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MOTION TO QUASH AND JOINDER
67512977v1
JEFFER MANGELS BUTLER & MITCHELL LLP ROBERT E. MANGELS (Bar No. 48291)
rmangels@jmbm.com
MATTHEW D. HINKS (Bar No. 200750)
mhinks@jmbm.com
1900 Avenue of the Stars, 7th Floor Los Angeles, California 90067-4308 Telephone: (310) 203-8080 Facsimile: (310) 203-0567 Attorneys for Specially Appearing Defendant RELIGIOUS TECHNOLOGY CENTER SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF LOS ANGELES, CENTRAL DISTRICT CHRISSIE CARNEL BIXLER; CEDRIC BIXLER-ZAVALA; JANE DOE #1; MARIE BOBETTE RIALES; and JANE DOE #2, Plaintiffs, v. CHURCH OF SCIENTOLOGY INTERNATIONAL; RELIGIOUS TECHNOLOGY CENTER; CHURCH OF SCIENTOLOGY CELEBRITY CENTRE INTERNATIONAL; DAVID MISCAVIGE; DANIEL MASTERSON; and DOES 1-25, Defendants. CASE NO. 19STCV29458 [Assigned to Hon. Steven J. Kleifield, Dept. 57]
SPECIAL APPEARANCE SPECIALLY APPEARING DEFENDANT RELIGIOUS TECHNOLOGY CENTER’S AMENDED NOTICE OF MOTION AND MOTION TO QUASH SERVICE OF SUMMONS AND FOR SANCTIONS UNDER CODE OF CIVIL PROCEDURE § 128.5; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT NOTICE OF JOINDER AND JOINDER IN MOTIONS OF SPECIALLY-APPEARING DEFENDANTS CHURCH OF SCIENTOLOGY INTERNATIONAL AND CELEBRITY CENTRE INTERNATIONAL FOR SANCTIONS
Date: February 5, 2020 Time: 8:30 a.m. Dept.: 57
Reservation ID: 241920457728
Electronically FILED by Superior Court of California, County of Los Angeles on 11/20/2019 10:53 AM Sherri R. Carter, Executive Officer/Clerk of Court, by K. Hung,Deputy Clerk
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MOTION TO QUASH AND JOINDER
67512977v1
TO ALL PARTIES AND THEIR COUNSEL OF RECORD: PLEASE TAKE NOTICE
that on February 5, 2020, at 8:30 a.m., or as soon thereafter as counsel shall be heard, in Department 57 of the Superior Court for the State of California for the County of Los Angeles, located at 111 N. Hill Street, Los Angeles, California, 90012, specially-appearing Defendant Religious Technology Center (“RTC”) will specially appear and move the Court for an order quashing the purported service of the summons and complaint upon it.
1
The motion is made pursuant to Code of Civil Procedure § 418.10 on the grounds that the Court lacks jurisdiction over RTC in that RTC was never properly served with the summons and complaint in this matter.
PLEASE TAKE FURTHER NOTICE THAT
RTC will and hereby does join in the motions of Church of Scientology International (“CSI”) and Celebrity Centre International (“CC”) to impose sanctions against Plaintiffs and their attorneys by striking the appearance of the out-of-state attorneys and refusing to admit them
pro hac vice
, and by ordering that they pay $1,500 to the Court under California Code of Civil Procedure § 177.5 for violations of court orders. This motion and joinder is made upon this notice, the attached memorandum of points and authorities, the declarations of Warren McShane, Matthew D. Hinks, Lynn Farny, William H. Forman and Lewis Miranda, all pleadings and documents on file in this action, such further papers and authorities as may be filed in support hereof, and oral argument as may be presented at the hearing on the motion. DATED: November 20, 2019 JEFFER MANGELS BUTLER & MITCHELL LLP ROBERT E. MANGELS MATTHEW D. HINKS By: MATTHEW D. HINKS Attorneys for Specially Appearing Defendant RELIGIOUS TECHNOLOGY CENTER
1
RTC’s original motion was filed on November 18, 2019, but inadvertently omitted Exhibit A. This amended motion makes no changes other than including the cited exhibit.
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MOTION TO QUASH AND JOINDER
67512977v1
I.INTRODUCTION
Religious Technology Center (“RTC”) specially appears and brings this motion to quash the purported service upon RTC of the summons and complaint filed in this action. As with the alleged service on co-defendants Church of Scientology International (“CSI”) and Celebrity Centre International (“CC”), Plaintiffs failed to properly serve the summons and complaint upon RTC in compliance with the Code of Civil Procedure. The many ways in which Plaintiffs failed to comply with the service statutes are described below. But making matters worse, after failing to comply with the Code of Civil Procedure, Plaintiffs filed a false proof of service and declaration of mailing as part and parcel of a group of proofs of service upon all named defendants in this matter that are unquestionably fraudulent. Plaintiffs’ fraud occurs within the context of a pattern of abuses and failures to comply with Court orders and the California Rules of Court that are described in the motions of CC and CSI in which RTC joins and agrees. For the all of the reasons set forth below and in the CSI and CC motions, RTC submits that the Court should grant this motion and joinder, quash the defective service of the summons and complaint upon RTC, impose monetary sanctions upon Plaintiffs, and bar Plaintiffs’ improperly-appearing out-of-state lawyers from further participating in these proceedings.
II.FACTUAL BACKGROUND
Plaintiffs filed this lawsuit on August 22, 2019. [Declaration of Matthew D. Hinks (“Hinks Decl.”) ¶ 2.] Plaintiffs allege in their complaint causes of action for alleged stalking, invasion of privacy infliction of emotional distress and loss of consortium. [
Id.
] However, Plaintiffs’ complaint makes no specific allegations of wrongdoing against RTC. [
Id.
] On October 10, 2019, Plaintiffs purported to serve RTC by dropping off a copy of the summons and complaint with Lewis Miranda, the receptionist at the headquarters of defendant Church of Scientology International (“CSI”) at 6331 Hollywood Boulevard, Los Angeles. [Hinks Decl., Exh. A.] However, RTC’s office address is not 6331 Hollywood Boulevard, it is 1710 Ivar Avenue. [Declaration of Warren McShane (“McShane Decl.”) ¶ 3.] RTC’s office address is listed with the California Secretary State and can be identified by a simple search on the Secretary of State’s website. [
Id.
] Plaintiffs are well aware of RTC’s office address since it is identified in their