Title: Raul Lopez complaint
Author:
rkeller@netaxs.com (Rod Keller)
Date: 10 Nov 1999 13:33:57 GMT

[File is available at http://www.parishioner.org/lopez.html, with links to
exhibits not found in the post below.]

Daniel A. Leipold - SB #77159
Cathy L. Shipe - SB #156453
LEIPOLD, DONOHUE & SHIPE, LLP
960-A West Seventeenth Street
Santa Ana, CA 92706
Telephone: (714) 796-1555

Ford Greene
HUB LAW OFFICES
711 Sir Francis Drake Blvd.
San Anselmo, CA 94960
(415) 258-0360

Attorneys for Plaintiff,
RAUL LOPEZ, by and through his Guardian ad Litem
ALICIA LOPEZ

SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES, CENTRAL DISTRICT

RAUL LOPEZ, by and through his Guardian ad Litem, ALICIA LOPEZ,

Plaintiff,

vs.

CHURCH OF SCIENTOLOGY MISSION OF BUENAVENTURA, CELEBRITY CENTRE
INTERNATIONAL, CHURCH OF SCIENTOLOGY FLAG LAND BASE, WORLD INSTITUTE OF
SCIENTOLOGY ENTERPRISES, CHURCH OF SCIENTOLOGY RELIGIOUS TRUST, ROBERT
CEFAIL, TOLI CEFAIL, MICHAEL ZETNER, THE RC&A GROUP, INC., MICHAEL HALEY,
BRENT JONES, RAUL VALLE, TOM STEINER and DOES 2 through 50, inclusive,

Defendants.

CASE NO.: BC200852

JUDGE REGINALD A. DUNN, 
DEPT. 44

SECOND AMENDED COMPLAINT FOR:

1.  BREACH OF CONTRACT;
2.  NEGLIGENCE;
3.  FIDUCIARY ABUSE;
4.  CONSTRUCTIVE FRAUD;
5.  FRAUD - INTENTIONAL MISREPRESENTATION;
6.  FRAUD - CONCEALMENT;
7.  INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS;
8.  UNFAIR BUSINESS PRACTICES;
9.  PROFESSIONAL MALPRACTICE;
10.  NEGLIGENT MISREPRESENTATION;
11.  RESCISSION AND RESTITUTION; AND,
12.  CONSTRUCTIVE TRUST AND ORDER OF CONVEYANCE;

COMES NOW Plaintiff RAUL LOPEZ, by and through his Guardian ad Litem,
ALICIA LOPEZ, and for his causes of action against the Church of
Scientology Mission of Buenaventura, Celebrity Centre International, Church
of Scientology Flag Land Base, World Institute of Scientology Enterprises,
Church of Scientology Religious Trust, Robert Cefail, Toli Cefail, Michael
Zetner, The RC&A Group, Inc., Michael Haley, Brent Jones, Raul Valle Tom
Steiner and Does 2 through 50, inclusive, and each of them, alleges as
follows:

THE PARTIES

1. Raul Lopez is a resident of Oxnard, California for whom a conservator has
been appointed.

2. Plaintiff is informed and believes, and thereon alleges, that the
Defendant, Church of Scientology Buenaventura Mission (erroneously named
herein as Church of Scientology Mission of Buenaventura) is a corporation
doing business in Ventura, California.

3. Plaintiff is informed and believes, and thereon alleges, that the
Defendant, Celebrity Centre International, is a corporation doing business
in Los Angeles, California.

4. Plaintiff is informed and believes, and thereon alleges Flag Land Base
also known as Flag Service Organization is a business of unknown form
located in and doing business in Clearwater, Florida.

5. Plaintiff is informed and believes that the Defendant World Institute of
Scientology Enterprises is a Religious Corporation located and doing
business in Los Angeles, California.

6. Upon filing the complaint herein, Plaintiff being ignorant of the true
name of a Defendant, and having designated said Defendant in the Complaint
by a fictitious name to wit:  Doe 1, and having discovered the true name of
said Defendant to be Church of Scientology Religious Trust names Defendant
by its true name herein.  The Church of Scientology Religious Trust is an
entity of unknown form that Plaintiff is informed and believes is doing
business in Clearwater, Florida.

7. Robert Cefail is a former principal with the Defendant, RC&A Group, Inc.

8. Toli Cefail is a former principal with the Defendant, RC&A Group, Inc.

9. Michael Zetner is a former principal with the Defendant, RC&A Group, Inc.

10.  Plaintiff is informed and believes, and thereon alleges, that RC&A
Group, Inc. is a corporation having its principal place of business in
Clearwater, Florida.

11. Michael Haley is a former attorney at law licensed to practice in the
state of California.

12. Brent Jones is an attorney at law licensed to practice in the state of
California.

13. Raul Valle is a tax preparer and investment advisor practicing in the
state of California.

14. Tom Steiner is the proprietor of the Defendant, Church of Scientology
Buenaventura Mission.

15. Plaintiff does not know the true names or capacities of the Defendants
sued herein, as Does 2 through 50, inclusive.  Plaintiff sues such
Defendants by such fictitious names pursuant to section 474 of the
California Code of Civil Procedure.  Plaintiff is informed and believes,
and on that basis alleges, that each said Defendant is responsible in some
manner for the events, transactions or arrangements described herein as
well as the resulting injuries and damages further described herein. 
Plaintiff will amend or supplement this complaint to state their true names
and capacities when they are ascertained.

16. Defendants: Church of Scientology, Mission of Buenaventura; Church of
Scientology Celebrity Centre International; Church of Scientology Flag Land
Base also known as Church of Scientology Flag Service Organization, Church
of Scientology Religious Trust and the World Institute of Scientology
Enterprises constitute a portion of the overall enterprise known as
Scientology.  The Enterprise of Scientology consists of numerous corporate
entities, but operates as a seamless structure _ultra vires_ of the corporate
lines of authority.  The enterprise of Scientology constitutes a _deceptis
visus_ designed to make the enterprise of Scientology and its individual
corporate components "impregnable" and immune from the collection of
liability judgments.  The enterprise of Scientology is in fact controlled
by and through an unincorporated, paramilitary like association known as
the "Sea Organization" whose members are placed in key management positions
within key corporations such as Defendant World Institute of Scientology
Enterprises.  The leadership of the "Sea Organization," through its
placement of members in corporations that it runs, is able to control the
whole of the enterprise of Scientology, channeling money, assets and
employees around the enterprise of Scientology at will regardless of
existing corporate structures.

17. At all times mentioned herein, each Defendant, with the exception of
Defendant Haley, was the partner, agent and/or employee of each
co-Defendant herein and was at all times acting within the scope of such
partnership, agency and/or employment; further, with the exception of
Defendant Haley, each Defendant was authorized to speak on behalf of each
other Defendant, and each Defendant ratified the conduct of each
Co-Defendant herein.

18. Venue is proper, in that many of the acts herein alleged occurred on the
premises of Defendant Celebrity Centre International, Inc., which is
located and does business within the area of this Court's jurisdiction.

GENERAL ALLEGATIONS

19. Plaintiff Raul Lopez was born on July 25, 1966.  On August 27, 1985, at
the age of 19, he was gravely injured when the light pick-up truck he was
driving was demolished in a head-on collision by an 18-wheel truck. 
Plaintiff was hospitalized for approximately seven months following the
incident.  Among the many injuries he suffered was a closed head injury
resulting in irreversible trauma to his brain.  This injury caused
cognitive dysfunction that rendered Plaintiff substantially impaired
mentally and emotionally, including a compulsion toward impulsive and
irrational behavior.  Accordingly, Plaintiff became permanently incapable
of caring for his property, protecting his rights, transacting business or
fully understanding the nature or effects of his actions.

