of vitamin B1 and up to 5 grams
(5,000 mg. of niacin, etc.) and subjected to no less than five
hours a day in a sauna at a constant high temperature. The
promise to Plaintiff, in the Hubbard Communications Office
Bulletin (HCOB) on the program administered by Plaintiff, was
that it would make Plaintiff survive the Third World War.
However, Plaintiff suffered hardship and barely survived the
hazardous doses of sauna and vitamins, all resulting from
misrepresentations and material non-disclosures of Defendants;
(f) The practice, by Defendants, of creating a moronic and/or
docile permanent dependency on themselves by Scientology's
followers through the methods of inner esoteric language such
as in the "Technical Dictionary" and "Management (Admin)
Dictionary," elimination (by indoctrination and by "auditing"
and training) of a follower's sociability in the "wog" (non-
Scientology) world, and by alienation of other spheres and
support structures of society that otherwise followers might
enjoy in the absence of Commodore Hubbard's critical tirades in
his tapes, policy letters, issues and bulletins; (g) The use,
by Defendants, on many occasions of the "eligibility" process
by RTC to degrade, vilify, control and secure contribution and
blind loyalty of the Plaintiff. As part of this Plaintiff was
subjected to an emotionally wrecking religious deprogramming by
Lieutenant Rathbun and RTC; (h) The fraudulent series of
actions and omissions by RTC and other Defendants in the
refusal to allow Plaintiff to have access to the information in
the "secret" 13 page document written by Defendants' "Inspector
General" on the defects of the delivery, practice, results and
techniques of "New OT VII." Plaintiff alleges fraud and
misrepresentation in the delivery of his own "New OT VII" which
caused the most severe emotional, spiritual and mental
suffering in the life of the Plaintiff from 1982 onwards; (i)
The fraudulent practices of the IAS where it ignores, in
practice, the advertised goals it is supposed to have, and
instead used funds from the trusting Plaintiff to lobby local,
state and the federal governments, to antagonize foreign
governments, such as Germany and Sweden for example, to feed
its own false image with expensive "public relations" and
generally create new "wars" for Defendants to use to extract
further donations from Plaintiff and its membership generally.
Moreover, Defendants failed to disclose to Plaintiff that the
IAS took over one million dollars from Gerhard Haag, in
Germany, to "protect and defend" Scientologists. Haag was
financially ruined, got no help from the I.A.S. and had to flee
to exile in Albania. As Haag was a major customer for
Plaintiff's paintings Plaintiff was thereby materially and
extensively harmed by this criminal and fraudulent conduct of
the IAS which had secured his paying membership with
representations of behavior to the contrary; (j) Defendants
inducing Plaintiff to pay for their Ministers Course, which
requires only several days of study but entitled Plaintiff to
wear a clerical collar, perform weddings and to call himself a
Reverend. After Plaintiff had assisted with the unsuccessful
defense of Commodore Hubbard on charges of fraud in 1978,
Defendants arbitrarily stripped him of his status as a
Scientology reverend. Since Plaintiff had to be a "minister"
to use an E-meter at that time, he could no longer perform the
functions of this post at the Paris Org. Plaintiff wrote to
LRH personally and received a reply purportedly from Hubbard
but which he has now learned was not. Plaintiff was then
advised that although he could remain in Scientology, he would
have to pay a $30,000 "freeloader's debt" in order to do so;
(k) Defendants, through "WISE's", accepting Plaintiff's funds
(of at least $6,000) and then failing to deliver any service of
commensurate value; (l) Defendants' fraud upon Plaintiff,
whereby it was broadly advertised that "OT VIII CAN ONLY BE
DELIVERED ON A SHIP" so Plaintiff donated monies to contribute
to the purchase of the M.V. Freewinds. Contrary to Defendants'
representations as to why they needed vast amount of funds to
purchase the M.V. Freewinds, the IAS' real intention was just
to get off the land and into international waters so as not to
be held accountable for its fraud, other illegal and wrongful
conduct and "war tactics"; (m) Defendants' failure to disclose
the heavily armed, fortified and dangerous character of the
Scientology base at Gilman Hot Springs, the military assault
weapons and other armaments on the M.V. Freewinds, and the
assault armaments at other Scientology locations.
COUNT FOUR
(Hubbard's Achievements and Character)
44. Throughout the period that the Plaintiff was a member
of the Church of Scientology, and from the Fall of 1973 until at
least the Fall of 1997, numerous written fraudulent
representations about LRH were made to the Plaintiff. These
written representations were included in numerous books and
publications written by or concerning LRH which Defendants
required Plaintiff to read. These representations included
that: (a) LRH is the sole "Source" of Scientology writings and
teachings; (b) LRH was a nuclear physicist, with degrees from
certain universities, including being a graduate of George
Washington University, who had conducted over thirty years of
scientific research into the nature and causes of disease, the
nature of the mind, and the nature of human organizations; (c)
LRH had served for four years in combat in the United States
Navy during World War II, that he commanded a corvette squadron,
that he was one of the most highly decorated officers during the
war, that he was severely wounded in combat and received the
Purple Heart, was crippled, blinded, twice pronounced medically
dead and that he cured himself with Dianetics; (d) LRH was sent
by the U.S. Naval Intelligence to break up a black magic ring in
California; (e) LRH had traveled for years in the Far East and
Asia, studying with great Eastern religious leaders and that he
was able, in part, to formulate Scientology because of his
knowledge of the East; (f) LRH's health was perfect as a result
of personal applications of the principles of Dianetics and
Scientology; (g) LRH was a person of unblemished and
unquestionable integrity, motivated solely by benevolent
purposes, with no interest in exploiting Scientology to make
money for himself; (h) Scientology is scientifically proven to
provide an array of benefits, including a higher I.Q., a cure
for neuroses, criminality, poor eyesight, insanity,
psychosomatic ills, homosexuality and drug dependence; (i)
Scientology's goods and services are offered on a satisfaction
or money back basis; (j) Scientology has scientifically
guaranteed to cure, among other things, asthma, arthritis,
rheumatism, toothaches, pneumonia, colds and color blindness;
(k) Scientology corporations, and agents of such corporations,
never committed any criminal acts or any acts in violation of
the policies and rulings of the Internal Revenue Service and
that no part of the net earnings of any Scientology
organizations inured to the benefit of LRH or his agents,
Defendants or any of Scientology's celebrity members such as
John Travolta, Tom Cruise and Nicole Kidman; (l) None of the
policies, practices, actions or procedures of any Scientology
organization were contrary to law or to public policy and that
no part of the earnings of any Scientology organization was used
for illegal purposes; (m) As stated by LRH in the pamphlet "What
Your Fees Buy," it was also represented that LRH was never paid
for the "researches of Dianetics and Scientology," that he
forgave the Scientology organizations the $13.5 million that
they owed him for services rendered, that he did not collect his
10% or his royalty fees for lectures, loans, and out-of-pocket
expenses that the Scientology organizations owed him, that he
donated the royalties of his first book, a best seller, to the
Scientology organizations, that he did not collect the paperback
royalties on that book, and that he drew "less than an org.
staff member (e.g., then $30 per week)."
