LAWYER GRAHAM BERRY
ON KENDRICK MOXON
MARCH 2010 EX PARTE APPLICATION
On Monday March 22, 2010, Mr. Moxon’s ex parte application was heard by Judge
Treu in Department 58 of the Los Angeles Superior Court. An ex parte application
is an emergency motion made on one or two days notice. Regular motions require
16 court day’s notice.
Mr. Moxon’s pending ex parte application is to
either dismiss the Berry cross-complaint or to stay (delay) the case until the
issue of whether the Berry cross-complaint can even be filed is decided by the
court. Mr. Moxon’s papers, and my opposition papers, will be uploaded to
tonight or tomorrow.
My counsel is Barry Van Sickle, Esq., another veteran Scientology litigator.
He was to be in court this morning this morning but now needs major surgery
and could not be there.
In summary, this is what happened:
The judge took the bench and indicated that he was inclined to deny Moxon’s
motion because I now had counsel which took the case outside of Code Civil Procedure
(2) Moxon disagreed citing to several cases which held
against the express language of that section. The cases are cited on pages 5-6
of the Moxon ex parte;
(3) In the particular circumstances of the Moxon
ex parte and argument, the judge did not wish to proceed without my counsel
Barry Van Sickle, Esq. physically in the courtroom;
(4) The Judge stayed
the case until Barry Van Sickle could be in the court room;
(5) I am
to file an ex parte to restore Moxon’s ex parte to the calendar after I am back
from Germany next Monday night and Barry Van Sickle has his doctor’s authority
(6) My motion to compel Moxon’s deposition, and to waive
the attorney-client privilege (pursuant to the crime-fraud exception), calendared
for May 6, 2010, will stay on calendar (over Moxon’s objection) unless my counsel
does not restore the Moxon ex parte in sufficient time for Moxon to timely file
his opposition. The motion can read
. If want to read the supporting evidence it is also online at
the same site.
Mr. Moxon continued his cozy relationship with retired
Judge William’s former court clerk who is now this judge’s clerk. Scientology
stooges list the clerk at the top of one of their “dead agent” pages on me at
In conclusion, I am satisfied with the
status of the case as it now stands. The judge seems true (pun intended) to
his oath of office and he is playing it straight down the middle, which is all
one should ask of any judge.
GRAHAM BERRY, ESQ
MARCH 22, 2010