|AUGUST 2010 - Graham has lost his first round and the case has gone to appeal. The judge agreed with Moxon, whose argument is "So what if I had him declared a vexatious litigant illegally, all that matters now is I got it done." The judge knew that the case would be automatically appealed. Siding with Graham would bring the wrath of Scientology. Siding with Scientology will bring the wrath of nothing at all. You decide that's my holy opinion. Docs soon. According to Graham another major problem was the court clerk, who was very one sided and has a history in all this. After the verdict he actually went outside and huddled with Kendrick Moxon. Where is this train headed? Parallel tracks.
|JUNE 17 - Moxon's deposition by Graham Berry lasted several hours but Moxon refused to cooperate and could not even recall if he had been an FBI co-conspirator in "USA v. Hubbard." Lawyer Berry must now go back to the judge and get a Motion to Compel.
|Moxon hires lawyer, schedules his deposition for June. Will attorney/client privilege be waived?
|BERRY ALSO GOES EX PARTE
Ex Parte Restoration Application
April 13, 2010. Graham tries to restore Moxon's ex parte to the calendar and continue or stay the hearing on Moxon's motion for summary judgment. Most important he attempts to force Moxon to be deposed, something that has never happened. The judge is wondering why this is not happening. THREE EXHIBITS: 1 - Email notice to Moxon of Ex Parte Application, 2 - Moxon's email response, 3 - Moxon email, Notice of Court Ruling, 03/22/2010 court minutes.
Declarations of Barry van Sickle and Graham Berry
Declarations re: the above document.
Order to Compel Moxon's Deposition (proposed)
April 14, 2010. If a judge signs this document Moxon will have to attend deposition.
Moxon Motion for Summary Judgment
Moxon tries again to just get his summary judgment and avoid everything else, especially being deposed.
Moxon Statement of Undisputed Material Facts in Support of Motion for
Moxon lists the facts in the case and awaits the opposition's response and supoporting evidence.
|MOXON GOES EX PARTE - GRAHAM BERRY'S COMMENTS HERE
Kendrick Moxon Ex Parte Application for Order Staying Cross-Complaint
Ex Parte documents are treated as a legal "emergency." Which is what Scientology Lawyer Kendrick Moxon had on his hands when at 8:30 AM Monday 3/22 he filed this attempt to stop Graham Berry from deposing him.
Kendrick Moxon Declaration in Supportof Ex Parte Application
Tab E - Robert Jeavons v.Church of Scientology, Tab F - Order Finding Graham Berry Vexatious, Tab G- Transcript Graham Berry V. Robert Cipriano, Tab H - CA State Bar Suspension of Graham Berry
Graham Berry's Opposition to Ex Parte Application by Kendrick Moxon
Memo of points and authorities, introduction, Summary, Declaration of Graham Berry, Exhibit A - Cross Defendant's Opposition to to Request for Finding of Contempt, Exhibit B - Judge William F. Fahey Denial of Request, Exhibit C - GB Revised Reply in Support of Request to File New Litigation,
Berry Opposition to Contempt Request
Graham states that because fellow lawyer Barry Van Sickle is also on the case he is not in contempt for the reasons Moxon alleges.
Motion to Compel Moxon Deposition & Waive Privilege Part A
Graham argues that the legal laundry list of evil Moxon has done over the years is in evidence. Therefore Moxon should be compelled to be deposed. This has never happened before to Moxon. Also, he would be unable to claim attorney/client privilege. Memo of Points & Authorities, Plaintiff Moxon refused to attend his noticed deposition & should be ordered to attend & produce, Crime fraud exception to attorney client privilege applies, attorney client privilege has been waived, info sought is relevant to impeachment, Conclusion, Declaration of Graham Berry
VEXATIOUS LITIGANT: A legal harasshole.
In a sham maneuver in 1999 Moxon had my lawyer Graham Berry wrongly declared a vexatious litigant. He declared bankruptcy but still owed the cult thousands of dollars plus interest over the years. None of it has been repaid. Why? Because Moxon has resisted Berry's efforts to pay -- preferring to keep him in debtor's prison. The statute of limitations is about to expire on this order, freeing Graham from the shackles of cult financial oversight.