45. The above representations, and others set forth
elsewhere herein, are false. In fact, inter alia, Plaintiff is
informed and believes and based thereon alleges as follows: (a)
LRH received a failing grade in the only nuclear physics course
that he took at George Washington University and was dismissed
for poor academic performance after attending for one and one-
half semesters; (b) The only degree LRH ever received was from a
mail-order college which he created and/or owned in the early
1950's; (c) LRH did not serve in combat during World War II and
was relieved of duty on at least three occasions while serving
in the United States Navy; (d) LRH was not assigned to break up
Aleister Crowley's black magic ring in California, but was
himself a member of that occult group and practiced ritual
sexual acts in it; (e) LRH never commanded a corvette squadron;
(f) At the end of his military service, LRH was a psychiatric in-
patient at Oak Knoll Military Hospital and seeking a navy
disability pension; (g) LRH was never pronounced dead, never
received any war wounds, was not crippled and blinded and did
not receive the Purple Heart or any other decorations for
bravery or injury; (h) LRH had, from at least 1945 to January
1986, suffered from chronic duodenal ulcers, arthritis,
bursitis, skeletal weakness, diabetes, pulmonary embolisms and a
host of other diseases and ailments; (i) LRH married his second
wife, Sara Northrop, while still married to his first wife,
Margaret Louise Grubb; LRH practiced ritual abortions on both
his first and second wives, attempted to murder his second wife
and lied on camera to Granada television about the number of
wives he had had; (j) LRH was arrested and convicted of petty
theft in San Luis Obispo in 1947; (k) The Dianetics and
Scientology corporations formed by LRH were not formed for
benevolent purposes but were conceived for the purpose of making
money through deceit, deception, fraud and misrepresentation.
46. Defendants knew or should have known the
representations set forth herein were false, and undisputedly
knew they were false following the decision in Church of
Scientology v. Armstrong, Los Angeles Superior Court Case
No. C 420153 ("Armstrong I") on June 20, 1984, and the decision
in Re B&G (Wards) by English Justice Mr. Latey, but permitted
those fraudulent misrepresentations to continue to be made to
the Plaintiff from 1984 to Fall 1997. Defendants, their agents
and employees, made said representations with the intent that
the Plaintiff act and rely upon the representations made.
Among other things, representations made in LRH's pamphlet
"What Your Fees Buy" were deliberately misleading and false in
the following particulars: (a) ASI skimmed millions of dollars
from the Scientology organizations for LRH. From March 1982 to
October 1982 alone, LRH's personal estate within ASI grew from
$10 million to over $40 million; (b) ASI billed the Scientology
organizations for services it allegedly performed for the
Scientology organizations, including management; (c) In 1982-
1984, Captain Miscavige and RTC extracted millions of dollars
from Scientology Mission Holders and deprived them of their
livelihood by using his "Finance Police" and Sea Org personnel
at and after the San Francisco "Mission Holders Conference";
(d) LRH collected the royalties he claimed he had forgiven from
the Scientology organizations. These included paying LRH for
the use of St. Hill Manor in England, buying LRH's personal
possessions for a future museum, paying LRH to set up a museum
where he and his family had once lived, and paying royalties
for films, course materials and tapes LRH had created including
the OT III tape. LRH diverted over $100 million from
Scientology organizations to bank accounts controlled by him
between 1972 and 1981; (e) In March 1982, LRH received over
$200,000 in royalties each week from the Scientology
organizations. This figure increased until some weeks LRH
received over $1 million per week; (f) It was LRH himself who
required Captain Miscavige and ASI to find ways for him to get
as much money as he could from the Scientology organizations.
At the same time, he required ASI to hide his receipt of these
monies so that the Scientology organizations that had non-
profit status would not lose their status due to inurement; (g)
Millions of dollars in money from Scientology organizations
were transferred, often by "messengers" carrying millions of
dollars in cash, to bank accounts which LRH controlled in
Liechtenstein, Switzerland, and Luxembourg. Receipts and
documents "legalizing" these "transfers" were drawn up after
the fact.
COUNT FIVE
(Confidentiality of Files)
47. Between Fall 1973 and Fall 1997, Defendants, their
agents and employees made written representations to the
Plaintiff that all information conveyed by a member of
Scientology to the Church of Scientology during a Scientology
process known as an "o/w write-up" (an overts and withholds
write-up) or "auditing" was to be strictly confidential and was
never to be revealed to anyone except the member's auditor or
case supervisor. Under no circumstances, the Plaintiff was
informed in writing, would information disclosed in auditing
ever be used against the person providing the information. The
information obtained was taken down in files or folders
(hereinafter referred to as auditing or "PC" files) called
"preclear," "PC," "processing," "auditing," "confessional,"
and/or "ethics" files.
48. In 1990, as part of Plaintiff's volunteered efforts to
do better, he participated in a confession of sins with the hope
of unburdening his conscience and with the trust that such would
be kept within the bounds of the claimed priest-penitent
privilege and confidentiality represented in LRH's writings to
exist within the Scientology enterprise.
49. Contrary to Defendants' representations as to the
confidentiality of Scientology processing, and the claimed
priest-penitent privilege, Plaintiff's "confessional" statements
were disseminated from the M.V. Freewinds to the Celebrity
Center in Paris, France. This was done for the purpose of
causing Plaintiff's Scientology friends to "disconnect" from
him, to not purchase his art work and thereby to destroy his
business, and to otherwise engage in conduct contrary to the
express representations and material non-disclosures Defendants
had made to Plaintiff throughout his 25-year relationship with
the Defendants.
50. In late May 1997, the President of Flag Service
Organization, Mrs. Mary Voegeding, threatened Plaintiff by
telling him that the contents of his recently volunteered
"religious" confessions "just might come out publicly" if he
left the Scientology organization.
51. At all relevant times prior to Defendants' attempted
blackmail and extortion of Plaintiff, Defendants had represented
to Plaintiff that these matters were all subject to the priest-
penitent privilege and that they were contained in his "pre-
clear" and "ethics" folder which were confidential and which
would not be released or misused in any way. Plaintiff relied
upon these fraudulent misrepresentations to his damage and
detriment because Defendants concealed from Plaintiff their
demonstrable history and practice of "culling" parishioners Pre-
Clear and Ethics folders, and using such information for their
own purposes relating to the coercion, control and/or punishment
of Defendants' members or former members.
52. From at least 1969 until the present, Defendants have
had a secret written policy to extract the confidential
information from "PC" files and use it for purposes of blackmail
and extortion, in violation of the above representations. This
policy was written by Defendant Mary Sue Hubbard and has been
extensively implemented by Defendants. Although, a material
matter to Plaintiff, Defendants' failed to disclose the
existence of this practice to the Plaintiff. Defendants,
through Defendant Moxon, are now further using such confidential
information in Reveillere v. Pattinson, O.C.S.C. Case No.
800981.
COUNT SIX
(Fair Game)
53. At various times herein between Fall 1973 and the
present day, the Defendants, and in particular Defendant Moxon,
as part of a conspiracy to obstruct justice or otherwise control
and silence dissenters and opponents such as the Plaintiff
herein, practiced what is known as the "Fair Game" policy.
Pursuant to this practice, an enemy of Scientology "may be
deprived of property of injured by any means, by any
Scientologist, without any discipline of a Scientologist. He
may be tricked, sued or lied to, or destroyed." Despite public
disavowal of the term "Fair Game" (for conceded public relations
purposes), Defendants retain the policy itself in force and
practice. Accordingly, Defendants, and particularly Defendant
Moxon, in concert with others, continue to engage in illegal,
outrageous, oppressive, tortious and harassing activities
against those who they deem to be "enemies" of Scientology. The
enterprise considers itself able to carry out its pattern of
illegal activity against the Plaintiff and others, with the
knowledge that only rarely will witnesses dare to come forward
and testify against Defendants.
54. The Defendants' Fair Game policies and practices
include "declaring" its own members, or non-members opposing
Scientology, "suppressive persons" by way of "suppressive person
declares" and stating that they are subject to "Fair Game". On
October 20, 1998, Defendant Moxon further implemented
Defendants' "fair game policies and practices" by filing fellow
OSA staffer Michel Reveillere's retaliatory lawsuit against
Plaintiff (Reveillere v. Pattinson, O.C.S.C. Case No. 800981).
