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NOTICE OF MOTION AND MOTION FOR SANCTIONS; CAL. CIV. PROC. CODE § 128.7

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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 Defendant RELIGIOUS TECHNOLOGY CENTER SCHEPER KIM & HARRIS LLP WILLIAM H. FORMAN (Bar No. 150477)

wforman@scheperkim.com

DAVID C. SCHEPER (Bar No. 120174)

dscheper@scheperkim.com

MARGARET E. DAYTON (Bar No. 274353)

pdayton@scheperkim.com

800 West Sixth Street, 18th Floor Los Angeles, California 90017-2701 Telephone: (213) 613-4655 Facsimile: (213) 613-4656 Attorneys for Defendant CHURCH OF SCIENTOLOGY INTERNATIONAL SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF LOS ANGELES, CENTRAL DISTRICT VALERIE HANEY, Plaintiff, v. CHURCH OF SCIENTOLOGY INTERNATIONAL; RELIGIOUS TECHNOLOGY CENTER; and DAVID MISCAVIGE; and DOES 1-25, Defendants. Case No. 19STCV21210 [Assigned for all purposes to Hon. Richard J. Burdge, Jr., Department 37]

NOTICE OF MOTION AND MOTION OF DEFENDANTS RELIGIOUS TECHNOLOGY CENTER AND CHURCH OF SCIENTOLOGY INTERNATIONAL FOR SANCTIONS PURSUANT TO CODE OF CIVIL PROCEDURE § 128.7; DECLARATIONS OF MATTHEW D. HINKS AND WILLIAM H. FORMAN IN SUPPORT

Date: TBD Time: TBD Dept.: 37 Action filed: June 18, 2019 Trial date: N/A

8:30 a.m.

RESERVATION ID 156144050581

January 14, 2021

Electronically FILED by Superior Court of California, County of Los Angeles on 07/20/2020 01:25 PM Sherri R. Carter, Executive Officer/Clerk of Court, by K. Hung,Deputy Clerk

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TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE

that on a date and time to be determined

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or as soon thereafter as this matter may be heard in Department 37 of the above-entitled Court, located at 111 N. Hill Street, Los Angeles, California 90012, Defendants Religious Technology Center (“RTC”) and Church of Scientology International (“CSI” and collectively with RTC, the “Defendants”) will and hereby do move the Court for an Order imposing monetary sanctions jointly and severally on Plaintiff Valerie Haney, her counsel Robert M. Thompson, and Mr. Thompson’s law firm, Thompson Law Offices, P.C.,

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pursuant to Cal. Civ. Proc. Code § 128.7 in the amount of $160,220 for (1) reasonable attorney’s fees and costs incurred and anticipated to be incurred by Defendants in connection with opposing Plaintiff’s meritless motion for reconsideration; and (2) reasonable attorney’s fees and costs incurred and anticipated to be incurred by Defendants for filing and arguing this motion to address Plaintiff’s violation of Cal. Civ. Proc. Code § 128.7. This motion is based upon the following grounds: on March 3, 2020, Plaintiff filed in this action a motion for reconsideration of this Court’s January 30, 2020 ruling granting the motions of Defendants to compel religious arbitration. The claims, defenses, and other legal contentions made in Plaintiff’s motion for reconsideration are not warranted by existing law or by a nonfrivolous argument for the extension, modification, or reversal of existing law or the establishment of new law. Cal. Civ. Proc. Code § 128.7(b)(2). Moreover, the allegations and other factual contentions of Plaintiff’s motion for reconsideration do not have evidentiary support. Cal. Civ. Proc. Code § 128.7(b)(3). In addition, Plaintiff’s motion for reconsideration violates the requirements of Cal. Civ. Proc. Code § 1008 for motions for reconsideration and is therefore sanctionable under Cal. Civ. Proc. Code § 1008(d).

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Due to the COVID-19 orders in place, it is not currently possible for Defendants to reserve a hearing date for this motion. Defendants understand that the Court will select a hearing date and request that this motion be set for August 11, 2020 at 1:30 p.m. to be heard concurrently with Plaintiff’s motion for reconsideration.

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Sanctions may be awarded against Plaintiff Valerie Haney if this Court finds a violation of Cal. Civ. Proc. Code § 128.7(b)(3). If the Court finds only a violation of Cal. Civ. Proc. Code § 128.7(b)(2), then sanctions should be awarded against Plaintiff’s counsel.

Seeid.

§ 128.7(d)(1).

January 14, 2021, at 8:30 a.m.

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Prior to filing this motion, Defendants complied with Cal. Civ. Proc. Code § 128.7(c)(1) by personally delivering this motion to Plaintiff’s counsel of record on June 25, 2020. The facts supporting Defendants’ compliance with Code of Civil Procedure § 128.7(c)(1) are set forth in the accompanying Declaration of Matthew D. Hinks. This motion is based upon this notice of motion and motion, the attached memorandum of points and authorities; the declarations of Matthew D. Hinks and William H. Forman

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filed herewith; Defendants’ opposition to Plaintiff’s motion for reconsideration, including the declarations of William H. Forman, Lynn R. Farny, Deidre Assam, Gary S. Soter, and Michael Sutter, filed in connection with Defendants’ opposition to the motion for reconsideration; the [proposed] order submitted herewith; the case files herein; and such other evidence and argument as may be permitted at the hearing on this matter. Dated: June 25 2020 JEFFER MANGELS BUTLER & MITCHELL LLP By:_________________________________ MATTHEW D. HINKS Attorneys for Defendant RELIGIOUS TECHNOLOGY CENTER SCHEPER KIM & HARRIS LLP By:_________________________________ WILLIAM H. FORMAN Attorneys for Defendant CHURCH OF SCIENTOLOGY INTERNATIONAL

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Defendants use the abbreviation, “Forman 128.7 Decl.” to refer to the attached Declaration of William H. Forman. The Declaration of William H. Forman filed with Defendants’ opposition to Plaintiff’s motion for reconsideration is referred to herein as the, “Forman Decl.”.