20. Following his accident, Plaintiff, through his mother, Alicia Lopez,
hired Defendant Michael Haley to prosecute a Personal Injury action on his
behalf.  During the course of that claim, Defendant Haley obtained the
opinions of various health care professionals for use in prosecution of
that claim.  The evaluating neuropsychologist, Dr. Charles Fretheim,
concluded Plaintiff was incompetent to act responsibly on his own behalf,
and Dr. Fretheim strongly recommended that a conservator be appointed. 
Despite this, Defendant Haley neither discussed Dr. Fretheim's
recommendation with Plaintiff or Plaintiff's mother, nor moved for the
appointment of a conservator.  Thus, when Plaintiff's personal injury claim
was eventually settled for the sum of $2.5 million, there was no mechanism
in place to prevent Plaintiff from accessing the funds, even though he was
known to be incompetent to handle them responsibly.

21. Following Plaintiff's release from the hospital in or about March of
1986, Plaintiff embarked on a grueling outpatient rehabilitative physical
therapy program to enable him to walk again and perform other activities of
daily living.  One day in the early summer of 1987, as part of his recovery
program, Plaintiff visited a swap meet.  There, using the cane he required
in order to ambulate, Plaintiff slowly walked up and down the rows, pausing
for significant lengths of time at the end of each one to rest before
starting down a new row.  At the end of one such row, situated in the
vicinity of the spot where Plaintiff had stopped to rest, was a booth
bearing a sign advertising "Dianetics" and offering literature authored by
L. Ron Hubbard, promulgator of what is known as the Church of Scientology.

22. While Plaintiff was resting near the "Dianetics" booth in preparation to
begin his walk down the next row, a woman stationed at the booth struck up
a conversation with Plaintiff.  That person was an agent and authorized
representative of Defendant Church of Scientology Buenaventura Mission and
the enterprise of Scientology who inquired about Plaintiff's obviously
impaired physical condition.  Plaintiff told her of the vehicular accident.

23. During the initial conversation between Plaintiff and the Scientology
representative, the woman encouraged Plaintiff to complete a "free
personality test," and Plaintiff did.  The "free personality test" is a
standard and usual method by which members of the public are recruited to
join the Church of Scientology.  Subsequently, consistent with a second
standard and usual step in Scientology's recruitment process, Plaintiff was
contacted by and participated in a formal interview with a Scientology
agent, who became known to Plaintiff as Jim Hamre, a Church of Scientology
"registrar" associated with the Church of Scientology Buenaventura Mission
and the overall enterprise of Scientology.  Jim Hamre's position as a
Scientology "registrar" required him to employ a "Hard Sell" sales
technique on Plaintiff which Scientology defines as "not being reasonable
with stops and barriers (objections) and getting him (Mr. Lopez) fully paid
up and taking the service."  In accordance with Scientology protocol, Hamre
advised Plaintiff his test results indicated various areas of difficulty in
his life for which he could receive help by participating in Scientology
courses and an intermittent process of interrogation and counseling known
as "auditing."

24. From the very first days of his affiliation with Scientology,
Plaintiff's brain damage was known to Jim Hamre and Tom Steiner, as was the
fact that Mr. Lopez was in possession of significant assets.  Thereafter,
Plaintiff's auditor, on behalf of the Church of Scientology Buenaventura
Mission and on behalf of the enterprise of Scientology, sought to obtain,
and did obtain, all of Plaintiff's medical and psychiatric records as part
of Plaintiff's indoctrination into the Church of Scientology.  Accordingly,
Defendants and/or their agents have, at all times, been aware of
Plaintiff's permanent mental limitations including the contents of those
records, which revealed that Plaintiff had received a traumatic head injury
resulting in significant permanent impairment of cognitive function.  At
all times, all Defendants, with the exception of Defendants Haley, Jones
and Valle have represented to Plaintiff that his permanent physical
impairments would be improved by intensifying his study of Scientology.

25. At the time of Plaintiff's formal interview, as described herein above,
Plaintiff was afflicted with a loss of neuromuscular control in both hands
which manifested as a tremor, a consequence of his vehicular accident.  The
tremor was quite visible and a source of distress and anxiety to Plaintiff,
who made this known to Jim Hamre, the conductor of the interview. 
Thereafter, in addition to representing that Scientology courses and
auditing would cause improvement in Plaintiff's mental and emotional
status, Hamre assured Plaintiff that the tremor would be cured, and that he
be fully returned to he pre-accident condition by his participation in
those Scientology activities.

26. Also during the course of the interview described herein above, Jim
Hamre made repeated inquiries of Plaintiff about how much money he had in
his bank account, how much interest he had earned on it, and how he could
obtain access to it.  Beginning that day, and approximately three to five
times per week thereafter, at the urging of Jim Hamre and other Scientology
agents, Plaintiff inquired of his mother, Alicia Lopez, about how much
money and interest he had in his accounts.  At the time, Plaintiff had
multiple accounts.  Ms. Lopez was a joint tenant on the accounts, but her
signature was not required in order for Plaintiff to obtain funds.  At the
time Plaintiff began making these incessant inquiries of his mother, Ms.
Lopez was a hospital inpatient, recovering from surgery.  Owing to her
weakened state, she acceded to Plaintiff's initial Scientology-instigated
requests for information about Plaintiff's funds without scrutinizing them.

27. At the urging of Jim Hamre and the other Scientology agents with whom
Plaintiff became acquainted, Plaintiff continued to make almost daily
inquiries of his mother regarding the amount of funds in his bank accounts.
 Plaintiff reported the information he learned from his mother back to the
Scientology agents, who continually urged him to buy additional expensive
courses and L. Ron Hubbard-authored literature.  The relentlessness of
these inquiries engendered much tension and discord between Plaintiff and
his mother.  Eventually, during a time when Ms. Lopez was herself in a
weakened state of health, she became exasperated and relinquished all
control of the bank accounts to Plaintiff, vowing to have no further
involvement in the management of his money.

28. Although Plaintiff's mother, Ms. Lopez, was aware he had become involved
with an organization, she did not know in the first two weeks anything
about it or the extent to which Plaintiff was giving his money to it.  By
the end of the second week following his initial interview with the
Scientology agent, Plaintiff had already spent or pledged approximately
$30,000 for Scientology courses, materials and/or auditing services that
Plaintiff had been told would bring him back to his pre-accident condition,
curing his permanent injuries.  When Ms. Lopez learned this, she
accompanied the Plaintiff to the premises of the Defendant Buenaventura
Mission to confront the persons who had influenced Plaintiff.  Once there,
Ms. Lopez, citing Plaintiff's impaired and vulnerable mental state,
demanded the return of his money.  After some discussion, the Scientology
agent returned approximately $28,500 to Plaintiff and told him never to
return to the Church of Scientology.

29. Despite having admonished Plaintiff to leave Scientology and never
return, the representatives from the Defendant Buenaventura Mission
subsequently communicated with Plaintiff and once again began encouraging
him to spend his money on Scientology literature, courses and auditing. 
They once again advised Plaintiff his only chance of "handling" the
difficulties in his life, and returning himself to his pre-accident
condition was by participating in Scientology activities.  However, this
time, they advised him he could become involved with Scientology only if he
prevented his mother from interfering with the affiliation.  Plaintiff was
advised that his mother and other members of his family were "suppressive
persons" who impeded Plaintiff advancement in Scientology and sought to
actively interfere with his receiving the promised benefits of Scientology.