55. Defendants' "Fair Game" policy was not disclosed to
Plaintiff when he was recruited by Scientology and this was a
material non-disclosure by Defendants. The "Fair Game" policy
directs that any individual or employee who expresses a lack of
loyalty to Defendants is open to any form of harassment,
economic ruin, or subject to any covert plan designed to cause
economic ruin, or subject to any covert plan designed to cause
emotional or physical harm and/or financial ruin. The plans
include the destruction of a person's business, reputation,
family, and/or framing of false charges of criminal acts.
Throughout Plaintiff's affiliation with Defendants, he was
constantly psychologically tormented with threats of becoming
"Fair Game" within the context of the specialized meaning given
the term by Defendants. At certain times during the course of
his affiliation with Defendants, Plaintiff was extensively
subjected to "Fair Game" and ruined financially and vocationally
at the hands of, and for the benefit and unjust enrichment of
Defendants and continues to be subjected to Fair Game by
Defendant Moxon.
*
56. Defendants' fraudulent misrepresentations to
Plaintiff, as set forth herein, were continued through a LRH
policy prohibiting Plaintiff from discussing his "case" with
other Scientologists and thereby prevented him from learning of
the experiences, abuse, deprivation and frauds being perpetrated
upon other victims of Scientology.
57. Defendants thereby intentionally caused Plaintiff to
delay discovering the fraud they were perpetrating upon him by
manipulating him into believing that any failures of Scientology
processing and courses to deliver what had been represented, and
not disclosed, were the result of his own mistakes and errors
and not an experience shared with others and which was a
Scientology crime to discuss with others. Plaintiff's
manipulation and isolation was aggravated by Defendants' use of
so-called Scientology celebrities to engage in fraudulent
misrepresentations to the public and other Scientology members.
58. Contrary to Defendants' material and fraudulent
misrepresentations and material non-disclosures, including but
not limited to "The Role of Earth" tape upon which Plaintiff
reasonably relied, the "Bridge to Total Freedom," and all of
Defendants' writings, teachings and so-called upper levels (OTI
through OT VIII), are a form of "bait-and-switch" fraud in that
what Plaintiff was told he was buying turned out to be
something different and materially much more expensive. Had
Defendants disclosed these matters to Plaintiff at the time
they recruited him he would never have purchased their
"courses", auditing and cure or "handling" of his homosexuality
or "ruin".
59. At the time these misrepresentations and non-
disclosures were made to Plaintiff, Defendants herein knew, or
should have known, that those representations were not true.
Defendants knew, or should have known, that they are not
qualified and/or properly licensed to render medical treatment
or advice, and that "auditing" does not prevent or cure disease,
illness, or alter one's sexual orientation and/or preference and
that they had been judicially enjoined from making such
representations.
60. The representations, misrepresentations and omissions
were made, with the intent to induce Plaintiff to rely thereon,
and enter into a relationship with the Defendants, expend
enormous sums of money for the benefit of Defendants, to travel
interstate and internationally, to endure exhaustion, coercion,
trickery, quackery, brainwashing, hypnosis, and manipulation,
and to embrace and espouse the processes and practices of
Defendants, and each of them.
61. Plaintiff reasonably relied upon the above-mentioned
misrepresentations, and material non-disclosures, as a direct
result of the success with which Defendants were able to carry
out their activities of brainwashing, mind control, hypnosis,
exhaustion, coercion, trickery, quackery and manipulation.
62. If Plaintiff had known that part of the money he gave
to Scientology was being fraudulently diverted to LRH
personally, or that the Defendants were involved in overt
criminal and fraudulent acts, and activity to harass and coerce
agencies of the government and citizens of the state, partially
through Defendant Moxon, he would not have paid said money or
provided said labor and he would not have disclosed confidential
personal information to the Defendants.
63. In relying upon Defendants' fraudulent
misrepresentations, Plaintiff was damaged in the amount of
monies paid, and for labor provided, all of which will be
ascertained according to proof but which exceed $500,000.
64. The aforementioned acts of Defendants were willful,
wanton, despicable, malicious and oppressive and justify the
awarding of exemplary and punitive damages in an amount subject
to proof at the time of trial of this matter.
SECOND CAUSE OF ACTION (Constructive Fraud)
Against All Defendants and Does 1-10, Inclusive
65. Plaintiff realleges and incorporates herein each and
every allegation set forth herein above as though fully set
forth herein.
66. In or about Fall 1973, Plaintiff read the book
Dianetics by LRH. Dianetics purports to explicate the "modern
science of mental health" as per its title. That book expressly
states that Dianetics is an "exact science," comparable to, but
simpler than, physics or chemistry. The book Dianetics refers
to a process known as "auditing." Auditing is a means by which
an individual applies the "science" of Dianetics. The
individual applying the "science" of Dianetics is referred to in
the book as a "patient."
67. The book explains that the "science" of Dianetics can
be used by a Dianetics practitioner, who is referred to as an
"auditor," to cure the "patient" (also referred to as a "pre-
clear") of certain illnesses, including "perversion," which
Dianetics defines as including, inter alia, "homosexuality,
lesbianism . . ." The illness of perversion, and Dianetics'
approach to curing it, are said by the author, LRH, to be "a
scientific fact." The book read by Plaintiff and entitled
Dianetics, The Modern Science of Mental Health, A Handbook of
Dianetic Therapy was published by the Hubbard College of
Scientology.
68. In Fall 1973, induced by the claims made in Dianetics,
to the effect that Dianetics and Scientology, described in
Dianetics as the application of the science of Dianetics,
offered a cure to the "illness" of homosexuality, Plaintiff
visited the Scientology location nearest him, where he then
lived in Paris, France. Plaintiff was greeted at the
Scientology enterprise location in Paris, then a small converted
residential apartment, by Colette Byasson, to whom Plaintiff
expressed an interest in learning more about the "science" of
Dianetics. Ms. Byasson gave Plaintiff what was purported to be
a "personality test," which she invited Plaintiff to complete.
Plaintiff completed the personality test and returned it to Ms.
Byasson within a matter of one to two days.
69. When Plaintiff returned the personality test to Ms.
Byasson, she "graded" it while Plaintiff waited, and reviewed
Plaintiff's scores with him. Plaintiff scored low on a number
of categories, which were represented to Plaintiff by Ms.
Byasson to be "scientifically determined" categories. Ms.
Byasson told Plaintiff that such low scores could be accounted
for only by problems in the life of the test-taker. Ms. Byasson
asked Plaintiff what problems he was experiencing at that time.
Plaintiff informed Ms. Byasson that he was suffering shame,
embarrassment, and fear because of his homosexual sexual
orientation.
70. Ms. Byasson informed Plaintiff that he could begin a
scientifically proven cure for his illness of "perversion" if he
paid for and took Dianetics and Scientology courses. Ms.
Byasson further informed Plaintiff that the cure would work only
if he provided her with a statement acknowledging his "illness,"
and stated that Scientology was scientifically proven to be the
only means by which Plaintiff could ever by cured of his
illness.
71. At the end of his first Scientology course, Plaintiff
was informed by a Scientology staff person that he could partake
of the scientifically proven cure for his "illness" only by
paying for in advance and taking a second course. Plaintiff had
difficulty doing the course "Student Hat" as it had nothing to
do with his "ruin." In order to prevent Plaintiff from ceasing
the course, the Scientology staff person would remind Plaintiff
of his "illness" of perversion, and would again tell Plaintiff
that the sole means by which he could be cured was through
continued study of the science of Dianetics, as applied by the
Scientology enterprise.