To prevent this Moxon has filed a Complaint to Enforce Judgment to extend the judgment by ten more years. While this might make sense in a "fair game" harassment way it has also allowed Mr. Berry to sue right back. Berry is an openly gay man Moxon ironically and wrongfully had a "friendly judge" designate a "vexatious litigant." Now witnesses have recanted their stories and Berry has the opportunity to strike back and finally expose one of the darkest episodes in the history of the Los Angeles Superior Court. Now he has the right to demand all kinds of information, to show how corrupt the original proceeding was. get Moxon prosecuted and cause repercussions to the Church's tax exempt status with the IRS.
Mr. Moxon, by contrast, is a deeply religious and heterosexual family man who does not even take aspirin. His faith in the Church of Scientology has helped him get through tough periods. Like when his daughter committed suicide to escape the cult. Or when he tried to coerce a family member to abort his own granddaughter. Has he gone too far this time in harassing Graham Berry? Does cult leader David Miscavige realize the legal door Moxon has just opened? After Graham filed his original answer pro se, along with a request to file new litigation and a cross-complaint challenging Moxon’s order, Mr. Moxon took the bait and filed an opposition and request for Graham to be held in contempt and referred to the State Bar for challenging his orders obtained with some of the worst legal corruption in the history of the State of California if not the entire United States. In California, an answering defendant may file an amended answer without the court’s permission any time before the plaintiff files a responsive pleading against the answer and any cross-complaint. After Mr. Moxon sprung the trap, Graham filed a new answer to Moxon’s original complaint, a much revised and more potent cross-complaint, and an introduction tying the underlying cases together. Barry Van Sickle has signed off on the cross-complaint (and other lawyers have also offered to join the masthead). Now Mr. Moxon has to face Mr. Berry. Round one was a draw and checkmate.
The next move is Mr. Moxon’s and anything he does now is fraught with professional danger and potential criminal consequences. He can't even attend his own deposition without invoking the Fifth Amendment privilege against self-incrimination. He cannot respond to the verified cross-complaint with a denial under oath, and he certainly can't admit very much of it. Several ex federal prosecutors have told GB that if Moxon was really smart and well-advised he would do absolutely nothing more in the Moxon v. Berry case. He would allow Berry to enter default judgments and allow him to have the case dismissed, perhaps after agreeing to waive any appeal rights that may remain in exchange for a waiver of the $355.00 in court costs Graham has so far paid. Although Moxon would lose his case he would probably keep his law license. If he goes ahead with his usual “attack and never defend” strategy there is a strong chance he will put his law license and liberty in major jeopardy. This may endanger David Miscavige, Mike Rinder, Elliot Abelson, Eugene Ingram and Ava Paquette too. However, it's more likely they will demonstrate the same arrogance that they have in the past and forge ahead, for the sake of a chance at getting $60,000 from a judgment proof defendant. Ah, the noble clash of justice against corruption, evil and greed. Fair play against fair game!
"This could be the beginning of the end of Scientology" Berry commented to me recently. "A dozen people, DM, Moxon and Ingram included, could go to federal prison if you quickly get this monster and potentially fatal scandal out there in the press and into the FBI, IRS and DoJ so fast that Scientology cannot "handle" it and law enforcement cannot continue just "investigating" it. We want indictments, trials and punishment.." Some large documents have been broken into parts because of bandwidth and other issues. These elaborate case documents and their ramifications for Scientology and it's tax exemption can be hard for the layman to understand. I hope this webpage begins to sort things out.
