[You need a program sheet to keep up with the cases Graham Berry is involved in. This note for the historical record will be confusing without a mess of foot notes. The scribe thinks Graham is up against a highly influenced judge (Williams) in the Cipriano suit. Sorry if this is not up to standard, it is just too late.]
It was a busy day. This morning Graham was in Dept. 45 on the CST SLAPP suit against Pattinson. CST counsel complained that Pattinson's suit interfered with CST's free speech, oddly the reverse of the position they took in the Wollersheim case.
Monique Yingling and
Bill Dresher for CST
Samuel Rosen for RTC
Kendrick Moxon for CSI
Ed Parkin and
Lynn Shape (to be sure Moxon does not blow)
Plus one new face sitting next to Monique, presumably not an out 2D situation.
Before the hearing, they were all in a gaggle out in the hallway, with Moxon talking in a loud voice about how Graham is going to be sanctioned in other cases (does he talk to judges?). Moxon was looking fresh and unstressed for someone in his position; i.e., it does not look as if he has been undergoing lots of sec checks in the middle of the night. Monique looked really worried, and Rosen looked both worried and completely dispirited, drooping and sitting apart from the others, as though to distance himself from Scientology.
It is worth noting that Gerald A. Feffer, who is Monique Yingling's husband, is a old friend of Judge Williams from the days when Williams was a US Attorney, Criminal division. Feffer is wired all sorts of ways high into the justice department.
After a considerable delay, the judge (not Williams) called the case. Monique Yingling and Bill Dresher for the Cult, and Graham Berry are up before the bar. Bill argued for CST. The judge first asked Bill how the Pattinson complaint interfered with CST's right of petition, and Bill responded that CST's petition right was no of concern. It was speech and religion, KSW#1 (which of course Miscavige has not been doing very well lately, and should really assign himself lower conditions).
Graham responded that Pattinson had little knowledge about CST other than that they held the copyrights. The judge asked how did that affect freedom of speech? Claimed religion is related to religious speech and the claims Pattinson suit altered their speech rights [did not make sense to me while editing, I really want to see the transcript!]. Graham turn: He said Dresher had built a straw man and proceed to beat him down on a different playing field from where he was. Graham mentioned Molko and Wollersheim cases and that he and Pattinson conceded that he had known little of CST. It was fraud by omission, and he has been prevented from taking deposition of DM, who was Mission Ops for Mission Corporate Category Sortout in 1982, which led to US vs. Zolin and a decision of fraud which involved the crime fraud exception for the attorney- client privilege.
Graham went on: Reason for the MCCS was to avoid paying Wollersheim, who had just sued Scientology. CTS was to insulate Scientology from people like Pattinson. Dresher looked upset as the alter ego argument in the Wollersheim case was discussed. Graham advised the Court that SLAPP was ridiculous to claim, since 4 of the 6 fraud counts in Pattinson had been already adjudicated in other cases, Wollersheim, Armstrong and Allard. About this time the judged realized Graham was not arguing the motion but asking for depositions of DM and others, seeking full discovery to oppose the SLAPP motion. The judge said this is not what is before him on the papers.
Scn lawyers had made much noise on their papers that some of Graham's had not been signed and Graham said that the Court's copy had been signed. The Court said they had only the table of contents. Graham said that they had to file by August 5, so they did and had filed the table of contents August 12. Graham passed his copy with the court file date stamp on it up to the judge. It was rapidly replaced by an extra copy from the Cult as they realized that Graham's copy had notes on it. After the judge looked at Graham's opposition, he looked a lot less friendly to scientology, taking the motion under submission to this Thursday, when CSI's demurrer is to be heard.
Graham asked if he could sign a copy of the declaration that Yingling had handed up for the court to use. The judge had Graham signed all the papers, confirming that many papers had gone missing out of the Court's files. As you can imagine, the judge was not happy to discover that papers were missing from files of the Court. The judge is now asking Graham to file a "courtesy copy" directly with the Court in addition to the one handed to the clerk downstairs.
On to bankruptcy court, where Isidore Chait, Moxon and Glenn Barton are Grahams creditor because of overwhelming discovery and sanctions by Judge Williams in the Cipriano case. Graham informed the bankruptcy trustee he will be filing a copy of the Cipriano declaration in that case and (to the trustees bewilderment) requested several times that it and all the papers in the case be referred to the FBI. Out of the court Moxon was pointing to a FBI warning sign and said, "You will enjoy yourself in jail." Graham replied, "Not as much as you, Rick. Still time to turn State's evidence."
On return home, Graham had a fax from Garry Sota, who is with Kendrick Moxon and Turrill of Paul, Hastings and the LAPD Commissioner Chaleff of Orric, Herring and Sutcliffe, fax (213) 612-2499. Fax was a notice of ruling under seal in the Cipriano case ordering both Cipriano and Berry not to make further ex parte applications before the Court hears Chaileff and Moxon's motion to declare Graham Berry a vexatious litigator for filing the Berry vs Cipriano case, which of course, now, with the Cipriano declaration, was not only justified, but the actions Cipriano was involved i (along with Moxon) were fully criminal.
The other provision is that all other filing must be under seal, and no one can disclose any documents which have been filed in connection with the motion to declare Graham Berry a vexatious litigant. The order itself is sealed.
[I might be in trouble with Judge Williams for posting this account, though I am just passing on reports of public events in the great (and corrupt) city of LA.]
This from a court which chewed Graham out last year for seeking to file sealed the confidential secret scientology-Lewis DeMato settlement agreement relating to the deep sixing of the Fishman- Geertz files.
[Fresh from bailing from the Fishman Geertz case, after Graham was permitted to depose DM, the entire upper level of church management and six clebs, they had blackmailed Bob Lewis (Graham's boss at that time) into transferring the Fishman Geertz files to a storage facility down the street from scn's hollywood headquarters. Naturally certain files vanished, including 15 vols of the Garry Scarff depo transcript. As a result, Ford Greene was denied access to the files in Dr Gertz's unsuccessful malicious prosecution lawsuit before . . . . Judge Williams. Eliot Abelson had been instrumental in preventing Green's access to the files. As a result, Ford Green mistakenly named Abelson as a defendant. Abelson had not appeared in the case before it was over. Leaving Abelson able to sue Ford Greene for malicious prosecution.]
Judge Williams also suggest in the order that all the lawyers in the case seek sanctions against Graham. Graham had requested an order for Moxon to comply with Cipriano's request and turn over all the files, and to stop harassing Cipriano, and for Moxon and his agents to stay 50 feet away from him, and that all documents in the case be preserved.
To top off a most interesting day, Graham has a new client, a government (not the US) is funding a new suit by a very high level former scn.
(Only a humble scribe in this case though I think someone should inform Donald Daucher of Paul Hastings that some of his boys are out doing things which might generate some serious problems for the firm, enough to impact the bottom line perhaps.)