72. Upon the completion of the reading course described in
the preceding paragraph, Plaintiff was told that he would have
to pay in advance for, and take, another course. During each of
the courses taken by Plaintiff, he was told that Dianetics and
Scientology were the only means by which he could be cured of
his "illness of perversion." Plaintiff was also repeatedly
told, during his first several months of course-taking, that
Dianetics and Scientology were the only scientifically proven
cure for his "illness."
73. At no time during the first year of Plaintiff's
involvement with Scientology was he ever told that Scientology
was, or purported to be, a religion. Indeed, Plaintiff was
repeatedly told that Scientology was a rigorously tested
science, much like physics or chemistry. Plaintiff was never
told that he was required to exercise faith in order to be cured
of his alleged illness, nor was he ever told during his first
year of course-taking that Scientology provided a spiritual or
spiritually-based cure for the "illness"; rather, he was only
told that Scientology was a modern science with scientifically
proven cures as set forth above.
74. After nearly one year of paying for and taking
Scientology courses, "disconnecting" from the outside world
critical of Scientology or Hubbard, and spending the majority of
his income in support of the promised "scientific" cure for
Plaintiff's "illness," Plaintiff was nearly isolated from any
person not connected with Scientology. Only after Plaintiff had
become psychologically dependent on Scientology through a year-
long process of brainwashing did Scientology personnel reveal to
Plaintiff that Scientology purported to be a religion but only
for conveniently false and ulterior purposes.
75. Upon revealing Scientology to be a purported religion,
expressly for public relations, regulatory and tax purposes,
Plaintiff was informed by Hank Laarhuis and Ms. Byasson that he
would be condemned to misery, unhappiness, illness, and personal
failure unless he continued to pay for expensive Scientology
courses and auditing with said e-meter. This proposition was
also reiterated in writings and directives issued by LRH and
also by LRH's successors as head of the Scientology enterprise,
Captain David Miscavige, Lieutenant Mark Rathbun, Sea Org
registrars on many occasions, and Mary Voegeding. Plaintiff's
reliance upon these statements were reasonable in that, at the
time they were made to Plaintiff, he had been brainwashed by
Defendants.
76. The statements made by LRH, Captain Miscavige, and
their agents, as set forth herein above were false in that
neither Dianetics nor Scientology have ever produced
"scientifically proven" cures to any illness, nor been
scientifically proven to change an individual's sexual
orientation, and in that neither LRH nor his successors ever
believed or understood Dianetics or Scientology to be either a
science or a religion, but in fact simply manufactured the
appearance of a science or a religion for the purpose of
fraudulently cloaking their secular, commercial enterprise and
thereby falsely and fraudulently enticing persons to serve as
unwitting customers of that enterprise.
77. The statements made by LRH, Captain Miscavige, and
their agents, as set forth herein above were known by them to be
false at the time they were made, as set forth in the
immediately preceding paragraph, as demonstrated, inter alia,
by: (a) In 1973, when Plaintiff first visited the Scientology
facility in Paris, France, he asked Ms. Byasson whether
Scientology and/or Dianetics purported to be a religion.
Plaintiff specifically informed Ms. Byasson, who was acting at
all times as an agent of the Defendants, that he did not wish to
become involved with a religion or a cult. Ms. Byasson assured
Plaintiff that Scientology was not a religion, nor a cult, but
was in fact a science; (b) In 1976, at the Fort Harrison Hotel
in Clearwater, Florida, on occasions on which local Clearwater
officials, dignitaries and/or residents were being given guided
tours of the Scientology facility located within the hotel,
officials of the Scientology Guardian's Office would arrange
bogus "religious ceremonies" to be viewed by such officials,
dignitaries, and/or residents, explaining in advance to those
Scientologists participating in those sham ceremonies that they
had to "put on a show" for the purpose of tricking the
individuals observing the ceremonies that the enterprise located
in the hotel was a legitimate religious enterprise under the
false name "United Churches."
78. The knowingly false statements made by Defendants, as
set forth above, were made for the purpose of inducing Plaintiff
to pay them money for bogus "courses" and "auditing" which
payments by Plaintiff inured to LRH and his successors' personal
economic benefit. Plaintiff at all times reasonably relied upon
the statements of Defendants and their agents, in that Plaintiff
initially reasonably relied upon what appeared to him to be a
credible-sounding scientific therapy for "curing" him of his
sexual orientation. Plaintiff's later reliance upon the
Defendants' continued statements that he could be cured of his
"illness" through the "religion" of Scientology was reasonable
under the circumstance of his having been brainwashed and made
utterly psychologically dependent upon Scientology.
79. In reasonably relying upon Defendants' fraudulent
misrepresentations, and material omissions, Plaintiff was
damaged in the amount of monies paid, and for labor provided,
all of which will be ascertained according to proof but which
exceed $500,000.
80. The aforementioned acts of Defendants were willful,
wanton, despicable, malicious and oppressive and justify the
awarding of exemplary and punitive damages in an amount subject
to proof at the time of trial of this matter.
THIRD CAUSE OF ACTION (Unfair Business Practices)
Against All Defendants and Does 1-10
81. Plaintiff hereby realleges and reincorporates herein
by reference each and every allegation set forth herein above
82. Each and every Defendant, except those Defendants sued
herein only for declaratory relief, is a person, corporation,
firm, partnership, association, or organization within the
meaning of California Business and Professions Code รต17201, and
is subject to the provisions of รตรต17200-17209.
83. By engaging in the conduct described herein above,
including, but not limited to: (a) luring Plaintiff into a
psychological reliance upon Scientology and inducing him to pay
money to Scientology by falsely and fraudulently asserting that
Scientology was a science akin to chemistry or physics, offering
"scientifically proven" cures for physical and medical illness;
(b) by falsely representing to Plaintiff, after he had become
brainwashed and dependent upon Scientology personnel, that
Scientology is a religion, and that the money paid by Plaintiff
and others was solely used for charitable and/or religious
purposes, when in fact such money was used by Defendants for
purely commercial and secular purposes, sometimes criminal or
fraudulent ones too, from which they, and each of them,
personally benefited; (c) by wrongfully and fraudulently seizing
and confiscating the assets of the Mission Holders and other
persons declared by Defendants to be "Suppressive Persons" for
the personal and corporate economic gain of the Defendants
herein, and each of them; and (d) by creating "shell"
corporations and hiding and shifting assets to avoid judgments
as alleged herein above for the purpose of preserving economic
gains which have already inured to the benefit of Defendants as
part of their commercial and secular enterprises which they
falsely and fraudulently represent as religious; Defendants have
engaged in unlawful, unfair, or fraudulent business practices
within the meaning of the Business and Professions Code รตรต17200-
17209.
84. As a direct, foreseeable, and proximate result of
Defendants', and each of their, conduct, Plaintiff has lost over
one half million dollars in funds spent on fraudulent "courses"
and "auditing," has lost thousands of hours of wages during
years in which he worked for Defendants herein in their
commercial enterprises for less than the statutory minimum wage,
or for no wage at all, and has incurred attorneys fees and
costs, and suffered other economic loss, in a sum according to
proof.
85. Plaintiff is informed and believes, and thereon
alleges, that Defendants, and each of them, as a result of their
unfair business practices as described herein above, have reaped
profits from Plaintiff and others, which have inured to the
Defendants, and each of their, economic benefit.
86. Because of the fraudulent and unfair business
practices of Defendants, as set forth herein above, Plaintiff is
entitled to: the disgorgement and restitution of any monies,
including any profits, obtained from Plaintiff by Defendants as
a result of their unfair business practices; the disgorgement
and restitution to other persons of any monies, including any
profits, obtained from such other persons by Defendants as a
result of their unfair business practices; the trebling of all
such sums paid as restitution under Business and Professions
Code รต 17082; attorneys fees and costs; interest according to
law; costs of suit; and any and all other relief which the Court
deems just and proper, including enjoining Defendants herein
from representing that Scientology is a religion, rather than a
purely secular, commercial, enterprise, and enjoining Defendants
from failing to disclose the secular purpose to which fees for
"auditing" and "courses" are put.