These were filed by Moxon alone, not the Church of Scientology and its other lawyers or front groups. Moxon seems to be in this one by himself. First he made a complaint to enforce judgment and briefly reviewed the factual allegations of the case. Then he asked for a ten year extension. Graham Berry answered with a lawsuit of his own. So Moxon responded with a cross complaint (I bet he was cross!). It is posted below along with multiple exhibits. Some exhibits are duplicated in Graham Berry's section.
|Kendrick Moxon Complaint & Exhibits
|Scientologist and lawyer Kendrick Moxon reviews the old case, asking the judge to extend the judgment by ten years in the amount of $48,276. Four exhibits: A - Pattinson v. Scientology Award of Costs, Expenses & Attorney Fees 1999, B - Appellate Rejection, C - Debtor Voluntary Petition, D - Final Judgment of Nondischargeablility. It worked before. Can he extend it to work again?
|Moxon_Opposition Cross Complaint Exhibits A_C
|Lawyer and Scientologist Kendrick Moxon addresses cross-complaint, give declaration, Exhibit A - Berry v Rosen Award of $2,500, Exhibit B - Pattinson v Scientology et al, Exhibit C - Pattinson v Scientology Motion for Rule 11 Sanctions
|Moxon Opposition Cross Complaint Exhibits_D_I
|Scientologist Kendrick Moxon's Part III Exhibit D- Pattinson v Scientology Moxon Request for Sanctions, E - Pattinson v Scientology Award of Costs, F - Appeal Dismissal, G - Scientology Awarded $12,500, Jeavons v Scientology awarded $3,023, I - Berry v Glenn Barton Discovery Referee Hearing
|Scientology Lawyer Kendrick Moxon's Part III Exhibit J - Order Finding Graham Berry Vexatious, K - Transcript of Proceedings in Berry v Cipriano 1999, L - Order Approving Berry Suspension, M - Berry Deposition Notice to Moxon
|Kendrick Moxon Contempt Request Against Graham Berry
|Moxon files a Request for Finding of Contempt Against Graham Berry for Filing Amended Cross-Complaint. Charges Graham with filing his cross-complaint before the court allowed him to, not withdrawing it, and amending it to make it even longer. He is attempting to re-try many previous cases that are ten years old. This document appears to have errors. It appears Moxon no longer even reads the sections he cites, which only apply to the pro se and not the represented, which Graham is now.
|Kendrick Moxon Ex Parte Application for Order Staying Cross-Complaint
|Ex Parte documents are treated as a legal "emergency." Which is what Scientology Lawyer Kendrick Moxon had on his hands when at 8:30 AM Monday 3/22 he filed this attempt to stop Graham Berry from deposing him.
|Kendrick Moxon Declaration in Supportof Ex Parte Application
|Tab E - Robert Jeavons v.Church of Scientology, Tab F - Order Finding Graham Berry Vexatious, Tab G- Transcript Graham Berry V. Robert Cipriano, Tab H - CA State Bar Suspension of Graham Berry
Moxon Motion for Summary Judgment
|Moxon tries again to just get his summary judgment and avoid everything else, especially being deposed.
|Moxon Statement of Undisputed Material Facts in Support of Motion for Summary Judgment
|Moxon lists the facts in the case and awaits the opposition's response and supoporting evidence.
After Kendrick Moxon sued Graham he sued right back. Cross-complaining it's called. Then Moxon responded with his opposition cross-complaint (posted above). Now Berry has responded with his First Amended Answer below. The exhibits completely detail the original career-ending allegations made against Graham, the witnesses recanting their testimony, and the paper trail of payoffs, cars and fake charities that paid for it all.
|Graham Berry's Opposition to Ex Parte Application by Kendrick Moxon
|Memo of points and authorities, introduction, Summary, Declaration of Graham Berry, Exhibit A - Cross Defendant's Opposition to to Request for Finding of Contempt, Exhibit B - Judge William F. Fahey Denial of Request, Exhibit C - GB Revised Reply in Support of Request to File New Litigation,
|Graham Berry First Amended Answer & Cross Complaint
|Unverified Answer & Verified Compulsory Cross-Complaint to set aside orders and judgments - Filed 03/09/2010. Exhibit A - Recent fair gaming of Berry by Moxon to Australian national media on or abuot 02/15/2010, including a list of fees assessed against Berry, Order finding GB vexatious, Article LA Daily Journal 2002 Disciplinary Action, Berry Law Suspension 2002.
|Graham Berry Cross Complaint
|Original Unverified Answer & Verified Compulsory Cross-Complaint to set aside orders and judgments - Filed 01/05/2010. Graham lists 36 pages of reasons why this should not go forward. Twelve affirmative defenses, Cause of action.
