CAUSE NO.

C2013-1082B

MONIQUE RATHBUN
Plaintiff,

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IN THE DISTRICT COURT

VS.

DAVID MISCAVIGE, RELIGIOUS
TECHNOLOGY CENTER, CHURCH OF SCIENTOLOGY INTERNATIONAL, STEVEN GREGORY SLOAT, and MONTY DRAKE,

207^" JUDICIAL DISTRICT

Defendants.

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COMAL COUNTY, TEXAS

DECLARATION OF WARREN McSHANE IN SUPPORT OF RELIGIOUS TECHNOLOGY CENTER^S SPECIAL APPEARANCE

My name is Warren McShane, my date of birth is February 28, 1951, and my address is

1710 Ivar Ave. Los Angeles, California 90028.

1.

Religious Technology Center ("RTC") is a religious non-profit California

corporation that is tax exempt under IRC § 501(c)(3). RTC is located at 1710 Ivar Ave., Suite 1100, Los Angeles, CA. RTC holds the ultimate ecclesiastical authority regarding the pure

application of the Scientology Scripture and is the final arbiter of orthodoxy.

Church of

Scientology International, the mother church, is responsible for the overall ecclesiastical management, dissemination, propagation and defense of the Scientology religion and the various
Scientology Churches.
2. In 1983, I became a Director and Officer of RTC and in 1993 I became its

President. I am the custodian of the RTC records and am responsible for the operation of RTC

including the creation and execution of all legal agreements and contracts both internally and
externally. I am responsible for the day-to-day activities and functions of RTC and its staff

3.

RTC does not conduct any business or operate in the state of Texas, nor does any

of its staff. RTC has not contracted with any Texas residents. RTC has not committed a tort in

whole or in part in Texas. RTC has not recruited Texas residents, directly or through an
intermediary located in Texas, for any staff position with RTC inside or outside Texas. 4. RTC does not have "continuing and systematic contacts purposefully directed

toward Texas." RTC has not made any purposeful contacts with the state of Texas seeking any

benefit, advantage, or profit, and has not otherwise availed itself of the benefits and protection of
Texas law. RTC has never expressly or impliedly consented to the laws of the state of Texas, with one exception. RTC filed one lawsuit in the state of Texas in 2002. It sued Dell Liebreich,
a Texas resident, and the Estate of Lisa McPherson in Tyler, Texas in Federal Court for breach of
contract. Dell Liebreich was dismissed as an individual and the Estate was dismissed on appeal

when the 5^ Circuit Court of Appeals determined that it did not have jurisdiction over a Florida
estate even though the personal representative lived in Texas.
5. RTC is not a resident of the state of Texas and is not required to maintain and

does not maintain a registered agent for service of process in the state of Texas. RTC has no real

or personal property in Texas. RTC does not and never has maintained an office or place of
business in Texas and does not and never has maintained a mailing address or telephone listing

in Texas. RTC does not and never has maintained any bank accounts in Texas. RTC does not

now nor has it ever maintained a place of operations in Texas. RTC does not have any officers,
directors, employees, staff, servants, or agents in Texas.
6. Plaintiffs Petition contains claims that do not relate to or arise out of any contacts

between RTC and Texas. There is no relationship between RTC, the operative facts of this
litigation and the state of Texas.

7.

Until I read the Petition, neither I nor anyone else in RTC had knowledge of

defendants Mr.Sloat's or Mr. Drake's alleged activities related to Ms. Rathbun. I am the one who

is responsible for all external affairs matters for RTC including litigation and I am the person in
RTC who would receive information related to such matters. Thus I know that no one in RTC

has information, directly or indirectly, related to the allegations in the Petition and no one in
RTC was involved in the hiring, directing, instructing or communicating with Mr. Sloat or Mr. Drake or anyone else relating to the allegations asserted in this lawsuit.
8. I also read the Affidavit of Ms. Rathbun filed in support of the temporary

restraining order. Nowhere in the sixteen paragraphs of her Affidavit does Ms. Rathbun allege
anything about RTC and in fact she doesn't even mention RTC.

I declare under the penalties of perjury of the states of Texas and California that the
foregoing is true and correct.

Executed inthe United States ofAmerica, state of California onthe 29^day ofAugust,
2013.

Warren McShane