Accordingly, Plaintiff, while endeavoring to keep the information from his
mother, commenced paying for Scientology products and services at the rate
of thousands of dollars every month until, by the end of 1996, Plaintiff
had paid hundreds of thousands of dollars for Scientology services and
products. 

30. Plaintiff participated in the Scientology process known as auditing as
often as five to six days a week at the Church of Scientology Buenaventura
Mission.  In addition, he was passed on to other members of the enterprise
of Scientology, including Defendant Church of Scientology Celebrity Centre
and Defendant Scientology Flag Land Base (also known as the Flag Service
Organization) for further advanced auditing.  Despite the fact that
Plaintiff never obtained any of the benefits promised to him and Plaintiff
repeatedly passed out (lost consciousness) during auditing sessions,
representatives of the enterprise of Scientology continually insisted that
the solution to any problems Plaintiff had was additional expensive
auditing.  With knowledge that Plaintiff was having a continuing and
alarming physical reaction to the auditing processes, Defendants Church of
Scientology Buenaventura Mission, Church of Scientology Flag Land Base
(also known as Church of Scientology Flag Service Organization) and Church
of Scientology Celebrity Centre failed to stop the processing or advise the
Plaintiff that he should obtain medical advice before obtaining further
auditing. 

31. Defendants Church of Scientology Buenaventura Mission, Church of
Scientology Celebrity Centre and Church of Scientology Flag Land Base
proceeded to audit Plaintiff in direct contravention of the policies of
Scientology, stating that persons such as Plaintiff who had a history of
psychiatric care or treatment with psychiatric drugs are "illegal PCs" and
ineligible for auditing.

32. Plaintiff was induced to participate in Scientology and the business
transactions described herein primarily by statements frequently made to
him by Jim Hamre and other Scientology agents, to the effect that
Scientologists were "the most ethical people on the planet."  This was of
great significance and importance to Plaintiff, since it caused him to
believe the Scientologists who were advising him were trustworthy and
concerned with his best interests.  However, Plaintiff never learned during
his tenure with Scientology that the Church of Scientology, which refers to
its methods as "technology," adheres to its singular definition of the word
ethics, which is that:

Ethics is a first dynamic action.  All ethics really does is hold the lines
firm so that you can route and audit.  All ethics is for in actual fact is
simply that additional tool necessary to make it possible to get technology
in.  That's the whole purpose of ethics; to get technology in.

33. In late 1991, Plaintiff was approached by Jim Hamre, who, after again
inquiring about the amount of funds available to Plaintiff, told Plaintiff
of a business opportunity, which Hamre characterized as very promising. 
Hamre introduced Plaintiff to Defendant Michael Zetner, also a
Scientologist, who described his company, RC&A Group, Inc. (hereinafter,
"RC&A"), and its purported plan to install telephones in jails for use by
inmates.  Defendant RC&A is a Scientologist-owned and run company licensed
by Defendant WISE to use the "administrative technology" of L. Ron Hubbard,
founder of Scientology, for a fee of 10% of RC&A's gross receipts.  Zetner
boasted to Plaintiff of the great plans he had for RC&A and its jailhouse
telephone scheme, and he and Hamre encouraged Plaintiff to act quickly to
invest in the company.  Although they knew of Plaintiff's mental
disability, Hamre and Zetner urged that there was no need for Plaintiff to
seek independent advice regarding the soundness of investing in RC&A and
urged Plaintiff to act without delay.  As had the other Scientologists with
whom Plaintiff had communicated, Zetner assured Plaintiff that he, Zetner
was extremely ethical, and he solicited and gained Plaintiff's trust and
confidence.

34. Hamre's encouragement to Plaintiff to enter into the jailhouse telephone
investment scheme was made in his capacity as registrar, and as an
authorized agent for the Church of Scientology Buenaventura Mission and the
enterprise of Scientology.  From its inception the investment scheme was
solely designed to provide RC&A, Zetner and the Cefails a method by which
they could obtain funds to channel into the enterprise of Scientology or
pay for its products and services.

35. Accordingly, on October 16, 1991, Plaintiff entered into the first of
three contracts with Cefail and RC&A.  The October 16, 1991, contract
called for Plaintiff to invest $60,000 with RC&A in exchange for a minimum
monthly income stream after 14 months of $135 for each of 20 phones for 48
consecutive months, with a maximum monthly payment of up to 50% of the
phones' net revenue. The October 16, 1991, contract is attached hereto as
Exhibit "A" and incorporated by reference as though fully set forth herein.

36. A second contract, also between Plaintiff and RC&A on the same terms as
the October 16, 1991 agreement, was executed, also in October 1991.  
Plaintiff and Defendant Cefail, as authorized agent of RC&A, signed it. 
Defendant Zetner promised to provide Plaintiff with a copy of the contract.

However, he never did so.  The second contract is attached hereto as
Exhibit "B" and incorporated by reference as though fully set forth herein.

37. A third contract was executed on December 9, 1991.  Although Zetner led
Plaintiff to believe he was contracting with RC&A again, this contract was
actually executed between Plaintiff, on the one hand, and Defendants Robert
and Toli Cefail and Michael Zetner, as individuals, on the other. 
Nevertheless, the third contract contemplated the same investment purpose
as had the October 1991 contracts.  This third contract called for
Plaintiff to invest a total of $180,000 for 70 additional phones, with the
same provisions for minimum and maximum monthly income streams as were
associated with the first and second contracts, as set forth in Paragraphs
34 and 35 above, except that: under this third contract, Plaintiff was also
to be paid 12 consecutive payments of $3,500 each, beginning four months
after the execution of the agreement.  Thus, under all three contracts,
Plaintiff was to receive a total minimum return of $754,800.  The third
contract is attached hereto as Exhibit "C" and incorporated by reference as
though fully set forth herein.

38. At all times when Plaintiff was being encouraged and pressured to invest
in the jailhouse telephone scheme by Hamre and Zetner, Plaintiff was in
need of independent professional legal and/or investment advice.  Plaintiff
was actively discouraged by both Hamre and Zetner from having the jailhouse
telephone scheme and the contracts (appended hereto as Exhibits "A", "B"
and "C") examined by anyone who could give him unbiased professional advice
about the appropriateness of the scheme in general and/or the wisdom of
entering into the specific contracts set forth as Exhibits "A", "B" and
"C."  Plaintiff was advised by Hamre and Zetner that, rather than having
the contracts reviewed by an attorney, he should have the contracts
reviewed by a non-attorney Scientologist based on Scientology "Ethics and
Justice" principles.

39. The actions of Hamre in inducing Plaintiff to invest in the jailhouse
telephone scheme were known to Defendant Thomas Steiner and Defendant
Church of Scientology Buenaventura Mission and were ratified by them.

40.  Pursuant to the advice and pressure of Hamre and Zetner, Plaintiff in
fact paid a fee to have Exhibit "A" reviewed by a Scientology "ethics
officer," who advised the Plaintiff that the contract should specify that
Defendant WISE would be selected to resolve any disputes that arise under
the contract.

41. Plaintiff fully performed his obligations under each of the three
contracts described above, to wit: Plaintiff paid consideration in three
separate transactions of $60,000, $60,000 and $180,000, respectively, to
Robert Cefail, Toli Cefail, Michael Zetner and RC&A as investments in the
jailhouse telephone scheme as set forth herein.

