Академический Документы
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Robert W. Thompson, Esq. (SBN: 250038)
2 Casey A. Gee, Esq. (SBN: 284830)
THOMPSON LAW OFFICES, P.C.
3 700 Airport Blvd., Suite 160
Burlingame, CA 94010
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Tel: (650) 513-6111 / Fax: (650) 513-6071
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Brian D. Kent, Esq. (Admitted Pro Hac Vice)
6 Gaetano D’Andrea, Esq. (Admitted Pro Hac Vice)
7 M. Stewart Ryan, Esq. (Admitted Pro Hac Vice)
LAFFEY, BUCCI & KENT, LLP
8 1435 Walnut Street, Suite 700
Philadelphia, PA 19102
9 Tel: (215) 399-9255 / Fax: (215) 241-8700
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Attorneys for Plaintiffs
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12 SUPERIOR COURT OF THE STATE OF CALIFORNIA
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___________________________________________________________________________________
DECLARATION OF ROBERT W. THOMPSON ISO PLAINTIFFS’ MOTION TO SERVE DEFENDANT DAVID
MISCAVIGE BY PUBLICATION
1 Boulevard, Los Angeles, California 90028 was the incorrect address. In the Motion, Defendant claimed
2 after filing the Complaint, Plaintiffs should have contacted Defendant Miscavige’s counsel.
3 5. While Plaintiffs disagreed with Defendant Miscavige, Plaintiffs made multiple attempts to
4 avoid unnecessary motion practice. Plaintiffs sent defense counsel, Jeffrey Riffer, a Notice and
5 Acknowledgement of Receipt. Further, on December 18, 2019, Plaintiffs’ counsel submitted a “Sheriff’s
6 Instructions Summons and Complaint” form to the Los Angeles County Sheriff’s Department – Beverly
7 Hills Branch to serve Defendant Miscavige again at 6331 Hollywood Boulevard, Los Angeles, California
8 90028. A true and correct copy of Plaintiffs’ “Sheriff’s Instructions Summons and Complaint” form is
9 attached hereto as Exhibit B.
10 6. On December 19, 2019, Mr. Riffer sent Plaintiffs’ counsel a letter stating “Our normal
11 practice, of course, is to sign and return such Notices,” yet he refused to sign the Notice and
12 Acknowledgement unless Plaintiffs withdrew the Proof of Service filed with the Court. A true and correct
13 copy of Mr. Riffer’s letter dated December 19, 2019, is attached hereto as Exhibit C.
14 7. On December 20, 2019, Plaintiffs’ counsel sent Mr. Riffer a Stipulation and Proposed Order
15 requesting the withdrawal of the previously filed Proof of Service. A true and correct copy of Plaintiffs’
16 proposed Stipulation and [Proposed] Order Regarding Withdrawal of Plaintiffs’ Proof of Service of
17 Summons and Complaint for Defendant David Miscavige is attached hereto as Exhibit D.
18 8. On January 19, 2020, Mr. Riffer responded to the Stipulation by refusing to sign the Notice
19 and Acknowledgement unless Plaintiffs stated in the Stipulation that the Proof of Service was false and/or
20 fraudulent, which is untrue. Because Plaintiffs’ counsel could not declare that the Proof of Service was
21 false and/or fraudulent, they could not sign Defendant Miscavige’s Revised Stipulation. As a result, Mr.
22 Riffer refused to sign the Notice and Acknowledgement. A true and correct copy of Mr. Riffer’s letter
23 dated January 19, 2020 and Defendant Miscavige’s red-lined version of the Revised Stipulation and
24 [Proposed] Order Regarding Withdrawal of Plaintiffs’ Proof of Service of Summons and Complaint for
25 Defendant David Miscavige is attached hereto as Exhibit E.
26 9. On January 24, 2020, Robert Hall stated in a declaration signed under penalty of perjury that
27 (1) he accurately documented his attempts to personally serve Defendant Miscavige in the Declaration of
28 Due Diligence; (2) accurately documented how he served Defendant Miscavige by substituted service on
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___________________________________________________________________________________
DECLARATION OF ROBERT W. THOMPSON ISO PLAINTIFFS’ MOTION TO SERVE DEFENDANT DAVID
MISCAVIGE BY PUBLICATION
1 the Proof of Service of Summons; and (3) he caused Jeffrey Pink of Are You Being Served? to mail the
2 documents to Defendant Miscavige that day at the same address. A true and correct copy of Robert Hall’s
3 declaration is attached as Exhibit F.