FOURTH CAUSE OF ACTION (Breach Of Fiduciary Duty)
Against All Defendants And Does 1-10
87. Plaintiff refers to and incorporates by reference each
and every paragraph set forth above as though each were fully
set forth herein.
88. When soliciting the Plaintiff to join Scientology,
Defendants, their agents and employees invited and expected
Plaintiff to place his trust in the Defendants and to come to
them with his most personal and intimate concerns and personal
history. Plaintiff did indeed place his confidence in the
integrity of the Defendants and Defendants voluntarily accepted
such confidence. By encouraging Plaintiff to repose his trust
and confidence in their integrity, and by voluntarily accepting
such trust and confidence, Defendants assumed a fiduciary duty
to the Plaintiff.
89. Plaintiff is informed and believes and based thereon
alleges as follows: Defendants breached their fiduciary duties
to the Plaintiff, among things, by: (a) Permitting a non-
officer of the Scientology Churches, LRH, to control and
dominate the churches of Scientology; (b) Failing to disclose to
Scientology, and/or Plaintiff, that a non-officer of the
Scientology Churches controlled and dominated the Church of
Scientology; (c) Permitting money paid by the Plaintiff, and
income earned through the Plaintiff's labor, to be used to
finance overtly criminal, unlawful, anti-social, tortious and
seditious operations and activities, many conducted by Defendant
Moxon, such as those identified in various paragraphs herein;
(d) Permitting Defendants Mary Sue Hubbard, Captain David
Miscavige, and others to assume dominion and control, under
LRH's direction, of the Churches of Scientology's assets and
property without having corporate authority to do so; (e)
Permitting the transfer of millions of dollars of Scientology
assets to LRH through ASI and RRF without proper corporate
authority; (f) Failing to disclose the transfer of millions of
dollars of Scientology assets to LRH through ASI and RRF and
doing so contrary to LRH's 1969 publication "What Your Donations
Buy"; (g) Failing to ensure that Scientology processes and
practices, including the Purification Rundown and New OT VII,
were delivered to Plaintiff in a proper and safe manner.
90. Defendants had a fiduciary duty to disclose the facts
alleged above and had they done so, Plaintiff would not have
given a sum in excess of one-half million dollars to the
corporations and Churches of Scientology or provided thousands
of hours of unlawfully remunerated labor to the corporations and
Churches of Scientology. As a result of Defendants' breaches of
fiduciary duty, Plaintiff's money and labor was never used for
the purposes Plaintiff intended.
91. In reasonable reliance upon Defendants' fraudulent
misrepresentations and material non-disclosures, Plaintiff was
damaged in the amount of monies paid, and for labor provided,
all of which will be ascertained according to proof but which
exceed $500,000.
92. The aforementioned acts of Defendants were willful,
wanton, despicable, malicious and oppressive and justify the
awarding of exemplary and punitive damages in an amount subject
to proof at the time of trial of this matter.
FIFTH CAUSE OF ACTION (False Imprisonment)
Against All Defendants and Does 1-10, Inclusive
93. Plaintiff refers to and incorporates by reference each
and every paragraph set forth above as though each were fully
set forth herein.
94. In 1983, while Plaintiff was a student on a course at
the Celebrity Center Paris, France, he was taken from the course
room, where he was the only remaining student, and ordered to go
into a basement room where two naval uniformed members of LRH's
para-military Sea Org (Andre Meyer and Ms. Quenneher) were
waiting for him. Defendants' agents then locked the door of the
basement room so that the Plaintiff could not voluntarily leave
and threatened that if he did not cooperate he would be
immediately expelled from the Church (by what is called a
"Suppressive Person Declare" which, in Plaintiff's then
coercively manipulated mind, was the worst fate that could
befall him as a Scientologist).
95. Plaintiff was then involuntarily interrogated as part
of a Scientology secular process called "security checking", or
"sec checking," which, when engaged in by more than one auditor
(a Scientology term for counselor), is colloquially known within
Scientology as a "gang bang security check" or "gang bang sec
check." During this "gang bang sec check" Plaintiff, having
broken down in tears and having agreed to cooperate, was
interrogated (again on the E-Meter) about the most intimate and
personal aspects of his recent sexual life. He was forced to
"confess" to and finally, only when he had no more private
information to provide, he was allowed to leave the locked
basement room and the premises of the Paris Scientology
Celebrity Center.
96. In June 1991, at the orders of Defendants, and at his
own personal expense, Plaintiff traveled from Paris, France to
the M.V. Freewinds in the Netherlands Antilles. There he was
again held forcibly against his will and additionally was forced
to pay $7,400 for further Scientology auditing that he could not
afford at the time. Defendants even threatened Plaintiff with
the withholding of his passport from him until such time as he
paid the demanded amount of money. Plaintiff then tried to
retrieve his passport from the ship's "Port Captain's office"
but his passport was being held in the safe and he was not
permitted to retrieve it until such time as he paid the monies
demanded and received the auditing processes ordered by
Defendants.
97. In June 1996, Defendants again held Plaintiff against
his will, and falsely imprisoned him, in the Scientology
building known as "Sand Castle Hotel" in Clearwater, Florida.
Plaintiff was unlawfully detained by two naval-uniformed
officers of the para-military Sea Org and was ordered to pay for
further Scientology auditing before he would be released.
98. When Plaintiff refused to borrow further monies to pay
for Scientology processing that was inconsistent with the O.T.
status that had been stripped away from him, the naval uniformed
Sea Org officers refused to let Plaintiff out of the room and
physically blocked the exit door to the reception area to
prevent him from leaving of his own free will. Plaintiff
eventually escaped through an unlocked door, managed to get out
of the building and away from the uniformed Sea Org officers,
who had been imprisoning him against his will.
99. Defendants' conduct as set forth above was tortious
and without any applicable privilege. As a proximate result of
the said acts of Defendants, Plaintiff was injured in his
health, strength and activity, sustaining injury to his body and
shock and injury to his nervous system and person, all of which
injuries have caused Plaintiff to suffer extreme and severe
mental anguish. All damages set forth herein are subject to
proof at the time of trial.
100. Defendants' false imprisonment of Plaintiff, as herein
alleged, was willful, wanton, despicable, malicious, and
oppressive, and their acts justify the awarding of punitive
damages in an amount to be proven at trial.
SIXTH CAUSE OF ACTION (Invasion Of Privacy And Injunctive
Relief) Against All Defendants and Does 1-10, Inclusive
101. Plaintiff refers to and incorporates by reference each
and every paragraph set forth above as though each were fully
set forth herein.
102. Plaintiff has heretofore availed himself of certain
purported "counseling" services offered by Scientology. In the
course of said counseling services, Defendants represented that
Scientology was a benevolent, law-abiding organization and that
confidences given by Plaintiff would be maintained inviolate.
The confidential information was collated in documents known as
"Pre-Clear Folders," "Ethics Folders and/or Files."
103. Plaintiff, in reasonable reliance upon such represen
tations, including the representation of confidentiality, made
disclosures to persons holding themselves out as "religious"
counselors under the aegis and authority of Defendants.
104. Subsequent to his induction and indoctrination as set
forth above, Defendants held themselves out, among other things,
to be "religious" organizations and endeavored to gain the trust
and confidence of those who came to them seeking guidance. As a
consequence of these representations, these Defendants owed a
fiduciary duty to Plaintiff, including a duty to keep matters he
confided to them in the strictest confidence.
