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67512977v1 1
MOTION TO QUASH AND JOINDER
1 TO ALL PARTIES AND THEIR COUNSEL OF RECORD:
2 PLEASE TAKE NOTICE that on February 5, 2020, at 8:30 a.m., or as soon thereafter as
3 counsel shall be heard, in Department 57 of the Superior Court for the State of California for the
4 County of Los Angeles, located at 111 N. Hill Street, Los Angeles, California, 90012, specially-
5 appearing Defendant Religious Technology Center (“RTC”) will specially appear and move the
6 Court for an order quashing the purported service of the summons and complaint upon it.1
7 The motion is made pursuant to Code of Civil Procedure § 418.10 on the grounds that the
8 Court lacks jurisdiction over RTC in that RTC was never properly served with the summons and
10 PLEASE TAKE FURTHER NOTICE THAT RTC will and hereby does join in the
11 motions of Church of Scientology International (“CSI”) and Celebrity Centre International (“CC”)
12 to impose sanctions against Plaintiffs and their attorneys by striking the appearance of the out-of-
13 state attorneys and refusing to admit them pro hac vice, and by ordering that they pay $1,500 to the
14 Court under California Code of Civil Procedure § 177.5 for violations of court orders.
15 This motion and joinder is made upon this notice, the attached memorandum of points and
16 authorities, the declarations of Warren McShane, Matthew D. Hinks, Lynn Farny, William H.
17 Forman and Lewis Miranda, all pleadings and documents on file in this action, such further papers
18 and authorities as may be filed in support hereof, and oral argument as may be presented at the
19 hearing on the motion.
20 DATED: November 20, 2019 JEFFER MANGELS BUTLER & MITCHELL LLP
ROBERT E. MANGELS
21 MATTHEW D. HINKS
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By:
24 MATTHEW D. HINKS
Attorneys for Specially Appearing Defendant
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RELIGIOUS TECHNOLOGY CENTER
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28 RTC’s original motion was filed on November 18, 2019, but inadvertently omitted Exhibit A.
This amended motion makes no changes other than including the cited exhibit.
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1 I. INTRODUCTION
2 Religious Technology Center (“RTC”) specially appears and brings this motion to quash the
3 purported service upon RTC of the summons and complaint filed in this action. As with the alleged
5 International (“CC”), Plaintiffs failed to properly serve the summons and complaint upon RTC in
6 compliance with the Code of Civil Procedure. The many ways in which Plaintiffs failed to comply
7 with the service statutes are described below. But making matters worse, after failing to comply
8 with the Code of Civil Procedure, Plaintiffs filed a false proof of service and declaration of mailing
9 as part and parcel of a group of proofs of service upon all named defendants in this matter that are
10 unquestionably fraudulent. Plaintiffs’ fraud occurs within the context of a pattern of abuses and
11 failures to comply with Court orders and the California Rules of Court that are described in the
13 For the all of the reasons set forth below and in the CSI and CC motions, RTC submits that
14 the Court should grant this motion and joinder, quash the defective service of the summons and
15 complaint upon RTC, impose monetary sanctions upon Plaintiffs, and bar Plaintiffs’ improperly-
20 privacy infliction of emotional distress and loss of consortium. [Id.] However, Plaintiffs’ complaint
22 On October 10, 2019, Plaintiffs purported to serve RTC by dropping off a copy of the
23 summons and complaint with Lewis Miranda, the receptionist at the headquarters of defendant
24 Church of Scientology International (“CSI”) at 6331 Hollywood Boulevard, Los Angeles. [Hinks
25 Decl., Exh. A.] However, RTC’s office address is not 6331 Hollywood Boulevard, it is 1710 Ivar
26 Avenue. [Declaration of Warren McShane (“McShane Decl.”) ¶ 3.] RTC’s office address is listed
27 with the California Secretary State and can be identified by a simple search on the Secretary of
28 State’s website. [Id.] Plaintiffs are well aware of RTC’s office address since it is identified in their
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1 own complaint. [Complaint, ¶ 8.] The Secretary of State’s website also identifies RTC’s agent for
2 service of process who maintains an office in Woodland Hills. [McShane Decl., ¶ 3.]
