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Lawrence E. Heller, Esq., Bar No. 69770
TURNER, GERSTENFELD, WILK & TIGERMAN
8383 Wilshire Boulevard Suite 510
Beverly Hills, California 90211
(213) 657-3100

Attorneys for Defendants
AUTHOR SERVICES, INC.

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES

BENT CORYDON Plaintiff, vs. CHURCH OFSCIENTOLOGY INTERNATIONAL, INC., etc., et al., Defendants. AND RELATED CROSS-ACTIONS

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CASE No. No. C 694 401 NOTICE OF MOTION AND MOTION OF DEFENDANT AUTHOR SERVICES, INC. TO DELAY OR PREVENT THE TAKING OF CERTAIN THIRD PARTY DEPOSITIONS BY PLAINTIFF; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATIONS OF LAWRENCE E. HELLER [German translation] AND HOWARD SCHOMER IN SUPPORT THEREOF DATE: November 16, 1989 TIME: 9:00 a.m. DEPT: 44

TO: PLAINTIFF AND HIS ATTORNEYS OF RECORD HEREIN.

PLEASE TAKE NOTICE that on November 16, 1989 at 9.:00 a.m., or as soon thereafter as counsel can be heard, in Department 44 of the above-entitled Court located at 111 North Hill Street, Los Angeles, California, defendant AUTHOR SERVICES, INC. ("defendant ASI" hereinafter) will move the Court for an order to restrain plaintiff from taking certain third party depositions.

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This application is made on the ground that great and irreparable harm will result to defendant ASI unless a restraining order is issued enjoining plaintiff from taking certain third party depositions, or conditioning those depositions upon a showing of relevance.

This Motion will be based upon this Notice, the attached Memorandum of Points and Authorities, the pleadings, records and files in this action, and such evidence as may be presented at the hearing of the Motion.

Dated: October 31st, 1989

TURNER, GERSTENFELD, WILK & TIGERMAN By: Lawrence E. Heller Attorneys for Defendants AUTHOR SERVICES, INC.

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MEMORANDUM OF POINTS AND AUTHORITIES

Approximately two and one-half (2-1/2) years ago various Scientology entities, including some of the defendants herein, settled over a dozen cases involving hundreds of millions of dollars in alleged damages. Between six (6) to ten (10) of those cases were pending in this court and the Federal Court of the Central District of California.

One such case, which was not settled, entitled Wollersheim v. Church of Scientology of California, Case No. S011790 was intensely litigated in this very Court for close to six (6) years. That case culminated in a trial which lasted approximately eight (8) months, tying up one of this Court's courtrooms and judges exclusively for that period of time.

During the course of the Wollersheim litigation, various issues were appealed, in one such instance resulting in a six (6) to eight (8) month stay of that litigation issued by the Honorable Sandra Day O'Connor, Justice of the United States Supreme Court. The Wollersheim litigation has recently been partly affirmed and partly reversed by the California Court of Appeals, and all parties expect that the appellate process will continue for at least another two (2) years.

Recognizing the tremendous time and financial burdens which litigation of this nature placed not only upon the litigants and their attorneys, but the courts involved as well, over a half dozen attorneys, including various California attorneys, entered into what can only be characterized as "herculean" settlement efforts. Those efforts ultimately resulted in the settlement of

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virtually all of the "Wollersheim-like" cases (where former Scientology staff members or parishioners instituted litigation against Scientology). Those settlements alleviated the truly gargantuan time and financial resources which would have been wasted in the absence of such a settlement. To effect these settlements also required an exercise of good faith on behalf of adverse litigants and attorneys who had been fiercely battling for a number of years prior to entering into the settlements. One of the key ingredients to completing these settlements, insisted upon by all parties involved, was strict confidentiality respecting: (1) the Scientology parishioner or staff member's experiences within the Church of Scientology; (2) any knowledge possessed by the Scientology entities concerning those staff members or parishioners; and (3) the terms and conditions of the settlements themselves. Peace has reigned since the time the interested parties entered into the settlements, all parties having exercised good faith in carrying out the terms of the settlement, including the obligations of confidentiality.

