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Sent by Michael Pattinson, to-day Feb 11th 1999:
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, Plaintiff, vs.CHURCH OF SCIENTOLOGY INTERNATIONAL, a California
Corporation; RELIGIOUS TECHNOLOGY CENTER, a California Corporation; CHURCH OF SPIRITUAL TECHNOLOGY, a California
Corporation; BUILDING MANAGEMENT SERVICES, a California Corporation; THE SEA ORGANIZATION, a California unincorporated
association; MARY SUE HUBBARD, an individual; CAPTAIN DAVID MISCAVIGE, an individual; KENDRICK L. MOXON, an individual;
and DOES 1 through 10, inclusive, Defendants. Case No. 98-3985CAS (SHx)
THIRD AMENDED COMPLAINT FOR (1) Fraud (Counts 1-6)(2) Constructive Fraud(3)
Unfair Business Practices(4) Breach of Fiduciary Duty(5) False Imprisonment(6) Invasion of Privacy(7)
Intentional Infliction of Emotional Distress(8) Interference with
Business Relations (9) Negligence(10) Breach of Contract and Breach of the Covenant
of Good Faith and Fair Dealing(11) Restitution(12)
Unjust Enrichment, Accounting, Equitable Tracing and
Imposition of Constructive Trust(13) Declaratory and
Injunctive Relief
JURY TRIAL DEMANDEDTrial 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. §1964, and 42 U.S.C., §§1983, 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. §1965 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 §17201, and is subject to the provisions of §§17200-17209.
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 §§17200-17209.
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 §
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.
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