|Appendix 1 - Part 1 - Privilege Motion Memo of Law
|Defendant Graham E. Berry's brief re: Plaintiff's claims of privilege in Hurtado case. Crime and fraud by Moxon.
|Appendix 1 - Part 2 - Cipriano Deposition Extracts
|Deposition of Robert J. Cipriano from 2000. Moxon cross examines his former client.
|Appendix 1 - Part 3 - Cipriano Deposition Extracts
|Deposition of Robert J. Cipriano from 2000. Cipriano accuses Moxon of felonies.
|Appendix 1 - Part 4 - Cipriano Deposition Extracts
|Deposition of Robert J. Cipriano from 2000. Cipriano accuses Moxon of frauds.
|Appendix 1 - Part 5 - Cipriano Deposition Extracts
|Deposition of Robert J. Cipriano from 2000. Cipriano recants his accusations against Graham Berry as outlined in the next document (Appendix 1 Part 6)..
|Appendix 1 - Part 6 - Cipriano Deposition Exhibits
|Cipriano accuses Berry of child molestation, hiring underage Gay boys to work at his law firm and paying them with cocaine, taking young boys to the Gay sex bar "Anvil," and attending Studio 54 which was 'half Gay.' In the above doc (Appendix 1 Part 5) Cipriano recants this testimony, saying it was created by Moxon's private investigator.
|Appendix 1 - Part 7 - Graham Berry Deposition Extracts
|1998 Deposition by Berry regarding his legal activities and pro bono work. Moxon took this testimony and solicited Berry's then client, Mr. Hurtado, and suborned perjury from him.
|Appendix 1 - Part 8 - Ana Hurtado Deposition
|2000 Deposition of Ana Marina Hurtado accusing Graham Berry of child molestation
|Appendix 1 - Part 9 - Vanessa Hurtado Deposition
|2000 Deposition of Vanessa Hurtado regarding evidence she saw accusing Graham Berry of child molestation
|Appendix 1 - Part 10 - Michael Hurtado Deposition & Anthony Apodaca Depositions
|2000 Deposition of Michael Hurtado accusing Graham Berry of exchanging legal services for sex. Deposition of heroin addict Anthony Apodaca featuring alleged sex, drugs and videotape
|2000 Declaration of Robert Cipriano recanting previous testimony
|1999 Article outlining events regarding Robert Cipriano
|2001 Respondents Contentions of Fact - Verified Exhibits A-C
|2001 Graham Berry Letter to LAPD re: pending criminal complaint against Scientology lawyers/agents
|Emails, wire transfers, telecopier messages, a $1,000 check and other communication between agents of Scientology and Robert Cipriano.
|Hearing transcript. Kendrick Moxon, Esq. and Gerald Chaleff, Esq., along with other attorneys, also had L.A. Superior Court Judge Alexander Williams, III declare Graham Berry a ‘vexatious litigant,’ using blackmail, bribery and perjury as established by subsequent testimony, and despite the requirements of the relevant statute not being met, AND there being no effective right of appeal there from. At the time the Judge’s fiancé was an employee of the Church of Scientology Office of Special Affairs with a large business supplying services to Scientology.
|Cipriano recounts how he was contacted by Scientology operatives and both bribed and pressured to smear Graham Berry in court on untrue charges of child molestation and other crimes. Records of payments and gifts made to Mr. Cipriano by agents of Scientology.
|Evidence Cipriano received rental cars and monies paid for by Scientology using an imaginary charity "The Day of the Child World Concert" to bankroll payments.
|Declaration of Robert J. Cipriano admitting he lied about Graham Berry and confessing his fear that Scientology will harm him Part 1
|Declaration of Robert J. Cipriano admitting he lied about Graham Berry and confessing his fear that Scientology will harm him Part 2
|F - Berry Master Chronology (Partial) Part 1
|F - Berry Master Chronology (Partial) Part 2
|G - LAPD Letter to Det. Steven Kirby by GB Re: Criminal Complaint Against Moxon, et al. The LAPD recommended prosecution but the District Attorney refused for "political reasons" following Scientology lawyer Chaleff's intervention.