42. Although Plaintiff received the first $3,500 payment in April, 1992, as
called for by the third contract, beginning in May of 1992, and at all
subsequent times, Defendants RC&A, Robert Cefail, Toli Cefail and Michael
Zetner have failed to pay in accordance with their obligations under the
above-described contracts.

43. On information and belief, neither the Cefails, Zetner nor RC&A ever
intended to use, nor did they use, the full amount of Plaintiff's
investments toward the furtherance of the jailhouse telephone scheme as
called for by the contracts with Plaintiff.  Instead, Defendants used a
small portion of Plaintiff's investments for the purchase and installation
of some telephones and diverted the remaining funds for their own use and
benefit and for the use and benefit of the enterprise of Scientology.

44. On information and belief, Plaintiff alleges that prior to entering in
to the contracts set forth herein as Exhibits "A", "B" and "C," Defendants
Robert and Toli Cefail, Michael Zetner and the RC&A Group, Inc. were
themselves being pressured by representatives of the enterprise of
Scientology to channel funds into the "Church of Scientology Religious
Trust."  Defendants Robert and Toli Cefail, Michael Zetner and RC&A, Inc.
advised representatives of the enterprise of Scientology that they were in
the process of obtaining a large amount of funds from Plaintiff through
Plaintiff's investment in the jailhouse telephone scheme.  Defendants
Robert Cefail and Toli Cefail, Michael Zetner and RC&A, Inc. sought
permission from agents of the enterprise of Scientology to enter into the
contracts set forth herein as exhibits "A", "B" and "C."  Defendants Robert
and Toli Cefail, Michael Zetner and RC&A, Inc. were granted permission by
agents of the enterprise of Scientology to enter into the contracts so long
as "a decent portion of the money went to" the enterprise of Scientology.

45. On information and belief, Plaintiff alleges that Defendants Robert and
Toli Cefail, Michael Zetner and RC&A Group, Inc. channeled a significant
portion of the $300,000 invested by Plaintiff into various Scientology
organizations and projects including the "Church of Scientology Religious
Trust." 

46. Following the initial breach of contract by Defendants Robert Cefail,
Toli Cefail and Michael Zetner and RC&A in May of 1992, Plaintiff
approached one or more representatives of Defendant Church of Scientology
Buenaventura Mission and the enterprise of Scientology for advice and help
in prompting RC&A, the Cefails and Zetner to honor their contractual
obligations.  Plaintiff was advised that the way to resolve his conflict
with the Cefails, Zetner and RC&A was to join the World Institute of
Scientology Enterprises (hereinafter, "WISE") and avail himself of its
provision for arbitration proceedings.  In June of 1992, Defendant Toli
Cefail further encouraged Plaintiff to take the matter of his complaint
against her, Robert Cefail, Michael Zetner and RC&A to WISE.  She did so by
sending information to Plaintiff regarding how to begin WISE arbitration
proceedings.

47. In mid-1992, in reliance on Defendants' repeated representations about
the "ethical" nature of Scientology and WISE, Plaintiff made successive
requests of WISE for assistance in resolving the matter of Defendants'
failure to pay him according to the terms of their contracts.  On August
27, 1992, in response to a fax from WISE, Plaintiff applied and paid for
membership in WISE in order to qualify for its provision for arbitration.

48. WISE is a religious organization specifically and solely dedicated to
the furtherance of Scientology principles and practices, and it operates
according to the definition of "ethics" as set forth in Paragraph 32 above.

WISE, In fact, constitutes an integral part of the enterprise of
Scientology.  At all times referred to herein, Defendants and their
representatives with whom Plaintiff consulted knew the Scientology
definition of "ethics," knew that WISE operated upon that definition, and
knew that, in arbitrating Plaintiff's claim, WISE's only concern would be
to preserve and uphold all avenues for the flow of money into Scientology
organizations, including the ratification of the transfer by RC&A and
Defendants, Robert and Toli Cefail and Zetner of funds fraudulently
procured from Plaintiff to the enterprise of Scientology.

49. Plaintiff was repeatedly advised and unduly influenced by all the
Defendants, with the exception of Defendants Haley and Church of
Scientology Religious Trust that WISE constituted the only forum available
to an "ethical" Scientologist for the resolution of claims against fellow
Scientologists.  Defendants further advised Plaintiff that it was a
violation of Scientology ethics for one Scientologist to pursue a claim
against another Scientologist outside the Scientology ethics and justice
system.  Specifically, Defendants employed the auditing procedure to gain
Plaintiff's assent to the WISE arbitration on the basis that if he did not
agree to pursue his claims against his fellow Scientologists in an ethical
manner, he could not avail himself of the promised opportunity to be
returned to his pre-accident condition.  Plaintiff relied on these
statements and the repeated assurances of WISE that WISE would take care of
Plaintiff and handle all of Plaintiff's claims pursuant to Scientology
ethics in joining WISE and consenting to its arbitration processes.

50. Rather than providing a neutral quasi-judicial forum for the resolution
of the dispute between Plaintiff and RC&A, the WISE arbitration was
designed from the beginning to provide the trappings of a fair forum while
in reality having as its primary purpose protecting the enterprise of
Scientology.  WISE knew at the time that it acted to induce Plaintiff to
make use of its sham arbitration services that it had no intention of
providing a quasi judicial forum and that in fact that it was primarily
acting to protect the flow of funds into Scientology and protect the
enterprise of Scientology from examination by the "WOG", (Non-Scientology),
judicial system. 

51. The WISE arbitration proceedings are ongoing and have not concluded.  At
all times up to and including the present, Plaintiff has received repeated
assurances from Defendants and their representatives that he should trust
the WISE program to satisfactorily resolve his claim.  However, the WISE
arbitration proceedings have been and continue to be a sham.  In actual
fact, Defendants have acted from the beginning to conceal WISE's true
mission from Plaintiff and, although knowing of his incapacitated mental
state, have encouraged him to forego any alternative legal rights and
remedies he may otherwise have, and to rely on their assurances about the
WISE proceedings.  On each occasion when he has complained about the lack
of resolution, he was unduly influenced by having been advised by
Defendants and/or their authorized agents to both trust in WISE and to
undergo further Scientology auditing services.

52. In or about 1993, Jim Hamre introduced Plaintiff to an individual named
Don Sturges, also a Scientologist, who sought a mortgage to be funded by
Plaintiff.  At the urging of Hamre, who knew of Sturges' tenuous financial
position, but nevertheless strongly recommended the transaction, Plaintiff
made the loan.  He did so in reliance on the assurances of Hamre to the
effect that both Hamre and Sturges were "ethical" Scientologists and could
be trusted.  However, Sturges defaulted after one payment and never repaid
the loan.  Hamre's urging to Plaintiff to enter into the transaction was
made in his capacity as registrar, and as an authorized agent for the
Church of Scientology Buenaventura Mission and as an authorized agent of
the enterprise of Scientology, and was solely designed to provide Sturges a
method by which he could obtain funds to donate to the enterprise of
Scientology or pay for its products and services.

53. On two occasions, Plaintiff submitted paperwork to Defendant, Church of
Scientology Mission of Buenaventura in an effort to have WISE arbitrate his
claim against Sturges; however, after each occasion, Plaintiff was informed
his paperwork had been lost.  Upon complaining to WISE, Plaintiff was
advised to obtain additional Scientology auditing services.

