GRAHAM E. BERRY, vs. ROBERT J. CIPRIANO, et al.
ROBERT J. CIPRIANO
c/o GRAHAM E. BERRY (SBN 128503)
LAW OFFICES OF GRAHAM E. BERRY
1223 Wilshire Boulevard
Box 1028
Santa Monica, California 90403
Telephone: (310) 395-4800
Facsimile: (310) 393-4507
Plaintiff Pro Per
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES
GRAHAM E. BERRY,
Plaintiff,
vs.
ROBERT J. CIPRIANO, et al.,
Defendants.
______________________________________
AND CONSOLIDATED CASES
______________________________________
Case No. BC 184 355
186 168
196 402
JOINDER AND OPPOSITION OF DEFENDANT ROBERT J. CIPRIANO IN SUPPORT OF
PLAINTIFF GRAHAM E. BERRY'S OPPOSITION TO PETITION TO FIND GRAHAM E.
BERRY TO BE A VEXATIOUS LITIGANT; REQUEST FOR CONTINUANCE OF HEARING
Date: August 20, 1999
Time: 8:30 a.m.
Dept: 35
Discovery Cutoff: None
Motion Cutoff: None
Trial Date: None
TO THE HONORABLE COURT AND TO ALL COUNSEL OF RECORD:
Defendant ROBERT J. CIPRIANO hereby files this Joinder in Support
of Plaintiff's Opposition to Petition to Find Graham E. Berry to
be a Vexatious Litigant.
This Joinder in Support of Plaintiff's Opposition is based upon
Plaintiff's Opposition papers and the Declaration of Robert J.
Cipriano and Exhibits attached hereto.
This Joinder is also supported by the motion Plaintiff will file
prior to the hearing herein for: (1) an order to show cause why
the named Defendants and their counsel herein should not be held
in contempt; (2) sanctions pursuant to C.C.P. §§ 128.5 and 128.7,
including monetary sanctions, evidentiary sanctions, and
terminating sanctions; (3) vacation of all pleadings and papers
filed by the named Defendants and the orders issued herein as a
result thereof; (4) disqualification of all counsel for the named
Defendants herein; (5) request for referral of the relevant
matters to the United States Attorney, the District Attorney and
the California State Bar.
This opposition is further based upon the declaration and exhibits
attached hereto as Exhibit "A".
As set forth in paragraph 3 of my declaration, dated July 13,
1999, and attached hereto as Exhibit "A", I am terrified of what
Eugene Ingram and Kendrick Moxon and others involved with the
Church of Scientology may do to me, as soon as they are aware of
my truthful testimony herein. Accordingly, I have delayed filing
this opposition and Joinder until more appropriate arrangements
can be made for my personal security and safety, and my
cooperation with law enforcement authorities in connection with
Defendants and their counsel's criminal conduct as set forth in my
declaration and exhibits attached hereto as Exhibit "A".
Accordingly, I request that the hearing on my former counsel's
petition to find Graham E. Berry to be a vexatious litigant be
continued until such time as it can be
determined concurrently with Plaintiff's soon to be filed motion for
an order to show cause re contempt, as set forth above.
DATED: August 12, 1999 Respectfully Submitted By:
__________________________
ROBERT J. CIPRIANO
Defendant Pro Per
PROOF OF SERVICE
STATE OF CALIFORNIA )
) ss.
COUNTY OF LOS ANGELES )
I am employed in the County of Los Angeles, State of California.
I am over the age of 18 and not a party to the within action; my
business address is 1223 Wilshire Boulevard, Box 1028, Santa
Monica, California 90403/
On August 11, 1999 I served the foregoing document described as
JOINDER AND OPPOSITION OF DEFENDANT ROBERT J. CIPRIANO IN SUPPORT
OF PLAINTIFF GRAHAM E. BERRY'S OPPOSITION TO PETITION TO FIND
GRAHAM E. BERRY TO BE A VEXATIOUS LITIGANT , on interested parties
in this action by placing true copies thereof, enclosed in sealed
envelopes, addressed and distributed as follows:
[SEE ATTACHED SERVICE LIST]
[] By Facsimile: I served the above described document(s) to the
interested parties listed on the attached Service List herein. A copy
of the transmission confirmation report(s) are attached hereto.
[XX] By Mail: I am readily familiar with the firm's practice of
collection and processing of correspondence for mailing. Under that
practice it would be deposited with the U.S. Postal Service on that
same day with postage fully paid at Los Angeles, California in the
ordinary course of business. I am aware that on motion of party
served, service is presumed invalid if postal cancellation date or
postage meter date is more than one day after date of deposit for
mailing affidavit.
[] State. I declare under penalty of perjury, under the laws of
the State of California, that the above is true and correct.
Executed this 11th day of August, 1999, at Los Angeles,
California.
SCOTT A. MAYER _________________________
TYPE OR PRINT Scott A. Mayer
SERVICE LIST
Berry v. Miscavige, et al.
LASC Consolidated Case Nos.
BC 184355, 186168 and 196402
Kendrick L. Moxon, Esq.
Helena Kobrin, Esq.
Moxon & Kobrin
6255 Sunset Boulevard, #2000
Los Angeles, CA 90028-6329
Fax: (323) 993-4436
Monique E. Yingling
Zuckert, Scoutt & Rasenberger LLP
888 17th Street NW
Washington, D.C. 20006-3309
Michael Turrill, Esq.
Paul, Hastings, Janofsky & Walker LLP
555 South Flower St., 23rd Floor
Los Angeles, CA 90071-2371
Fax: (213) 627-0705
Elliot J. Abelson
8491 Sunset Blvd., Suite 1100
Los Angeles, CA 90069-1911
David Chodos, Esq.
James Martin, Esq
Simke Chodos
1880 Century Park East, #1511
Los Angeles, CA 90067
Fax: (310) 203-3866
William T. Drescher
23679 Calabasas Road, Suite 338
Calabasas, CA 91302
Samuel D. Rosen, Esq.
Paul, Hastings, Janofsky & Walker LLP
399 Park Avenue, 31st Floor
New York, NY 10022