3 Upon appearing at CSI’s offices, the process server, Robert Hall, stated that he had papers
4 to deliver to the “Church of Scientology International.” [Declaration of Lewis Miranda, ¶ 2.] The
5 process server never mentioned delivering anything for RTC. [Id.] Mr. Miranda informed the
6 process server that he was not authorized to receive any legal documents. [Id.] Mr. Miranda further
7 directed the process server to serve CSI’s registered agent for service of process, whose name and
8 address could be found by searching online. [Id.] Since the process server did not state he was
9 purporting to serve RTC, Mr. Miranda did not discuss RTC with him. [Id.] Despite Mr. Miranda’s
10 statements, the process server left the papers with him. [Id., ¶¶ 2-3; Hinks Decl., Exh. A.]
11 The proof of service of RTC claims that RTC was served by substitute service. [Hinks Decl.,
12 Exh. A.] The proof further claims that on October 10, 2019, Robert Hall left the papers with “‘John
13 Doe’ Front Desk Agent,” and “I [Robert Hall] thereafter mailed (by first-class, postage prepaid)
14 copies of the documents to the person to be served at the place where copies were left” stating “a
15 declaration of mailing is attached.” [Id., ¶ 5b(4).] But the attached declaration of mailing shows
16 that Mr. Hall’s statement in the proof of service was false. In particular, the declaration of mailing
17 states that on October 11, 2019, a person named Jeffrey Pink (not Robert Hall, as Mr. Hall swore)
18 mailed the “Summons; Complaint; Civil Case Sheet; Civil Case Cover Sheet Addendum And
19 Statement of Location, Notice of Jury Fee Deposit, Notice of Case Management Conference” from
20 Burlingame, California to “David Miscavige / Director, 6331 Hollywood Boulevard, Los Angeles,
21 CA 90028.” [Id. (Declarations of Mailing ¶ 3).] The name of RTC is handwritten below the name
23 As of this date, more than a month has passed since the purported October 11 mailing date
24 and RTC still has not received the copies of the papers that were allegedly mailed. [McShane Decl.
25 ¶¶ 5-6.] To test the contention of mailing in the proof of service and declaration of mailing,
26 defendant CSI hired its own agent to mail a package from Burlingame to CSI’s office in Hollywood
27 to see how long the journey by mail took. [Declaration of Lynn Farny, ¶ 6.] The package arrived
28 in just 4 days. [Id.] Thus, it appears that Mr. Pink’s declaration of mailing, like Mr. Hall’s proof of
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1 service, is false.
2 III. ARGUMENT
3 A. The Court Should Quash the Purported Service of Summons Upon RTC Given
4 the Failure to Comply with the Code of Civil Procedure
5 1. Plaintiffs Bear the Burden of Proving Proper Service; No Jurisdiction
7 Code of Civil Procedure § 418.10 provides that, “[a] defendant, on or before the last day of
8 his or her time to plead … may serve and file a notice of motion … [t]o quash service of summons
9 on the ground of lack of jurisdiction of the court over him or her.” Thus, a defendant may move for
10 an order quashing service of summons when the service is ineffective. See id.; Fireman's Fund Ins.
11 Co. v. Sparks Const., Inc., 114 Cal. App. 4th 1135, 1145 (2004) .
13 See Marriage of Fitzgerald and King, 39 Cal. App. 4th 1419, 1426 (1995). A court lacks jurisdiction
14 over a defendant unless the defendant has been served with summons properly according to the
15 Code of Civil Procedure. See Rutenberg v. Rutenberg, 53 Cal. App. 4th 801, 808 (1997) (“[u]ntil
16 statutory requirements are satisfied, the court lacks jurisdiction over a defendant). This is true even
17 if the defendant has actual notice of the lawsuit; the defendant must still be served in compliance
18 with statutory requirements. See Renoir v. Redstar Corp., 123 Cal. App. 4th 1145, 1152 (2004).
19 (“Knowledge by a defendant of a plaintiff's action does not satisfy the requirement of adequate
20 service of a summons and complaint.”). In California, “the original service of process, which
21 confers jurisdiction, must conform to statutory requirements or all that follows is void.” Honda
22 Motor Co. v. Superior Court, 10 Cal. App. 4th 1043, 1048, (1992).
23 “When a defendant challenges the court’s personal jurisdiction on the ground of improper
24 service of process, the burden is on the plaintiff to prove . . . the facts requisite to an effective
25 service.” Summers v. McClanahan, 140 Cal. App. 4th 403, 413 (2006) (internal quotation marks
26 omitted); Lebel v. Mai, 210 Cal. App. 4th 1154, 1163 (2012). Therefore, it is Plaintiffs’ obligation
27 here to offer proof that they made proper service on RTC according to the California Code of Civil