54. Jim Hamre engaged in a continuing practice on behalf of the Mission of
Buenaventura and the Enterprise of Scientology of using Plaintiff as a bank
so as to enhance the revenue stream of the Church of Scientology Mission of
Buenaventura and his own personal "STATS" (statistics) as registrar of the
Mission.  On multiple occasions when Mr. Hamre was "regging" (Hard Selling)
individuals who had no funds to purchase Scientology goods or services, Mr.
Hamre would pressure Plaintiff to loan funds to the individual. Thus, the
Mission would get paid for its services, while Plaintiff would have to
collect an unsecured loan.  This pattern and practice was known to Mr.
Steiner, the Mission's owner and approved and ratified by him.

55. In or about 1993, in response to one of Plaintiff's many complaints
about the failure of RC&A to pay him in accordance with the terms of the
contracts, Plaintiff was referred to an attorney for assistance.  The
attorney, Defendant Brent Jones, was also a Scientologist dedicated to the
furtherance of Scientology pursuant to its "ethics" policy as described in
Paragraph 32 above.  Accordingly, he advised Plaintiff that the WISE
arbitration procedure was in Plaintiff's best interests, despite knowing
that WISE's foremost concern was for the furtherance of Scientology and not
for the acquisition of justice for Plaintiff.

56. Upon undertaking the representation of Plaintiff, Defendant Jones was
fully apprised of Plaintiff's vehicular accident and ensuing mental
incapacity.  Nevertheless, during the time when he was representing
Plaintiff before the WISE Charter Committee, Defendant Jones failed to seek
the appointment of a conservator or guardian to act on Plaintiff's behalf. 
Instead, Jones repeatedly exploited and took advantage of Plaintiff's
vulnerable mental state.

57. In or about mid-1994, which was also during the course of his
representation of Plaintiff before the WISE Charter Committee, Defendant
Jones approached Plaintiff regarding a business venture in which Jones was
then involved, the breeding and sale of ostriches.  Jones represented to
Plaintiff that he, Plaintiff, should invest in the venture, that if he did
so he would reap a sizeable return on his investment, and that there was no
need to seek independent advice about the viability or advisability of
going forward with the investment.  Jones further advised Plaintiff that he
should act quickly so as not to miss out on the chance to become involved
with the venture.  With Jones' representations in mind, Plaintiff invested
in the venture for the purchase of two ostrich eggs to be harbored for
incubation and subsequent maintenance with other such ostriches on property
owned by Jones.

58. Despite having paid for two ostrich eggs, when Plaintiff subsequently
visited the property of Jones to see them, Jones told him he could not
distinguish which of the several eggs then present belonged to Plaintiff. 
Nevertheless, Jones assured Plaintiff there was nothing to worry about. 
Plaintiff, having complete trust in Jones, accepted Jones' assurances.

59. Subsequently, after the ostrich eggs had hatched, Plaintiff again
visited the property owned by Jones where the ostriches were harbored.  At
that time, Jones showed Plaintiff an open yard with many ostriches standing
about.  Upon Plaintiff's inquiry about which of the live ostriches belonged
to him, Jones indicated he was unable to distinguish between the ostriches;
however, he nevertheless again assured Plaintiff he had no reason to worry,
and Plaintiff acquiesced.

60. Subsequently, Jones advised Plaintiff that, in order to assure the
maximum protection of the ostriches, it would be necessary to build a pen
on Jones' property where the ostriches could be contained.  At Jones'
request, Plaintiff purchased the materials with his own funds and built the
pen himself on Jones' property.

61. Shortly after Plaintiff completed construction of the ostrich pen on
Jones' property, in or about late 1994, Jones advised Plaintiff, without
further explanation, that both of Plaintiff's ostriches had died. 

62. In addition to the investment in Ostrich Farming in 1995, Defendant
Jones also convinced Plaintiff to invest $15,000 in a company Jones was the
President of, New Era Technologies.  Plaintiff's entire investment in New
Era Technologies was lost when the company went bankrupt. 

63. At various times during the course of his affiliation with Defendants,
Plaintiff, upon the insistence and urging of Defendants and/or their
authorized agents, paid money for Scientology products and services by not
only extracting funds from his personal accounts, but also by charging them
to his credit cards up to the maximum allowable limits.  Defendants,
knowing that they were taking advantage of Plaintiff's mental incapacity,
sought to cover up their systematic looting of Plaintiff's funds. 
Defendants instructed Plaintiff on numerous occasions that he should
purchase cashier's checks made out to himself.  Defendants would then have
the Plaintiff endorse the cashiers check on the back with his name in
payment for Scientology "Services".

Also, at the urging of Defendants and/or their authorized agents, Plaintiff
was taught how to obtain funds by refinancing the two homes he had
purchased free and clear after receiving his lawsuit settlement proceeds,
and he tendered these funds to the Church of Scientology Buenaventura
Mission and/or Celebrity Center International and/or Church of Scientology
Flag Land Base.  Plaintiff has subsequently been unable to keep either of
the two homes.

64. At various times, pursuant to the policies of the enterprise of
Scientology, Plaintiff was passed "up the Bridge to Total Freedom" by the
Church of Scientology Buenaventura Mission so that he could receive
advanced "auditing" and other Scientology services and products at the
Celebrity Centre International facility in Los Angeles, California and the
Church of Scientology Flag Land Base also known as the Church of
Scientology Flag Service Organization in Clearwater, Florida.  On the
occasions that Plaintiff was "passed up the Bridge to Total Freedom"
Plaintiff's records including his "preclear file" was also "passed up the
Bridge" thus each Scientology Organization selling products and services to
Plaintiff knew of Plaintiff's incapacity as alleged herein.  Plaintiff was
obligated to pay for all Scientology products and Services he received.

65. In furtherance of the policies of the enterprise of Scientology and for
the economic benefit of all Defendants with the exception of Defendant
Haley, the Defendants formulated a plan to unduly influence Plaintiff by
isolating and disconnecting him from the advice, protection and support of
those persons who would naturally be concerned with his welfare and were
not in full alignment with the goals, policies and doctrines of the
enterprise of Scientology.  Defendants' plan of isolation and disconnection
of Plaintiff was carried out with full knowledge of Plaintiff's limited
capacity to manage his own affairs and included, but was not limited to: 1)
supplying the Plaintiff with "instructions" for investment within the
Scientology community; 2) channeling Plaintiff away from the "Wog,"
(non-Scientology) justice system and into the closed Scientology WISE
justice system; 3) supplying Plaintiff with a Scientology lawyer in order
to divert him from competent legal advice; 4) supplying him with a
Scientology tax preparer in order to monitor his funds and shield the
extent to which Plaintiff's resources were being depleted from examination
by a "Wog" accountant; 5) having his auditor, an agent and employee of the
Church of Scientology Buenaventura Mission and the enterprise of
Scientology live in Plaintiff's house for approximately a year and a half
in order to monitor Plaintiff's activities and contacts with others outside
the enterprise of Scientology.

66. Defendants, with the exception of Defendant Haley have acted to conspire
to commit the acts alleged herein.  Defendants conspiracy had as its
purpose to unduly influence Plaintiff so as to the systematically strip him
of his assets for the benefit of the individual Defendants and for the
benefit of the enterprise of Scientology and to cover up Defendants
wrongdoing and to induce Plaintiff to forgo his legal rights against the
individual Defendants and the enterprise of Scientology. Said conspiracy
was and is ongoing and includes overt acts in furtherance of said
conspiracy through October of 1998. 

