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Tilman Hausherr

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Feb 13, 1999, 3:00:00 AM2/13/99
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GRAHAM E. BERRY (SBN 128503)
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. õ1964, and 42

U.S.C., õõ1983, 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. õ1965

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 õ17201, and

is subject to the provisions of õõ17200-17209.

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 õõ17200-

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 õ 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 õ 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.

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