28 Procedure.
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1 2. Plaintiffs Failed to Properly Serve RTC According to the Procedures of the
3 The Code of Civil Procedure provides a number of ways to serve process on a corporation
4 in this state such as RTC. “The most common method is by service on the corporation’s designated
5 agent for service of process.” Ramos v. Homeward Residential, Inc., 223 Cal. App. 4th 1434, 1437
6 (2014) (citing Cal. Civ. Proc. Code § 416.10(a)). “Otherwise, a corporation may be served by
7 personally delivering a summons and complaint to those corporate officers, managers and
9 charge of the office of one of the individuals identified in section 416.10, subdivision (b) and then
10 mailing the individual a copy of the summons and complaint.” Id. at 1437-38 (citing Cal. Civ. Proc.
11 Code § 415.20).
12 Here, although RTC has a designated local agent for service of process, Plaintiffs purported
13 to serve the summons and complaint by substitute service under Code of Civil Procedure §
14 415.20(a). The proof of service they filed claimed that the summons and complaint were delivered
15 to the office address of CSI then mailed to the same CSI address. The service upon RTC was
17 As an initial matter, Plaintiffs failed to serve the summons and complaint upon an authorized
18 individual. The papers were directed to “David Miscavige / Director.” However, a “Director” is
19 not one of the enumerated persons upon whom service may be made under Code of Civil Procedure
20 § 416.10(b). The individuals listed in section 416.10(b) include various “corporate officers or agents
21 authorized to accept service on behalf of the corporation.” Dill v. Berquist Constr. Co., 24 Cal.
22 App. 4th 1426, 1439 (1994); see also Destfino v. Reiswig, 630 F.3d 952, 957 (9th Cir. 2011) (service
23 not effective where service not made upon “an officer or someone authorized to accept service for
24 the corporation”). However, Mr. Miscavige is not an officer of RTC and has not been designated
25 by RTC as an authorized agent for service of process. [McShane Decl., ¶ 7.] This is a fatal defect.
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27 Those individuals are: “the president, chief executive officer, or other head of the corporation, a
vice president, a secretary or assistant secretary, a treasurer or assistant treasurer, a controller or
28 chief financial officer, a general manager, or a person authorized by the corporation to receive
service of process.”
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1 Gen. Motors Corp. v. Superior Court, 15 Cal. App. 3d 81, 87 (1971) (“designating the wrong person
3 Moreover, Plaintiffs failed to deliver the complaint and summons to a correct service
4 address. The proofs of service Plaintiffs filed claim that they left the summons and complaint with
5 a receptionist at the building located at 6331 Hollywood Boulevard. [Hinks Decl., Exh. A.]
6 However, RTC’s office address is 1710 Ivar Avenue, not 6331 Hollywood Boulevard. [McShane
7 Decl., ¶ 3.] In addition, when the process server arrived at CSI’s building, he announced that he
8 had papers to serve on CSI and made no mention of RTC, in violation of the requirement of Code
9 of Civil Procedure § 415.20(a) that the person with whom papers are left on behalf of a corporation
11 Further, under Code of Civil Procedure § 415.20, service must be made by “delivering
12 process to someone in charge of the office of one of the individuals” enumerated in section
13 416.10(b). Plaintiffs failed to satisfy this requirement and, instead, delivered the papers to the office
14 address of CSI. [Hinks Decl.; Exh. A; McShane Decl., ¶ 3.] This too is a fatal defect. See Dill v.
15 Berquist Construction Co., 24 Cal. App. 4th 1426, 1435-36 (1994) (holding that summons and
16 complaint addressed to the corporation (the party to be served) was defective because it was not
18 Finally, even if Plaintiffs had served the right individual at the right address (and they did
19 neither), service was defective because Plaintiffs failed to complete the alleged service. Code of
20 Civil Procedure § 415.20 states that the summons and complaint must be left “at the office of the
21 person to be served” and then mailed to “the place where a copy of the summons and complaint
22 were left.” Cal. Civ. Proc. Code § 415.20(a). However, despite the perjured proof of service and
23 declaration of mailing, Plaintiffs failed to mail the summons and complaint as required. [McShane