105. Pursuant to the promises of Defendants regarding
psychological counseling, Plaintiff was forced to participate in
"counseling sessions" in which he was forced to reveal his
innermost private thoughts and feelings. Defendants, and each
of them, represented to Plaintiff that all such information
received from the so-called "auditing sessions" and/or "sec
checks" employing the use of various psychological techniques,
including, but not limited to, the use of the E-Meter, as
described above, would be held in confidence and would never be
disclosed or put to any use. Said information was of no
legitimate public concern.
106. In violation of their fiduciary duty to maintain the
confidentiality of material gained during the counseling
sessions, these Defendants, through their agents, servants,
counselors and employees, have disclosed, and have attempted to
disclose, the confidential material to third parties, and are
likely to continue to engage in such unethical conduct, for
extortionate purposes and other objectives contrary to
Defendants' aforesaid representations to the Plaintiff.
107. At all relevant times prior to Defendants' blackmail
and extortion of Plaintiff, Defendants had represented to
Plaintiff that these matters were all subject to the priest-
penitent privilege and that they were contained in his "pre-
clear" and "ethics" folder which were confidential and which
would not be released or misused in any way. Plaintiff relied
upon these fraudulent misrepresentations to his damage and
detriment because Defendants concealed from Plaintiff their
demonstrable history and practice of "culling" parishioners pre-
clear and ethics folders, and (principally through Defendant
Moxon) using such information for their own purposes relating to
the coercion, control and/or punishment of Defendants' members
or former members.
108. As a direct and proximate result of the acts alleged
herein and other acts constituting tortious invasion of privacy,
Plaintiff has incurred, and continues to incur, damages,
including damages for emotional distress.
109. These Defendants, and each of them, engaged in said
invasion of privacy with the specific intent to injure Plaintiff
and his business and society. This conduct is despicable,
oppressive, malicious and done in conscious disregard of
Plaintiffs' rights. Therefore, Plaintiff requests exemplary and
punitive damages in an amount subject to proof at time of trial
of this matter.
110. Plaintiff further seeks a temporary and permanent
injunction, and the return of all of Plaintiff's PC Folders and
Ethics Folders as well as any and all copies of such contents so
that these Defendants, and the Scientology enterprise, will be
unable to compromise further the confidences entrusted to them
by Plaintiff.
SEVENTH CAUSE OF ACTION (Intentional Infliction Of Emotional
Distress) Against All Defendants and Does 1-10, Inclusive
111. Plaintiff refers to and incorporates by reference each
and every paragraph set forth above as though each were fully
set forth herein.
112. Defendants, and each of them, represented to Plaintiff
that they were rendering services of a mental and psychological
nature that would make Plaintiff a better person. These
representations included statements that Scientology would
scientifically improve Plaintiff's well-being and make him
psychologically and physiologically a better person. These
representations were falsely made by Defendants, and each of
them, and known to be false when made. Based on the
relationship of trust developed between Plaintiff and
Defendants, Defendants and each of them, were fully aware of the
particular susceptibility of Plaintiff to emotional distress
imposed by them.
113. Defendants' conduct as set out in the complaint above
was intentional and malicious and done for the purpose of
causing Plaintiff to suffer humiliation, mental anguish,
emotional and physical distress. The conduct of Defendants in
confirming and ratifying that conduct was done with the intent
that Plaintiff's emotional and physical distress would thereby
increase upon application of the indoctrination techniques used
by Defendants. Such conduct was done with a conscious and
reckless disregard for the consequences to Plaintiff's physical,
mental and emotional well being.
114. As a direct and proximate result of the acts alleged
herein and other acts constituting tortious invasion of privacy,
Plaintiff has incurred, and continues to incur, damages,
including damages for emotional distress. These damages are not
presently calculable, but exceed $500,000, and Plaintiff will
seek leave to amend this complaint to conform to proof presented
at trial.
115. These Defendants, and each of them, engaged in said
invasion of privacy with the specific intent to injure Plaintiff
and his business and society. This conduct is despicable,
oppressive, malicious and done in conscious disregard of
Plaintiffs' rights. Therefore, Plaintiff requests exemplary and
punitive damages in an amount subject to proof at time of trial
of this matter.
EIGHTH CAUSE OF ACTION (Interference With Business Relations)
Against All Defendants And Does 1-10, Inclusive
116. Plaintiff refers to and incorporates by reference,
each and every paragraph set forth above, as though each were
fully set forth herein.
117. Defendants were aware at all times of Plaintiff's
business relationships with and between other Scientologists for
the purpose of engaging in the sale of his art works.
118. In April 1991, Plaintiff, being a professional artist
of considerable repute, started an independent group of artists
and art lovers for the purpose of assisting them to do better in
the field of art as a result of learning from the experiences of
Plaintiff. Plaintiff's art group successfully grew until when
Mrs. Sarit Rosenberg, President of the Church of Scientology
Celebrity Center in Paris, France, ordered Plaintiff to her
office for an "interview." She then ordered him to cease all
activities concerning his independent art group and Plaintiff
was told that if he failed to do so his life in Scientology
would be made "a living hell" by the use of Defendants'
administrative personnel to cause all of Plaintiff's Scientology
friends to disconnect from him, and that Scientology's upper
management would cancel his "O.T. status" completely, and that
official Scientology publications or "issues" would be directed
against him, and they were.
119. Defendants, through the conduct described above, and
intending to injure, destroy, and otherwise interfere with
Plaintiff's independent art group and with his business and
prospective business in terms of the sale of art works created
by him, did intentionally, maliciously, willfully and without
justification or privilege whatsoever, induce Plaintiff's
customers to breach their legal duty to Plaintiff and, through
the conduct set forth above, induced various persons not to do
business with Plaintiff and/or cease doing business with
Plaintiff and to cause numerous persons who otherwise would have
become purchasers of Plaintiff's work not to deal with
Plaintiff.
120. As a proximate result of Defendants' wrongful conduct,
Plaintiff has lost sales, profits and damages in an amount to be
determined at trial.
NINTH CAUSE OF ACTION (Negligence)
Against All Defendants and Does 1-10, Inclusive
121. Plaintiff refers to and incorporates by reference each
and every paragraph set forth above as though each were fully
set forth herein.
122. During the course of his relationship with the various
Defendants, Plaintiff entered into a relationship in which he
placed trust in Defendants and their claims concerning the
mental, psychological and other benefits they claimed they were
providing to him. During the course of his involvement with the
various Defendants, Plaintiff developed a relationship in which
he depended upon the Defendants for his emotional, mental and
physical health and well being. Defendants violated this trust.
Further, by undertaking to provide Plaintiff with advice and
treatment concerning his physical, mental and emotional well
being, Defendants had a duty of care toward Plaintiff as to his
physical, mental and emotional health and well being.
123. From Fall 1973 until Fall 1997, Defendants, and each
of them, represented to Plaintiff that they were rendering
services of a secular, mental, psychological and physiological
nature that would make Plaintiff a better person. These
representations included statements that Scientology technology
would "scientifically" improve Plaintiff's well-being and make
him psychologically a better person. Plaintiff is informed and
believes, and based thereon alleges, that Defendants knew, or
should have known, that their conduct was likely to result in
causing him to suffer severe emotional distress.
124. As a direct and proximate result of Defendants' acts,
Plaintiff suffered severe emotional distress in the form of
fright, grief, shame, humiliation, embarrassment, anger,
chagrin, disappointment and worry. Additionally, Plaintiff has
suffered damage to his health, loss of income, and loss of
earning capacity. All damages set forth herein are subject to
proof at time of trial in this matter.
125. As a proximate result of the wrongful acts herein
alleged, Plaintiff has been damaged in an amount to be
determined according to proof at trial.