4 10. On January 28, 2020, Deputy Benita Villasenor of the Los Angeles County Sheriff’s
5 Department – Beverly Hills Branch attempted to serve Defendant Miscavige again at 6331 Hollywood
6 Boulevard, Los Angeles, California 90028. In her Declaration of Due Diligence, she stated she was unable
7 to effect service because “per security, defendant cannot be found here and there is no agent for service at
8 this location. A true and correct copy of Deputy Villasenor’s declaration is attached as Exhibit G.
9 11. On February 28, 2020, Plaintiffs filed the First Amended Complaint.
10 12. On March 3, 2020, Plaintiffs e-filed the documents regarding Deputy Villasenor’s attempted
11 proof of service on Defendant Miscavige with this Court. A true and correct copy of the e-filing receipt is
12 attached as Exhibit H.
13 13. On March 11, 2020, this Court issued a tentative ruling on Defendant Miscavige’s Motion to
14 Quash. While this Court granted the Motion, but specifically stated, “[t]his is not a determination that the
15 proofs of service were ‘fraudulent.’” A true and correct copy of the Court’s Tentative Ruling dated March
16 11, 2020, is attached as Exhibit I.
17 14. Prior to filing this Motion, in another attempt to avoid unnecessary motion practice,
18 Plaintiffs again requested that Mr. Riffer sign a Notice and Acknowledgement of Receipt. On April 1,
19 2020, Mr. Riffer sent a letter to Plaintiffs’ counsel refusing to sign the Notice and Acknowledgement. A
20 true and correct copy of Mr. Riffer’s letter dated April 1, 2020, is attached as Exhibit J.
21 15. According to BeenVerified, a background check company that provides people search
22 services through its website based on public records, Defendant Miscavige lives at 6331 Hollywood
23 Boulevard, Los Angeles, California 90028. A true and correct copy of BeenVerified’s Search Results for
24 David Miscavige is attached as Exhibit K.
25 16. According to the Religious Technology Center’s (“RTC”) website, Defendant Miscavige
26 has been the Chairman of the Board of Religious Technology Center since 1987. RTC states on its website
27 that its address is 1710 Ivar Avenue, Suite 1100, Los Angeles, CA 90028. A true and correct copy of
28 portions of RTC’s website is attached as Exhibit L.
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___________________________________________________________________________________
DECLARATION OF ROBERT W. THOMPSON ISO PLAINTIFFS’ MOTION TO SERVE DEFENDANT DAVID
MISCAVIGE BY PUBLICATION
1 17. Upon information and belief, the address of 6331 Hollywood Boulevard is for the exact
2 same building as the address of 1710 Ivar Avenue. While both addresses go to the same building and lead
3 to the offices of RTC and home of Mr. Miscavige, Plaintiffs are informed and believe the Ivar Avenue
4 address is a locked door to an elevator with no front desk personnel and is purposely set up this way.
5 I declare under penalty of perjury under the laws of the State of California that the foregoing is true
6 and correct.
7 Executed on September 4, 2020, at Burlingame, California.
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9 ___________________________________
10 Robert W. Thompson, Esq.
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___________________________________________________________________________________
DECLARATION OF ROBERT W. THOMPSON ISO PLAINTIFFS’ MOTION TO SERVE DEFENDANT DAVID
MISCAVIGE BY PUBLICATION
EXHIBIT A
EXHIBIT B
EXHIBIT C
EXHIBIT D
700 Airport Blvd., Suite 160, Burlingame, CA 94010
P: 650.513.6111 F: 650.513.6071 E: bobby@tlopc.com
Bobby Thompson
Dear Counsel,
Attached please find two stipulations and proposed orders requesting the withdrawal of the
previously filed proofs of service for Mr. Miscavige in Haney and Bixler. Please sign and
return the stipulations to my office at your earliest convenience, and I will file them with the
court.
Thank you for your prompt attention to this matter. If you have any questions or would like to
discuss any of the issues raised in this letter, please do not hesitate to contact me.