FIRST CAUSE OF ACTION
(Breach of Contract Against Defendants RC&A, Robert Cefail, Toli Cefail and
Michael Zetner)

67.  Plaintiff refers to and incorporates herein by reference each and
every allegation contained in paragraphs 1-18 and 32-45 and paragraph 66
above.

68. Defendants RC&A, Inc. Michael Zetner, Robert Cefail and Toli Cefail have
repeatedly and in an unjustified manner materially breached their
obligations under the contracts attached hereto as exhibits "A", "B" & "C."

69. Defendants' breaches of their contractual obligations have never been
excused or waived by Plaintiff.

70. As a result of Defendants' material breach of contract Plaintiff has
been made to suffer and continues to suffer damages in an amount to be
proven at trial.

SECOND CAUSE OF ACTION
(Negligence Against Defendant Church of Scientology Mission of Buenaventura
and Thomas Steiner only)

71. Plaintiff refers to and incorporates herein by reference each and every
allegation contained in paragraphs 1-25, paragraphs 30-31 and paragraph 64
and 66, above.

72. Defendants' fully and completely controlled Plaintiff at all times while
he was being counseled by means of auditing.

73. Defendants knew or should have known that in Plaintiff's impaired mental
state that counseling Plaintiff by means of auditing presented a risk of
injury to Plaintiff that was both predictable and unnecessary.

74. Defendants failed to exercise ordinary and reasonable care in dealing
with Plaintiff's counseling thus causing Plaintiff to suffer physical,
emotional and mental damages in an amount to be proven at trial.

THIRD CAUSE OF ACTION

(Fiduciary Abuse Against All Defendants, except Defendants RC&A, Robert
Cefail, Toli Cefail and Michael Zetner)

75. Plaintiff refers to and incorporates herein by reference each and every
allegation contained in paragraphs 1-66, and 71-74 above.

76. Plaintiff is a dependent adult within the meaning of Welfare and
Institutions Code section 15610.23. 

77. Each of the Defendants herein stood in a relationship of trust and
confidence to Plaintiff.  Specifically, Defendants Church of Scientology
Buenaventura Mission, Tom Steiner, Celebrity Centre International, Church
of Scientology Flag Land Base, Church of Scientology Religious Trust, and
World Institute of Scientology Enterprises stood in a special relationship
to Plaintiff in that, individually and/or through their agents, they
represented to Plaintiff that they could and would provide him with
guidance, all in his best interests, and that, as Scientologists, they were
bound to do so according to the highest ethical calling in the world; in
saying these things to Plaintiff, Defendants knew that Plaintiff would
place especial trust and confidence in them, and he did.  These Defendants
ratified, the acts of their agents, including but not limited to Jim Hamre,
as described herein above.

78. Defendants Haley and Jones stood in a special relationship to Plaintiff
in that they served as Plaintiff's attorneys.

79. Defendant Valle stood in a special relationship to Plaintiff in that he
was referred to Plaintiff by Plaintiff's advisors at the Church of
Scientology Mission of Buenaventura to serve as Plaintiff's tax preparer
and financial advisor and thereby owed Plaintiff a fiduciary duty of care.

80. Plaintiff's expenditure of thousands of dollars each month on
Scientology products and services was done, in every instance, at the
instruction of Defendants Church of Scientology Buenaventura Mission, Tom
Steiner, Celebrity Center International, Church of Scientology Flag Land
Base and the Enterprise of Scientology, individually and/or by and through
their authorized representatives, who frequently and relentlessly exhorted
and directed Plaintiff to purchase said products and services, despite
knowing he was afflicted with a brain injury rendering him of substantially
limited capacity and unable to comprehend the significance of his actions. 
In so doing, Defendants acted to further their own pecuniary gain, in that
each said Defendant obtained a direct economic benefit from the Plaintiff's
expenditure of funds for Scientology products and services, to wit: each
said Defendant received an incremental financial benefit based upon the
amount of money Plaintiff spent on Scientology products and/or services.

81. In doing the things herein above alleged, Defendants Haley, Jones and
Valle disregarded their fiduciary duties to Plaintiff, as follows:
Defendant Haley knew, based upon the professional opinion relayed to him by
the neuropsychologist, Dr. Charles Frethiem, that Plaintiff's impaired
mental condition required that a conservator be appointed to manage his
affairs.  Yet, Defendant Haley declined to seek such an appointment in
order to avoid the necessity of obtaining the approval of a court of
competent jurisdiction of the settlement of the claim, which would almost
certainly lead to a direct reduction of his fee.

82. Defendant Jones failed to pursue Plaintiff's claims against RC&A, the
Cefails and Zetner in such a way as to obtain, or attempt to obtain, a fair
forum; Defendant's failure in this regard demonstrated his loyalty was to
the Church of Scientology's policy to ensure maximum funds for Scientology
and that he had no comparative loyalty to his client, the Plaintiff herein.

By doing so, Jones participated in exploiting Plaintiff's incapacity and
contributed to unduly influencing him.

83. Defendant Jones further acted to involve Plaintiff in dubious business
dealings, including direct dealings with Jones as alleged herein above,
without permitting Plaintiff to seek independent advice or counsel and
without obtaining a written waiver of Plaintiff's conflict of interest; and
in those dealings, Jones took unfair advantage of Plaintiff.

84. Defendant Valle took unfair advantage of Plaintiff by extracting an
exorbitant fee each month in exchange for which he obtained and continues
to obtain de minimis payments from the Defendants Cefail and RC&A. 
Further, despite representing to Plaintiff that he has made efforts to
obtain increased payments consistent with the true obligations of said
Defendants, Defendant Valle has in fact made no such efforts, or any
efforts he has made have been illusory.  Defendant Valle's conduct has
been, and continues to be, designed to placate Plaintiff and dissuade him
from seeking remedies in an alternate forum.

85. Each Defendant was bound by its fiduciary duty to Plaintiff to act with
his best interests in mind.  However, in doing the things herein above
alleged, the Defendants, and each of them, disregarded Plaintiff's best
interests by causing Plaintiff to act in accordance with their own wishes,
and to benefit themselves and not Plaintiff, thereby misappropriating
and/or diverting Plaintiff's funds in the furtherance of Defendants' own
pecuniary interests. 

86. Defendants' acts as herein above alleged, were committed in reckless
disregard of Plaintiff's rights and were oppressive and malicious.

FOURTH CAUSE OF ACTION
(Constructive Fraud Against All Defendants)

87. Plaintiff refers to and incorporates herein by reference each and every
allegation contained in paragraphs 1-86, above.

88. By virtue of the fiduciary relationship between Plaintiff and Defendants
as set forth herein above, and especially because they knew of Plaintiff's
mental incapacity, Defendants owed Plaintiff the utmost good faith and
fairness in all matters pertaining to their financial and/or legal advice
to him.

89. Defendants, and each of them, were aware of Plaintiff's reliance upon
them for matters pertaining to his financial affairs.  By virtue of
Plaintiff's reliance on Defendants, Defendants gained an advantage over the
Plaintiff in matters concerning his financial dealings.

90. Defendants, however, were not the least interested in the Plaintiff's
financial well being, but were motivated solely by Defendants' own greed
and desire for pecuniary gain.

91. As a result of the Defendants' constructive fraud, the Plaintiff has
been damaged as herein alleged.

92. As a further result of Defendants' conduct, Plaintiff has incurred and
will incur attorney's fees and related expenses in an amount according to
proof.