126. The aforementioned acts of Defendants were willful,
wanton, despicable, malicious, and oppressive and justify the
awarding of exemplary and punitive damages in an amount subject
to proof at the time of trial of this matter.
TENTH CAUSE OF ACTION (Breach Of Contract and the Covenant of
Good Faith and Fair Dealing) Against All Defendants And
Does 1-10, Inclusive
127. Plaintiff refers to and incorporates by reference,
each and every paragraph set forth above, as though each were
fully set forth herein.
128. During the years from Fall of 1973 through Fall 1997,
and through to the present day, Defendants and their agents
entered into both oral and express agreements with Plaintiff, in
which Defendants promised Plaintiff certain "scientifically
proven" benefits, including, but not limited to, the "handling"
or cure of his "ruin" or homosexuality and other
misrepresentations and promises as more fully set forth above.
Defendants also promised to provide mental health and other
psychological benefits to Plaintiff. Based upon such express
and oral promises, Plaintiff engaged in professional Scientology
training, obtained permanent certification from Defendants, and
paid for Scientology "auditing" and other processing.
129. Defendants, and each of them, breached the said
agreements by not providing any mental health or psychological
services, but rather, providing coercive indoctrination,
bureaucratic and psychological coercion, duress and stress, all
designed to break Plaintiff's will so that he would remain a
compliant servant to Defendants for the remainder of his life,
and to the use of Defendants in furtherance of their illegal
conduct and money making schemes and scams. As the result of
said breaches of contract as set forth above, Plaintiff has lost
the value of the reasonable services he rendered to Defendants,
and each of them, during his 25 year affiliation with
Defendants. Further, Plaintiff has lost 25 years of his life
that would have otherwise been spent developing his career,
financial security and the pursuit of freedom and happiness for
himself.
130. The conduct of Defendants, as set forth above,
constituted a breach of the oral and express agreements between
Plaintiff and Defendants, and upon which Plaintiff had
detrimentally relied.
131. Plaintiff has performed all obligations to Defendants,
except those obligations Plaintiff was prevented or excused from
performing. Plaintiff suffered damages legally and proximately
caused by Defendants breach of agreement. Said damages are in
excess of $500,000, the total amount of which will be proven at
the time of trial.
132. The conduct of Defendants, as set forth above, also
breached the implied covenant of good faith and fair dealing,
was wanton, despicable, malicious and oppressive and justifies
the awarding of exemplary and punitive damages in an amount to
be proven at trial.
ELEVENTH CAUSE OF ACTION (Restitution)
Against All Defendants and Does 1-10, Inclusive
133. Plaintiff refers to and incorporates by reference,
each and every paragraph set forth above, as though each were
fully set forth herein.
134. Defendants, and each of them, publicly advocate, inter
alia, that any person who takes Scientology courses and becomes
dissatisfied with the same, is entitled to a refund of the
financial compensation paid for the same. This representation
by Defendants, and each of them, is part of the agreement
between Plaintiff and Defendants for Scientology technology
services Plaintiff has received. Pursuant to said agreement,
Plaintiff is hereby making demand upon Defendants, and each of
them, for the return of the financial compensation, and interest
thereon, paid for such training and courses. The monies paid by
Plaintiff to Defendants for the alleged services they rendered
is at least $500,000.00.
135. Furthermore, Plaintiff demands the reasonable value of
the services he provided to Defendants, and each of them, whilst
a full-time employee of Defendants as more fully described above
and in an amount according to proof at trial and interest
thereon from the date of service.
TWELFTH CAUSE OF ACTION (Unjust Enrichment, Accounting,
Equitable Tracing And Imposition Of Constructive Trust) Against
All Defendants and Does 1-10, Inclusive
136. Plaintiff refers to and incorporates by reference,
each and every paragraph set forth above, as though each were
fully set forth herein.
137. Plaintiff is informed and believes, and thereon
alleges, that as a result of the wrongful conduct herein
alleged, Defendants and each of them, are now in possession of
substantial sums of money and valuable property belonging to
Plaintiff and which properly should be refunded, paid and
transferred to Plaintiff. No part of said sums of money or
property has been refunded or delivered by Defendants to
Plaintiff.
138. By reason of the wrongful manner in which Defendants
obtained said sums of money and property, and the product of his
labor, Defendants are involuntary trustees, ex maleficio,
holding said sums, property and profits in constructive trust
for Plaintiff, and with the duty to convey said sums and
property to Plaintiff forthwith. Plaintiff is unable to
ascertain the exact amount of said sums, property and profits,
held by the Defendants as constructive trustees, ex maleficio,
without a full and complete accounting from Defendants and each
of them, and an equitable tracing with regard to Defendants and
each of them.
THIRTEENTH CAUSE OF ACTION (Declaratory And Injunctive Relief)
Against All Defendants and Does 1-10, Inclusive
139. Plaintiff refers to and incorporates by reference,
each and every paragraph set forth above, as though each were
fully set forth herein.
140. During Plaintiff's membership in, and participation
in, Defendants' Scientology enterprise, he was required to sign
various purported agreements such as "Church of Scientology of
FSO Enrollment Agreement," dated October 7, 1995, "Church of
Scientology of FSO Enrollment Agreement," dated July 26, 1995,
"Church of Scientology of FSO Enrollment Agreement" (All
Services Excluding Div. 6 Basic Courses), dated April 3, 1988,
"Church of Scientology of FSO Enrollment Agreement" (All
Services Excluding Div. 6 Basic Courses), dated November 27,
1987, "Church of Scientology Enrollment Agreement" (For All
Services Excluding Div. 6 Basic Courses), dated April 18, 1992,
and others of like and different content.
141. These purported agreements required Plaintiff to: (a)
Give up the right of any claim or cause of action against
Defendants and to indemnify them and hold them harmless; (b)
Submit any claim, dispute or controversy Plaintiff may have with
Defendants to their International Justice Chief (I.J.C.); (c)
refrain from, in all events, submitting a claim or controversy
to a court of judicial determination and that Plaintiff was
waiving his right to have disputes decided in a court of law,
before a judge and a jury; (d) Never discuss or publicize his
Scientology related experiences outside of Scientology; (e)
Acknowledge that he had not been coerced or pressured by any
person to sign said agreements.
142. Said agreements were required to be signed by
Plaintiff after he had paid for certain courses, processes, and
auditing. If Plaintiff did not sign the said agreements, and
any others that may have borne his signature at that time, he
clearly understood that he would not continue to receive
Defendants' services, processing, auditing and other courses
that he had also paid for. In that event, Plaintiff clearly
understood that his only recourse would have been to either
considered the monies paid gone forever, or to ask for a
"refund." Plaintiff knew that if he had asked for a "refund,"
he would have been expelled from Scientology forever, prohibited
forever from receiving the gains, cures, and other alleged
benefits he had been promised and would thereby be subject to
Defendants' policies of Fair Game directed at the handling of
"Suppressive Persons," that would then be applied to a person
such as Plaintiff in a requested refund situation.
143. As a result of the aforesaid administrative blackmail
and brainwashing, Plaintiff executed any and all such agreements
under coercion, duress, and undue influence, thereby rendering
any such purported agreements either void or voidable at the
option of Plaintiff. In addition, any and all such purported
agreements were procured from Plaintiff through fraud in either
the inducement or inception and therefore all provisions of any
and all such purported agreements, including, but not limited
to, any purported arbitration provisions, are either void or
voidable at Plaintiff's option.
144. An actual controversy has arising and exists between
Plaintiff and Defendants regarding the validity of any and all
such purported agreements, including his right to approach this
Court for the relief requested therein.