24 Decl., ¶¶ 5-6.]
25 In sum, service did not comply with the service statutes. The Court lacks jurisdiction over
26 RTC. Until proper service upon RTC is effectuated, any further proceedings in this court as against
27 RTC would be “void” See Honda Motor Co., 10 Cal. App. 4th at 1048.
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1 B. The Court Should Sanction Plaintiffs for Their False Proofs of Service and
2 Continuing Abuses
3 In addition, RTC respectfully submits that the Court should sanction Plaintiffs for (1) filing
4 a knowingly defective and false proof of service and declaration of mailing; and (2) Plaintiffs’
5 repeated and continuing abuses of the Court’s processes and failures to comply with Court orders
6 and the Rules of Court. RTC hereby joins in the motions of CSI and CC and fully agree and submit
7 that Plaintiffs should be ordered to pay sanctions under Code of Civil Procedure § 177.5. In
8 addition, Plaintiffs’ nine out-of-state lawyers who have improperly made appearances in this lawsuit
9 should be barred from participating in this action for all of the reasons set forth in CSI and CC’s
10 motions.
11 Further, RTC adds that the proof of service and declaration of mailing filed in respect to
12 RTC are were made and filed in bad faith. RTC’s office address is no secret; it is publicly listed
13 with the California Secretary of State and can be accessed in seconds online. [McShane Decl., ¶ 3.]
14 The same search also identifies RTC’s designated agent for service of process in Woodland Hills.
15 [Id.] Yet, Plaintiffs did not serve RTC at its office address or through its designated agent for service
16 and, instead, chose to file a defective proof of service falsely claiming—as part of their continuing
17 efforts to smear the Scientology religion in the press as discussed further in the CSI and CC
18 motions—that service had been made upon Scientology’s worldwide ecclesiastical leader. [Hinks
19 Decl., Exh. A.] They then filed a false proof of service claiming that the papers had been
20 subsequently mailed when they had not. See Kappel v. Bartlett, 200 Cal. App. 3d 1457, 1464 (1988)
21 (filing false declarations of service is an abuse of the Court’s processes; “[c]haos would result if the
22 legal community could not depend on the truthfulness of declarations of service of process. Public
23 policy requires that it be regarded as serious, with consequences sufficiently adverse to act as
24 deterrence.”).
25 The RTC proof of service and declaration of mailing was filed as part and parcel of group
26 of proofs of service that are outright fraudulent as discussed in the CSI and CC motions. The filings
27 occur in the context of continuing litigation abuses and failures to comply with Court orders and the
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1 IV. CONCLUSION
2 For the foregoing reasons, the Court should grant this motion and joinder and (1) quash the
3 service of summons upon RTC; (2) impose sanctions under Code of Civil Procedure § 177.5; and
4 (3) enter an order striking the appearance of the out-of-state attorneys and refusing to admit them
7 DATED: November 20, 2019 JEFFER MANGELS BUTLER & MITCHELL LLP
ROBERT E. MANGELS
8 MATTHEW D. HINKS
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11 MATTHEW D. HINKS
Attorneys for Specially Appearing Defendant
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1 DECLARATION OF WARREN MCSHANE
2 I, Warren McShane, declare as follows:
3 1. I have personal knowledge of the facts set forth in this declaration, and if called upon
4 as a witness, could and would competently testify thereto. I make this declaration in support of
5 Specially Appearing Defendant Religious Technology Center’s Notice Of Motion And Motion To
6 Quash.
7 2. I joined the staff of Religious Technology Center (“RTC”) in March 1983. In August
8 1983, I became a Director and Officer of RTC and, in 1993, I became RTC’s President. I am also
9 the custodian of RTC’s records and RTC’s Legal Officer responsible for the creation and execution
11 3. RTC’s office address is 1710 Ivar Avenue, Suite 1100, Los Angeles, California
12 90028. That address is listed with the California Secretary of State and can be identified quickly by
14 Secretary of State’s website also identifies RTC’s agent for service of process: Sherman Lenske,
16 4. It has been Church policy since 1966 that all legal, tax, accountancy and government
Jeffer Mangels
17 mail directed to RTC is sent to the Legal Officer immediately upon receipt. This type of mail may
18 not be forwarded to any executive or staff member unless first reviewed by the Legal Officer. I
JMBM
19 have been carrying out the function of Legal Officer for RTC continually since 1983.
20 5. I have read the Declaration of Mailing filed with the Court by Mr. Jeffrey Pink on
21 October 17, 2019 in which he declares under the penalty of perjury that he mailed with First Class
22 Postage the Summons; Complaint; Civil Case Sheet; Civil Case Cover Sheet Addendum And
23 Statement of Location; Notice of Jury Fee Deposit and Notice of Case Management Conference,
24 addressed to David Miscavige at 6331 Hollywood Blvd. Los Angeles, California 90028.