|H - Respondent's Contentions of Fact as to what really occurred in this massive corruption of the courts
|I - Phoenix New Times article by Tony Ortega on Cipriano, J - Village Voice article by Tony Ortega on early anti-Scientology protests by "Anonymous"
|K - Declaration of Moxon Law Partner Timothy Bowles, L - Declaration of Moxon's Chief Investigator Eugene Ingram, M - Minute Order Moxon Denies Existence Of, N - Notice of Consolidated Case Status in Three Berry Cases, O - Excerpt of Discovery Hearing, P - Amended Opposition to Motion to Dismiss in Berry v Cipriano
|Q - Petition to Find Graham Berry Vexatious, R - Opposition to Petition to Find GB Vexatious, S - Reply Memo in Support of Finding GB Vexatious
|Transcript Berry v Cipriano August 1999 Part 1
|Transcript Berry v Cipriano August 1999 Part 1
|U - Order Finding Graham Berry Vexatious, V - Berry Petition for Stay
|W - Affidavit of Jesse Prince, X - Tampabay.com "The Truth Rundown"
|Notice to Depts. 1 & 17
|List of recent documents filed or lodged by cover page
|Berry Opposition to Contempt Request
|states that because fellow lawyer Barry Van Sickle is also on the case he is not in contempt for the reasons Moxon alleges.
|Motion to Compel Moxon Deposition & Waive Privilege Part A
|argues that the legal laundry list of evil Moxon has done over the years is in evidence. Therefore Moxon should be compelled to be deposed. This has never happened before to Moxon. Also, he would be unable to claim attorney/client privilege. Memo of Points & Authorities, Plaintiff Moxon refused to attend his noticed deposition & should be ordered to attend & produce, Crime fraud exception to attorney client privilege applies, attorney client privilege has been waived, info sought is relevant to impeachment, Conclusion, Declaration of Graham Berry
|Motion to Compel Moxon Deposition & Waive Privilege Part B
|Declaration, Authentication of Exhibits, "Meet and Confer" events, Additional Matters of General Relevance. Documents Demanded: Anything Moxon did or wrote about any of the participants in the various cases in question.
|Motion to Compel Moxon Deposition - Exhibits A-E
|Exhibit A - Deposition Notice for Moxon, Exhibit B - Email from GB to KM, Exhibit C - Email from GB to KM, Exhibit D - Letter from GB to KM re: why cult protesters like the Angry Gay Pope must be forced to attend deposition yet he does not?, Exhibit E - Letter from KM to GB confirming their argument the day before.
|Motion to Compel Moxon Deposition - Request for Judicial Notice
|list of 19 exhibits filed along with the motion to compel Moxon to testify under oath. These are the same exhibits as listed under Appendix No. 1 Exhibit A and are not duplicated here.
|Proposed Order to Compel Moxon's Testimony
|the judge sign this order then Moxon must appear by May 28, 2010 to be deposed without attorney client privilege and must bring many documents.
Berry Ex Parte Restoration Application
|13, 2010. Graham tries to restore Moxon's ex parte to the calendar and continue or stay the hearing on Moxon's motion for summary judgment. Most important he attempts to force Moxon to be deposed, something that has never happened. The judge is wondering why this is not happening. THREE EXHIBITS: 1 - Email notice to Moxon of Ex Parte Application, 2 - Moxon's email response, 3 - Moxon email, Notice of Court Ruling, 03/22/2010 court minutes.
|Declarations of Barry van Sickle and Graham Berry
|Declarations re: the above document.
|Order to Compel Moxon's Deposition (proposed)
|April 14, 2010. If a judge signs this document Moxon will have to attend deposition.
Moxon does not defend, he attacks. He has never once denied the evidence
in the Appendices. He cannot and does not deny the facts in this opposition.
Instead, he ignores the evidence, relying on the fraudulently obtained
orders to say Graham's claims should not be allowed and he should be punished
for making them. The law says in this type of case you cannot rely upon
the order that is being attacked because it was possibly fraudulently
obtained. To a non-Scientologist that is logical; otherwise, like Moxon,
one would be relying upon the fruits of a crime or fraud to prevent the
investigation of the crime or fraud. A logical and legal impossibility.