Sincerely,
/s/
Bobby Thompson
BT:cg
Robert W. Thompson, Esq. (SBN: 250038)
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Kristen A. Vierhaus, Esq. (SBN: 322778)
2 THOMPSON LAW OFFICES, P.C.
700 Airport Boulevard, Suite 160
3 Burlingame, CA 94010
Tel: (650) 513-6111 / Fax: (650) 513-6071
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SEE ATTACHMENT A FOR ADDITIONAL
ATTORNEYS REPRESENTING PLAINTIFFS
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Attorneys for Plaintiffs
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
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STIPULATION AND [PROPOSED] ORDER REGARDING WITHDRAWAL OF PLAINTIFFS’ PROOF OF SERVICE
OF SUMMONS AND COMPLAINT FOR DEFENDANT DAVID MISCAVIGE
1 Plaintiffs and Defendant David Miscavige hereby stipulate as follows:
2 WHEREAS, on October 23, 2019, Plaintiffs electronically filed a Proof of Service of Plaintiffs’
3 Summons and Complaint for Defendant David Miscavige;
4 WHEREAS, Defendant David Miscavige contests the Proof of Service of Plaintiffs’ Summons and
5 Complaint, and filed a Motion to Quash Plaintiffs’ Service of Summons and Complaint on November 18,
6 2019;
7 WHEREAS, counsel for Defendant David Miscavige has agreed to sign and return a Notice and
8 Acknowledgement of Receipt of Summons, if Plaintiffs’ previously filed Proof of Service of Summons is
9 withdrawn;
10 WHEREAS, withdrawal of Plaintiffs’ Proof of Service and the filing of Defendant David
11 Miscavige’s Notice and Acknowledgement of Receipt of Summons would alleviate the need to hear
12 Defendant David Miscavige’s pending Motion to Quash on February 6, 2020;
13 NOW THEREFORE, Plaintiffs and Defendant David Miscavige hereby stipulate and jointly
14 request that the Court allow and order the Proof of Service of Plaintiffs’ Summons and Complaint for
15 Defendant David Miscavige, which was e-filed on October 23, 2019, to be withdrawn.
16 IT IS SO STIPULATED.
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DATED: ___/___/_____ ELKINS KALT WEINTRAUB REUBEN
25 GARTSIDE, LLP
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27 ___________________________
Jeffrey K. Riffer, Esq.
28 Attorney for Defendant David Miscavige
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STIPULATION AND [PROPOSED] ORDER REGARDING WITHDRAWAL OF PLAINTIFFS’ PROOF OF SERVICE
OF SUMMONS AND COMPLAINT FOR DEFENDANT DAVID MISCAVIGE
1 ORDER
2 Pursuant to the Stipulation, IT IS HEREBY ORDERED THAT Plaintiffs’ Proof of Service of
3 Summons and Complaint, which was e-filed on October 23, 2019, is withdrawn.
4 IT IS SO ORDERED.
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6 DATED: ___/___/_____
___________________________________
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The Honorable Judge of the Superior Court
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STIPULATION AND [PROPOSED] ORDER REGARDING WITHDRAWAL OF PLAINTIFFS’ PROOF OF SERVICE
OF SUMMONS AND COMPLAINT FOR DEFENDANT DAVID MISCAVIGE
EXHIBIT E
Robert W. Thompson, Esq. (SBN: 250038)
1
Kristen A. Vierhaus, Esq. (SBN: 322778)
2 THOMPSON LAW OFFICES, P.C.
700 Airport Boulevard, Suite 160
3 Burlingame, CA 94010
Tel: (650) 513-6111 / Fax: (650) 513-6071
4
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SEE ATTACHMENT A FOR ADDITIONAL
ATTORNEYS REPRESENTING PLAINTIFFS
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Attorneys for Plaintiffs
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
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STIPULATION AND [PROPOSED] ORDER REGARDING WITHDRAWAL OF PLAINTIFFS’ PROOF OF SERVICE
OF SUMMONS AND COMPLAINT FOR DEFENDANT DAVID MISCAVIGE
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Plaintiffs and Defendant David Miscavige hereby stipulate as follows:
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WHEREAS, on October 23, 2019, Plaintiffs electronically filed a Proof of Service of Plaintiffs’
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Summons and Complaint for Defendant David Miscavige;
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WHEREAS, such Proof of Service was fraudulent, as videotape evidence establishes that the
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process server was not at the location on the date and time where he purported to effect service, and
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Defendant David Miscavige contests the Proof of Service of Plaintiffs’ Summons and Complaint, and
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filed a Motion to Quash Plaintiffs’ Service of Summons and Complaint on November 18, 2019;
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WHEREAS, counsel for Defendant David Miscavige has agreed to sign and return a Notice and
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Acknowledgement of Receipt of Summons, if Plaintiffs’ previously filed Proof of Service of Summons is
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withdrawn;
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WHEREAS, withdrawal of Plaintiffs’ Proof of Service and the filing of Defendant David
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Miscavige’s Notice and Acknowledgement of Receipt of Summons would alleviate the need to hear
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Defendant David Miscavige’s pending Motion to Quash on February 6, 2020;
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NOW THEREFORE, Plaintiffs and Defendant David Miscavige hereby stipulate and jointly
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request that the Court allow and order the Proof of Service of Plaintiffs’ Summons and Complaint for
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Defendant David Miscavige, which was e-filed on October 23, 2019, to be withdrawn.