145. Plaintiff therefore desires a judicial declaration
that any and all agreements executed by Plaintiff with
Defendants, or any one of them, were procured by fraud,
coercion, duress, fraud in the inducement/inception, and are
therefore void and/or voidable at the option of Plaintiff, thus
entitling him to the relief sought herein and rendering any
purported arbitration provision in any and all such purported
agreements null, void and invalid.
146. Plaintiff further desires judicial declarations, and
related temporary and permanent injunctive relief that, inter-
alia: Defendants' activities, as set forth in its "Fair Game"
policy, principally carried out through Defendant Moxon,
constitute civil rights violations and a violation of
Defendants' non-profit and tax-exempt federal and state status,
and a temporary and permanent injunction enjoining Defendants'
further practice of the "Fair Game" Policy.
147. Plaintiff further desires judicial declaration that
the purported one billion year contract between himself and
Defendants is null and void, or voidable, as being, among other
things, contrary to public policy, illegal, and the product of
fraud in its inducement, inception and execution.
148. Plaintiff further desires a judicial declaration that
Defendants' Rehabilitation Project Force (RPF), and that the
RPF's RPF violate applicable provisions of Federal and State
law, including California Civil Code Sections 52.1(a) and (b),
and a temporary and permanent injunction enjoining any continued
operation of the RPF and/or any likeness thereof.
149. Plaintiff further desires judicial declarations
enjoining Defendants' policies and practices relating to the
"Purification Rundown", the "Introspection Rundown", NOTS 34,
"O.T. eligibility requirements" by RTC as well as any RTC
curtailing of freedom to retain and study and/or practice the
religion of choice of any person and other policies and
practices of Defendants that are dangerous, mentally and
physically harmful, and/or constitute the unlawful practice of
medicine. Such conduct will continue to occur, and to cause
irreparable injury and/or death, unless temporary and permanent
injunctive relief is granted by this court.
150. Defendants possess "confessional" files of the
Plaintiff as described above. Because monetary damages cannot
adequately approximate or redress Plaintiff for the damages
Plaintiff will suffer resulting from disclosure of
"confessional" files as alleged above, and because suit for
monetary damages would not be feasible, and Plaintiff would be
irreparably harmed if such disclosure occurred, Plaintiff
requires a court order to temporarily and permanently enjoin
Defendants, and each of them, all their agents or employees from
examining said files, making and keeping separate copies from
any part of them, and removing said files or any extracts
therefrom from Defendants' custody so as to protect Plaintiff's
constitutional rights to privacy.
151. To prevent further wrongful exploitation of the
confidential material to the detriment of the Plaintiff,
Plaintiff seeks temporary and permanent injunctive relief,
requiring the Defendant to hold the information contained in the
Plaintiff's files in constructive trust for him, and an order
directing Defendants, and each of them, to return these files,
and any copy or extract thereof or therefrom, regardless of the
particular name they may now have or they may have previously
borne. Additionally, Plaintiff seeks a temporary and permanent
order restraining Defendants, and each of them, and their agents
and employees from reproducing or in any manner disseminating or
using the information contained in said files.
PRAYER
WHEREFORE, on the First, Second, Fourth, Fifth, Sixth,
Seventh and Ninth Causes of Action, Plaintiff requests:
1. Compensatory damages of at least $500,000, and
interest thereon according to law;
2. Special damages according to proof;
3. Punitive and exemplary damages in an appropriate
amount; and
4. An order requiring Defendants to return Plaintiff's
"PC," "Ethics", and other confidential files as requested in
paragraph 110 above.
And on the Third Cause of Action, Plaintiff requests:
1. Disgorgement and restitution to Plaintiff in the
amount of at least $500,000.00 including any profits thereon;
2. Disgorgement and restitution to any other persons of
any monies, including any profits, obtained from such other
persons by Defendants as a result of their unfair business
practices;
3. The trebling of all such sums paid as restitution
under Business and Professions Code รต 17082;
4. Reasonable attorney's fees and costs and an
appropriate Lodestar;
5. Costs of suit incurred herein;
6. An injunction enjoining Defendants herein from
representing that Scientology is a religion rather than a
purely secular, commercial enterprise;
7. An injunction enjoining Defendants from failing to
disclose the secular purpose to which fees for "auditing" and
"courses" are put;
8. Such other and further relief as may be proper and
just.
And, on the Eighth and Tenth Causes of Action Plaintiff
requests:
1. Compensatory damages of at least $500,000, and
interest thereon according to law;
2. Consequential damages according to proof;
3. Punitive or exemplary damages in an appropriate
amount;
4. Costs of suit incurred herein
5. Such other and further relief as may be proper and
just.
And on the Eleventh and Twelfth Causes of Action Plaintiff
Further Seeks:
1. The equitable relief requested in paragraphs 135, 136
and 139 herein;
2. A Temporary and Permanent injunction, the imposition
of constructive trust, an accounting, restitution,
disgorgement, and other relief as requested herein.
3. Costs of suit incurred herein; and
4. Such other and further relief as may be requested
herein.
And on the Thirteenth Cause of Action, Plaintiff seeks:
1. The judicial declarations requested in paragraphs 146
to 152 herein.
AND ON ALL CAUSES OF ACTION HEREIN, PLAINTIFF REQUESTS:
1. Reasonable attorneys' fees where permitted by law;
2. Costs of suit incurred herein; and
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3. Such other and further relief as may be proper and
just.
Dated: February ___, 1999 LAW OFFICES OF GRAHAM E. BERRY
By:
______________________________
Graham E. Berry
Attorney for Plaintiff
Michael Pattinson
DEMAND FOR JURY TRIAL
Pursuant to the Federal Rules of Civil Procedure,
Plaintiff demands a trial by jury of these claims.
Dated: February ___, 1999 LAW OFFICES OF GRAHAM E. BERRY
By________________________________
Graham E. Berry
Attorney for Plaintiff
Michael Pattinson
PROOF OF SERVICE
I am employed in the County of Los Angeles, State of
California. I am over the age of 18 and not a party to the
within action; my business address is One Wilshire Boulevard,
Twenty-First Floor, Los Angeles, California 90017.
On February 9, 1999, I served the foregoing document
described as THIRD AMENDED COMPLAINT in Pattinson v. Church of
Scientology, United States District Court Case No. 98-3985CAS
(SHx) on the interested parties in this action as follows:
Eric M. Leiberman, Esq. Kendrick L. Moxon, Esq.
RABINOWITZ, BOUDIN, STANDARD, MOXON & KOBRIN
KRINSKY & LIEBERMAN, P.C. 6255 Sunset Blvd., Ste 2000
740 Broadway, 5th Floor Los Angeles, CA 90028-6329
New York, NY 10003
Barbara A. Reeves, Esq. Samuel D. Rosen, Esq.
PAUL, HASTINGS, JANOFSKY & PAUL, HASTINGS, JANOFSKY &
WALKER LLP WALKER LLP
Twenty-Third Floor Thirty-First Floor
555 South Flower Street 399 Park Avenue
Los Angeles, CA 90071-2371 New York, NY 10022
T BY MAIL: I placed true copies thereof in sealed
envelope(s) addressed as stated on the attached service list. I
deposited such envelope(s) with postage thereon fully prepaid in
the U.S. mail at Los Angeles, California.
I am readily familiar with the firm's practice of
collection and processing correspondence for mailing. Under
that practice, it would be deposited with the U.S. Postal
Service on that same day with postage thereon fully prepaid at
Los Angeles, California, in the ordinary course of business. I
am aware that on motion of the party served, service is presumed
invalid if the postal cancellation date or postage meter date is
more than one day after the date of deposit for mailing in this
declaration.
I declare that I am employed in the office of a member of
the bar of this court at whose direction this service was made.
Executed on February 9, 1999 at Los Angeles, California.