93. By virtue of the foregoing, Defendants' conduct was malicious and
oppressive, and was committed intentionally and in conscious disregard of
the rights of and perils to the Plaintiff.

 FIFTH CAUSE OF ACTION
(Fraud - Intentional Misrepresentation
Against All Defendants Except Defendant Haley)

94. Plaintiff refers to and incorporates herein by reference each and every
allegation contained in paragraphs 1-93, above.

95. In representing to Plaintiff that Scientologists are the "most ethical
people on the planet," all Defendants with the exception of Defendant
Haley, individually and/or by and through their authorized agents, knew
Plaintiff would comprehend that statement, if at all, according to the
common English definition of the word "ethical."  Thus, Defendants'
representations were false, since they used and meant the word "ethical"
according to its Scientology definition, which provides that "ethical"
actions are those which serve to advance Scientology.

96. In addition, Defendants' false representations to Plaintiff included,
but were not limited to the following:  (1) that by receiving auditing,
Defendants would return Plaintiff to his pre-accident condition; (2) that
Plaintiff would be provided a fair, and conflict free forum so that he
could resolve grievances with other Scientologists; (3) that Plaintiff
would not be placed in investments for the benefit of others; and, (4) that
Plaintiff was eligible for auditing under Scientology's internal rules.

97. Further, said Defendants knew, when inducing Plaintiff to join and/or
participate in WISE and use its arbitration procedure to air his claim
against the Cefails, Zetner and RC&A, that WISE also operates according to
the Scientology definition of "ethics" and is therefore committed to
performing in a way which will secure and preserve the maximum resources
for Scientology enterprises, even if, as was the case with Plaintiff, it
does not result in justice for the claimant.

98. Further, in representing to Plaintiff that the business investments they
recommended to him were sound, Defendants, either individually and/or
through their authorized agents, misrepresented the true facts, which were
that the investments were shams or designed to primarily benefit the
enterprise of Scientology.

99. In saying the things to Plaintiff as herein above alleged, Defendants
knew them to be untrue.

100. As a result of Defendants' fraud and deceit as stated herein, Plaintiff
was exposed to Defendants' control and undue influence without his
knowledge or consent which exacerbated his preexisting mental capacity.

101. The true facts were that said Defendants, individually and/or by and
through their authorized agents, intended to induce Plaintiff's reliance on
their false statements, in order to further their own pecuniary interests
and/or those of the Enterprise of Scientology at the expense of Plaintiff.

102. Plaintiff, being of limited capacity as described herein, reasonably
relied on the statements, believing that Defendants were acting in his best
interests, as Defendants had induced him to do.

103. Plaintiff's reliance on Defendants' statements has caused him injury in
an amount according to proof, including inter alia, 1) foregoing the
opportunity to have his disputes heard in a fair forum; 2) investing his
funds in dubious, unsound schemes which ultimately resulted in the loss of
substantial sums; 3) the loss of his homes and other property; and, 4)
foregoing sound medical and psychological treatment because of Defendants'
representations that Scientology would cure his mental and physical ills.

104. By virtue of the foregoing, Defendants' conduct was malicious and
oppressive, and was committed intentionally and in conscious disregard of
the rights of and perils to the Plaintiff.

SIXTH CAUSE OF ACTION
(Fraud - Concealment Against All Defendants)

105. Plaintiff refers to and incorporates herein by reference each and every
allegation contained in paragraphs 1-104, above.

106. In making the representations to Plaintiff as herein above alleged,
Defendants concealed true facts which were material to the ability of
Plaintiff and/or his mother to act to preserve his welfare.

107. Defendants knew the information they withheld from Plaintiff would, if
disclosed to Plaintiff and/or his mother, be likely to result in measures
advantageous to Plaintiff but disadvantageous to Defendants' pecuniary
interests.  Despite this, Defendants withheld the information in order to
induce Plaintiff's reliance.

108.  Plaintiff reasonably relied on Defendants to provide him with
information in accordance with his best interests, as they had ensured him
they would do, and, particularly because of his impaired mental status, he
had no reasonable basis for suspecting Defendants were withholding material
information from him.

109. Plaintiff's reliance on Defendants' representations, including their
material omissions, resulted in damage in an amount according to proof.

110. By virtue of the foregoing, Defendants' conduct was malicious and
oppressive, and was committed intentionally and in conscious disregard of
the rights of and perils to the Plaintiff.

SEVENTH CAUSE OF ACTION
(Intentional Infliction of Emotional Distress
Against All Defendants)

111. Plaintiff refers to and incorporates herein by reference each and every
allegation contained in paragraphs 1-110, above.

112. As a legal and proximate result of Defendants' misconduct, Plaintiff
has been subjected to severe mental pain and suffering, all to his general
damage in an amount according to proof.

113. As a further legal and proximate result of Defendants' misconduct,
Plaintiff has incurred special damages in an amount according to proof.

114. The conduct of Defendants, and each of them, as herein above alleged,
was so vile, base, contemptible and loathsome that it would be looked down
upon and despised by ordinary, decent people.  Since, despite knowing the
Plaintiff placed special trust and confidence in them, Defendants have
acted and/or are continuing to act in furtherance of their own pecuniary
interests, and in disregard of Plaintiff's interests, their conduct
constitutes despicable conduct that has subjected Plaintiff to cruel and
unjust hardship; and, in so conducting themselves, Defendants have acted in
conscious disregard of Plaintiff's rights, resulting in oppression to
Plaintiff.

EIGHTH CAUSE OF ACTION
(Unfair Business Practices
Against All Defendants except Defendant Valle) 

115. Plaintiff refers to and incorporates herein by reference each and every
allegation contained in paragraphs 1-114, above.

116. In the course of the conduct by Defendants Church of Scientology
Buenaventura Mission, Celebrity Center International, Church of Scientology
Flag Land Base, Church of Scientology Religious Trust, Steiner, and/or
their authorized agents on behalf of the Enterprise of Scientology as
herein above alleged have violated a number of laws, including breaches of
"common law" duties, statutes prohibiting such conduct and a stipulation
that, upon information and belief, was entered into between the Founding
Church of Scientology and the United States Food and Drug Administration,
prohibiting the Enterprise of Scientology or its agents from representing
to its members or members of the public that use of an "E-meter" in
Scientology activities would give rise to medical benefits, including but
not limited to cures for physical ailments.  Defendants Jones and Haley
have violated rules of professional conduct which bind attorneys in their
dealings with Plaintiff.  Accordingly, said Defendants have engaged in
unfair and fraudulent business acts and practices as set forth in Business
and Professions Code section 17200. 

117. Therefore, this Court should issue an injunction prohibiting Defendants
and each of them from engaging in such unfair and fraudulent business acts
and practices, as set forth in Plaintiff's prayer for relief herein.

NINTH CAUSE OF ACTION
(Professional Malpractice
Against Defendants Haley, Jones and Valle)

118. Plaintiff refers to and incorporates herein by reference each and every
allegation contained in paragraphs 1-117, above.

119. Defendants Haley, Jones and Valle owed Plaintiff the duty to use such
skill, prudence, and diligence as other members of their professions
commonly possess and exercise.

120. In doing the things herein above alleged, said Defendants breached
their duties to Plaintiff by placing their pecuniary interests ahead of his
and thereby acting contrary to Plaintiff's best interests.