Comes now the plaintiff herein, BENT CORYDON, and acting the role of a one man wrecking crew, he serves multiple subpoenas in a wholesale manner upon these former plaintiffs (and in some cases defendants); seeking material totally irrelevant to the issues involved in his litigation. Without any question, CORYDON's intent in serving these various subpenas requesting depositions and the production of documents is to drive a wedge between these settling parties, in an illegal attempt to extort a settlement of his own from the

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defendants herein. Even a glance at the Request for Documents served as part of CORYDON's subpoena duces tecum re deposition upon these settling parties indicates that he has no interest in any issues respecting plaintiff's case. Rather, CORYDON appears to be on a mission to torpedo what can only be characterized as good faith, effective settlements which have alleviated a vast burden upon this Court. (See subpena served upon one Homer Schomer, an individual who had sued various Scientology entities and this moving defendant in the Federal Court of the Central District of California, attached hereto as Exhibit "A"1). Attached to these moving papers is the declaration of one of the litigants who settled against Scientology, the aforesaid Homer Schomer. Mr. Schomer's declaration, conclusively exhibits that he has no evidence concerning CORYDON or CORYDON's relationship with any Scientology entity, is perhaps the best evidence of CORYDON's bad faith in attempting to effect the subject deposition discovery.

The other third parties CORYDON has subpenaed to deposition that ASI knows of have even less information concerning CORYDON. For instance one of the potential deponents who CORYDON has been trying to serve is attorney Michael J. Flynn, a Boston lawyer involved in most of the settlements which transpired some two and one-half (2-1/2)years ago.

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1Even a cursory review of the documents requested in Mr. Schomer's subpena indicate that they have nothing to do with Mr. CORYDON's case. They relate solely to the Settlement Agreement and documents attendant to that settlement. It is inconceivable that any of these documents could be relevant, even pursuant to discovery standards, to any issue in the instant litigation.

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CORYDON and his attorney, Toby L. Plevin, obviously feel that they have hit upon a weak spot within the Church of Scientology's resolve to effectively defend this litigation. Their tactic is to illegally threaten to compel by subpena disclosure of confidential material irrelevant to the issues in his case. The fact that CORYDON's and Ms. Plevin's litigation tactics are in bad faith and an abuse of this Court's process appears to be of no avail to them.

CORYDON has been in litigation with most of the defendants herein for approximately eight (8) years. CORYDON sought dismissal of the litigation which he had previously instituted in the County of Riverside prior to the time that it was to go to trial in that Court, after he had litigated that case for over five (5) years. CORYDON thereafter instituted this litigation, clearly once again with no intent of going to trial on the merits, but rather in an attempt to "blackmail" these defendants through an attack upon the good faith settlements into which they had previously entered.

This moving party, (AUTHOR SERVICE, INC.) which was a party to at least one of the aforementioned settlements beseaches this Court to prevent CORYDON and/or his attorney from engaging in these unethical tactics under the guise of free wheeling discovery. These parties would ask this Court to issue a protective order preventing these depositions from going forward

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at least until CORYDON and his attorney have exhibited the relevance of these depositions.

Dated: October 31st, 1989

TURNER, GERSTENFELD, WILK & TIGERMAN By: Lawrence E. Heller Attorneys for Defendants AUTHOR SERVICES, INC.

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DECLARATION OF LAWRENCE E. HELLER

I, LAWRENCE E. HELLER, declare as follows:

1. I am an attorney at law duly licensed to practice before all of the Courts of the State of California and am a principal in the law firm of Turner, Gerstenfeld, Wilk & Tigerman. In said capacity, I am responsible for the defense of the within action on behalf of defendants AUTHOR SERVICES, INC. ("ASI") and BRIDGE PUBLICATIONS, INC. ("BPI"). Furthermore, I was the attorney for ASI with regard to certain settlements in which ASI was a settling party which are referred to in these moving papers. Accordingly, all of the following information is of my own personal knowledge and I am available and competent to personally testify thereto if necessary.

2. I was personally involved in the settlements which are referred to in these moving papers which transpired some two and one-half years ago. Those settlements concerned well over a dozen plaintiff litigants as well as various Church of Scientology entities and other third parties sued as defendants. Those settlements also concerned ASI, a defendant in this matter, which was a co-defendant in one of those many actions. The settlement negotiations which took place stretched over the course of several months, culminating in a multi-week session in a hotel in the city of Los Angeles where most of the lawyers (and some of the parties) involved in litigation met extensively.