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IT IS SO STIPULATED.
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DATED: ___/___/_____ THOMPSON LAW OFFICES, P.C.
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21 ___________________________
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Robert W. Thompson, Esq.
Kristen A. Vierhaus, Esq.
23 Attorneys for Plaintiffs
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STIPULATION AND [PROPOSED] ORDER REGARDING WITHDRAWAL OF PLAINTIFFS’ PROOF OF SERVICE
OF SUMMONS AND COMPLAINT FOR DEFENDANT DAVID MISCAVIGE
___________________________
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Jeffrey K. Riffer, Esq.
2 Specially Appearing as Attorney for
Defendant David Miscavige
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/
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ORDER
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Pursuant to the Stipulation, IT IS HEREBY ORDERED THAT Plaintiffs’ Proof of Service of
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Summons and Complaint, which was e-filed on October 23, 2019, is withdrawn.
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IT IS SO ORDERED.
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DATED: ___/___/_____
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___________________________________
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The Honorable Judge of the Superior Court
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STIPULATION AND [PROPOSED] ORDER REGARDING WITHDRAWAL OF PLAINTIFFS’ PROOF OF SERVICE
OF SUMMONS AND COMPLAINT FOR DEFENDANT DAVID MISCAVIGE
EXHIBIT F
EXHIBIT G
EXHIBIT H
EXHIBIT I
EXHIBIT J
EXHIBIT K
David Miscavige
Generated on: 08/31/2020
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BeenVerified, Inc. is a database of publicly available sources of information aggregated for your convenience. BeenVerified, Inc. does not provide private investigator services and this
information should not be used for employment, tenant screening, or any FCRA related purposes. BeenVerified, Inc. does not make any representation or warranty as to the character or the
integrity of the person, business, or entity that is the subject of any search inquiry processed through our service.
Table of Contents 2
Summary 3
Contact Info 3
Address History 3
Relatives 3
Neighbors 3
Associates 3
Professional 3
Education 4
Usernames 4
Social Media 4
Photos 4
Bankruptcies 5
Personal Overview
Name: David Miscavige
Age: 60
David Miscavige
1 marshallbanana@live.com
1 6331 Hollywood Blvd Ste 1100 Los Angeles, CA 90028 (Best Match) 10/2007
2 6464 W Sunset Blvd Ste 900 Los Angeles, CA 90028 Old N/A
Relatives 0 Relatives
Found
Neighbors 0 Neighbors
Found
Associates 0 Associates
Found
Professional 1 Jobs
Found
3
# Company Title Industry Started on Ended on
Education 0 Schools
Found
Usernames 2 Usernames
Found
# Username
1 fakedm
2 davidmiscavige
1 wikipedia http://en.wikipedia.org/wiki/David_Miscavige
2 twitter http://www.twitter.com/FakeDM
3 linkedin https://www.linkedin.com/in/davidmiscavige
4 myspace http://www.myspace.com/344437999_old
5 imdb http://www.imdb.com/name/nm1719336/
6 linkedin https://www.linkedin.com/in/dave-miscavige-ab04187
7 wikipedia http://en.wikipedia.org/wiki/Special:Search/David_miscavige
8 wikipedia http://en.wikipedia.org/wiki/David_Miscavage
9 other http://fakemiscavige.wordpress.com
10 other https://www.linkedin.com/company/rtc
11 other http://www.myspace.com/davidmiscavige
Photos 1 Photos
Found
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4
Possible Owned 0 Aircrafts
Found
Aircrafts
Bankruptcies 0 Bankruptcy
Records
Judgments &
Liens
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Licenses
This section is locked. Upgrade this report to view this section.
Disclaimer: While we are constantly updating and refining our database and service, we do not represent or warrant that the results provided will be 100%
accurate and up to date. BeenVerified, Inc. is a database of publicly available sources of information aggregated for your convenience. BeenVerified, Inc.
does not provide private investigator services and this information should not be used for employment, tenant screening, or any FCRA related purposes.
BeenVerified, Inc. does not make any representation or warranty as to the character or the integrity of the person, business, or entity that is the subject of
any search inquiry processed through our service.
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EXHIBIT L