121. As a proximate and legal result of the acts of Defendants as herein
above alleged, Plaintiff has sustained actual damage in an amount according
to proof.

TENTH CAUSE OF ACTION
(Negligent Misrepresentation Against Defendants Church of Scientology
Mission of Buenaventura; Tom Steiner; Celebrity Centre International;
Church of Scientology Flag Land Base)

122.  Plaintiff refers to and incorporates herein by reference each and
every allegation contained in paragraphs1-31 and paragraphs 64 and 66. 

123.  Defendants' through their authorized agents, repeatedly represented to
Plaintiff that counseling by auditing was a safe counseling process for
Plaintiff to undergo and would not cause Plaintiff to suffer physical
reactions or emotional harm; that Plaintiff was an eligible candidate for
auditing under the governing policies of Scientology; that auditing was a
reliable, proven and efficient method of eliminating all of Plaintiff's
life problems including resolving Plaintiff's organic brain damage. 

124. Defendants representations as to auditing as set forth in paragraph 122
were not true and constituted misrepresentations of fact.  Plaintiff placed
great reliance on Defendants repeated representations as to auditing and
believed them to be true.

125. As a result of Plaintiffs belief in Defendants misrepresentations as to
auditing Plaintiff has suffered damages including but not limited to
spending hundreds of thousands of dollars on auditing, wasting hundreds if
not thousands of hours of time and experienced abnormal physical reactions
and effects, emotional distress and mental pain and anguish.

ELEVENTH CAUSE OF ACTION
(Rescission and Restitution Against Defendants Church of Scientology
Religious Trust; Church of Scientology Mission of Buenaventura; Church of
Scientology Flag Land Base; Church of Scientology and Celebrity Centre
International)

126.  Plaintiff refers to and incorporates herein by reference each and
every allegation contained in paragraphs 1-45 and paragraph 66 above.

127.  At various times from 1986 through 1997 Plaintiff was "regged" by
Defendants on a regular basis to contract to purchase various Scientology
services and to "donate" funds to Scientology entities.  

128. At the time Plaintiff and Defendants entered into the contracts to
purchase Scientology goods and services and to make donations to
Scientology entities, Plaintiff was a person of unsound mind, substantially
unable to manage his own financial resources to resist fraud or undue
influence.

129. On March 1, 1999, Plaintiff was adjudicated incompetent to handle his
own affairs by the order of the Superior Court of Ventura County in case
No. P 73699. 

130. Plaintiff has been damaged in that he parted with sums in an unknown
amount but estimated to be between $700,000 and $1,100,000.00 for
Scientology products, services and donations.  Said sums then represented
between one half and two thirds of his entire net worth.  The Scientology
services and products purchased by Plaintiff had absolutely no monetary
value to Plaintiff in his incompetent condition.

131. Plaintiff intends service of the complaint in this action to serve as
notice of rescission of the various contracts for the purchase of
Scientology goods and services and for the donation of sums to Scientology
entities.  Plaintiff hereby offers to return all considerations furnished
by Defendant under the various contracts, on condition that Defendants 
account to the Plaintiff for all consideration paid by the Plaintiff and
restore to Plaintiff the consideration furnished by him to Defendants as
well as interest on the sums Plaintiff paid as consideration from the date
received by Defendants.

TWELFTH CAUSE OF ACTION
(Constructive Trust and Order of Conveyance Against Defendant Church of
Scientology Religious Trust)

132. Plaintiff refers to and incorporates by reference each and every
allegation contained in paragraphs 1-45, paragraph 66 and paragraphs
126-131. 

133. In December 1991 Plaintiff was in possession of the sum of $100,000.  
As a portion of the consideration for the contract to purchase an interest
in jailhouse telephones as set forth in Exhibit "C" attached hereto
Plaintiff was prevailed on to transfer said sum of $100,000 to Defendant
Church of Scientology Religious Trust by Jim Hamre and Michael Zetner who
were acting as agents of the enterprise of Scientology and the Defendant
Church of Scientology Religious Trust.  Plaintiff transfer of the sum of
$100,000 to Defendant Church of Scientology Religious Trust was
accomplished by the exercise of fraud and undue influence on Plaintiff who
was of unsound mind.

134. Defendant Church of Scientology Religious Trust gained an unfair
advantage over Plaintiff who trusted in Defendants' agents as ethical
persons and believed that the transfer of funds was being effected as a
portion of his investment in a jailhouse telephone scheme that would
generate income to Plaintiff as promised by the Defendants' agents.

135. But for the fraud and undue influence exercised over Plaintiff,
Plaintiff would never have transferred said funds to Defendant.

136. By virtue of Defendants' acquisition and detention of Plaintiff's
property through undue influence and fraud as alleged above, Defendant
holds said $100,000 as a constructive trustee for Plaintiffs benefit.

WHEREFORE, Plaintiff prays as follows:

1. For general and special damages according to proof at trial;

2. For a permanent injunction prohibiting Defendants from engaging in the
practices as alleged and such other equitable remedies caused by these
practices;

3. For reasonable attorneys' fees pursuant to Welfare and Institutions Code
section 15657 and the applicable provisions of the Business and Professions
Code;

4. For punitive damages against Defendants Steiner, Haley, Jones and Valle. 
Plaintiff will seek leave of court to allege punitive damages, pursuant to
C.C.P.  425.14 against Defendants Church of Scientology Mission of
Buenaventura, Church of Scientology Celebrity Centre, World Institute of
Scientology Enterprises, Church of Scientology Flag Land Base, also known
as Flag Service Organization and Church of Scientology Religious Trust;

5. For an award of treble damages pursuant to C.C.P.  3345. 

6. For an order that Defendant Church of Scientology Religious Trust hold
the sum of $100,000 in trust for the Plaintiff;

7. For an order-compelling Defendant Church of Scientology Religious Trust
to return to Plaintiff the sum of $100,000;

8. For an order that all contracts entered into between Plaintiff and
Defendants Church of Scientology Religious Trust; Church of Scientology
Mission of Buenaventura; Church of Scientology Flag Land Base and Church of
Scientology Celebrity Centre International for the donation of funds to
Scientology entities or the purchase of Scientology goods and services be
rescinded;

9. That Defendants Church of Scientology Religious Trust; Church of
Scientology Mission of Buenaventura; Church of Scientology Flag land Base
and Church of Scientology Celebrity Centre international be ordered to
account to Plaintiff for all sums received from Plaintiff for donations to
Scientology or the purchase of Scientology goods and services;

10. That Defendants Church of Scientology Religious Trust; Church of
Scientology Mission of Buenaventura; Church of Scientology Flag Land Base;
and Church of Scientology Celebrity Centre International be ordered to pay
to Plaintiff the total amount paid by Plaintiff to said Defendants plus
interest for the purchase of Scientology goods and services and donations
to Scientology entities;

11. For civil penalties pursuant to Business and Professions Code section
17206.1;

12. For Interest on damages pursuant to Civil Code sections 3287 and 3288;

13. For costs of suit herein; and,

14. For such other or further relief as the Court may deem proper.

DATED: May 26, 1999
LEIPOLD, DONOHUE & SHIPE, LLP

By:______________________
DANIEL A. LEIPOLD
Attorneys for Plaintiff,
RAUL LOPEZ, by and through 
his Guardian ad Litem ALICIA LOPEZ


HUB LAW OFFICES



By:______________________
FORD GREENE
Attorneys for Plaintiff,
RAUL LOPEZ, by and through 
his Guardian ad Litem ALICIA LOPEZ


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