3. Settlement negotiations, which were not supervised by any court, were arduous and, as is often the case in these

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instances, sometimes contentious. However, a "universal settlement" was ultimately entered into between the numerous parties. The universal settlement provided for non-disclosure of all facts underlying the litigation as well as non-disclosure of the terms of the settlements themselves. The non-disclosure obligations were a key part of the settlement agreements insisted upon by all parties involved.

4. The contractual non-disclosure provisions were the one issue which was not debated by any of the parties or attorneys involved. In the last two and one half (2-1/2) years the settlements have been carried out in good faith by all parties. I consider my contribution, as well as the contribution of the other attorneys involved in the settlements, to have been of great benefit to this and other Courts in that it alleviated literally months upon months of trial time which would have been necessary had the settlements not been properly effected.

I declare under penalty of perjury that the foregoing is true and correct.

Executed this 1st day of November 1989, at Beverly Hills, California.

[signed]
Lawrence E. Heller
Declarant

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ERKLÄRUNG VON LAWRENCE E. HELLER

Ich, LAWRENCE E. HELLER erkläre folgendes:

1. Ich bin Rechtsanwalt und habe die Zulassung für alle Gerichte des Staates Kalifornien und bin Teilhaber der Anwaltskanzlei Turner, Gerstenfeld, Wilk & Tigerman. In dieser Eigenschaft bin ich verantwortlich für die Verteidigung und Wahrung sämtlicher Interessen des Beklagten AUTHOR SERVICES, INC. („ASI“) und BRIDGE PUBLICATIONS, INC. („BPI“). Des weiteren war ich der Anwalt im Hinblick auf gewisse Vereinbarungen in denen ASI die schlichtende Partei war, wie dies aus der Aktenlage ersichtlich ist. Dementsprechend stammen alle folgenden Informationen aus meinem persönlichen Wissen und ich kann, soweit notwendig selbst dazu Aussagen machen.

2. Ich war persönlich an dem Abkommen beteiligt auf das in den vorliegenden Akten hingewiesen wird und das vor zwei ein halb Jahren in Kraft trat. Diese Abkommen betrafen mehr als ein Dutzend klagende Parteien, und ebenso verschiedene Unternehmenszweige der Church of Scientology sowie anderer, dritter Personen. Diese Abkommen betrafen auch ASI, in diesem Fall Beklagte sowie Mit-Beklagte in verschiedenen anderen Fällen. Die Vertragsverhandlungen, die stattfanden zogen sich über mehrere Monate hin und gipfelten in einer Multi-Sitzung über eine Woche in einem Hotel in Los Angeles, wo sich die meisten der Anwälte (und einige der Parteien), die mit den rechtlichen Auseinandersetzungen zu tun hatten, immer wieder trafen.

3. Vertragsverhandlungen, die nicht von einem Gericht überwacht werden, sind mühsam und es kann in solchen Fällen vorkommen, dass einiges strittig ist, wie auch immer, es kam ein „universeller Vertrag“ zwischen den zahlreichen Parteien zustande. Der universelle Vertrag setzte voraus, keine der Fakten öffentlich zu machen, die dem Rechtsstreit zugrunde liegen und ebenso die Einzelheiten die den Vertrag selber betrafen. Die Verpflichtung zur Geheimhaltung war ein Schlüsselpunkt der Abfindungsvereinbarungen auf den alle Parteien großen Wert legten.

4. Die vertragsmäßig vereinbarte Verschwiegenheit war einer der Punkte, der von keiner der Parteien oder den beteiligten Anwälten in Frage gestellt wurde. In den zurückliegenden zwei ein halb (2 ½ ) Jahren sind die Verträge durch alle Parteien vertrauensvoll eingehalten worden. Ich sehe meinen Beitrag, sowie den der anderen Anwälte, die an den Vereinbarungen mitgearbeitet haben als großen Vorteil für dieses und für andere Gerichte, denn sie vermindern buchstäblich den Zeitaufwand des Gerichts, der notwendig gewesen wäre, wenn die Vereinbarungen nicht zu einem guten Abschluss gelangt wären. Ich erkläre, in Kenntnis der Strafe für Meineid, dass diese gemachten Angaben der Wahrheit entsprechen und richtig sind.

Unterzeichnet am 1. November 1989 in Beverly Hills, Kalfornien.

[unterzeichnet] Lawrence E. Heller Aussagender