25 6. No mail from Mr. Pink or his company addressed to David Miscavige was ever
26 received by RTC. Given RTC’s long-standing policy described above, had it been the case that the
27 materials described by Mr. Pink were sent by mail to RTC, they would have been immediately
28 routed to me. However, although a month has passed since Mr. Pink purportedly mailed the
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1 materials to RTC, I have not received them or anything else from Mr. Pink. In fact, I have not
2 received any materials in the mail from any person regarding this lawsuit.
3 7. I have also reviewed the proof of service filed by Plaintiffs in this matter. The proof
4 of service indicates that the complaint and summons in this matter were served upon "David
5 Miscavige / Director." Mr. Miscavige is the ecclesiastical leader of the Scientology religion and the
6 Chairman of the Board of RTC. Mr. Miscavige is not, and has never been, an officer of RTC and
7 has not been designated by RTC as an authorized agent for service of process.
8 I declare under penalty of perjury under the laws of the State of California that the foregoing
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1 DECLARATION OF MATTHEW D. HINKS
2 I, Matthew D. Hinks, declare as follows:
4 Jeffer Mangels Butler & Mitchell LLP, attorneys of record for Specially Appearing Defendant
5 Religious Technology Center (“RTC”). I have personal knowledge of the facts set forth herein. If
6 called as a witness, I could and would competently testify to the matters stated herein. I make this
9 2. Plaintiffs filed this lawsuit on August 22, 2019. Plaintiffs allege in their complaint
10 causes of action for alleged stalking, invasion of privacy infliction of emotional distress and loss of
12 RTC.
13 3. On or about October 21, 2019, Plaintiffs filed in this matter a proof of service of
14 summons and declaration of mailing claiming that Plaintiffs had served RTC with the summons and
15 complaint in this matter by substituted service. Attached hereto as Exhibit A is a true and correct
Butler & Mitchell LLP
16 copy of the proof of service of summons and declaration of mailing, which was obtained through
Jeffer Mangels
18 I declare under penalty of perjury under the laws of the State of California that the foregoing
JMBM
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EXHIBIT A
Electronically FILED by Superior Court of California, County of Los Angeles on 10/21/2019 10:44 AM Sherri R. Carter, Executive Officer/Clerk of Court, by W. Moore,Deputy Clerk
POS-010
ATTORNEY OR PARTY WITHOUT ATTORNEY: FOR COURT USE ONLY
Robert Thompson, Esq. (SBN 250038)
Thompson Law Offices
700 Airport Boulevard
Suite 160
Burlingame, CA 94010
X (business) a person at least 18 years of age apparently in charge at the office or usual place of
business of the person to be served. I informed him or her of the general nature of the papers.
(home) a competent member of the household (at least 18 years of age) at the dwelling house or
usual place of abode of the party. I informed him or her of the general nature of the papers.
(physical address unknown) a person at least 18 years of age apparently in charge at the usual
mailing address of the person to be served, other than a United States Postal Service post office box.
I informed him or her of the general nature of the papers.
X I thereafter mailed (by first-class, postage prepaid) copies of the documents to the person to be
served at the place where copies were left (Code Civ. Proc., 415.20). I mailed the documents on
Pagela2
Form Adopted for Mandatory Use
Judicial Council of California
POS-010 [Rev. January 1, 20071 PROOF OF SERVICE OF SUMMONS Job Number AYB-2019001398
PLAINTIFF: Chrissie Carnell Bixler, et al CASE NUMBER:
DEFENDANT: Church Of Scientology International, et al 19STCV29458
6. The "Notice to the Person Served" (on the summons) was completed as follows:
a. as an individual defendant.
b. as the person sued under the fictitious name of(specify):
c. as occupant.
d. X On behalf of(specifA: Religious Technology Center
under the following Code of Civil Procedure section:
416.10 (corporation) 415.95 (business organization, form unknown)
416.20 (defunct corporation) 416.60 (minor)
416.30 (joint stock company/association) 416.70 (ward or conservatee)
416.40 (association or partnership) 416.90 (authorized person)
416.50 (public entity) 415.46 (occupant)
other:
7. Person who served papers
a. Name:Robert Hall
Firm:Are You Being Served?, Inc.
b. Address:1325 Howard Avenue, PMB 507, Burlingame, CA 94010
c. Telephone number: (650) 348-7378
d. The fee for the service was: $78.51
e. I am:
(1) not a registered California process server.
(2) exempt from registration under Business and Professions Code section 22350(b).
(3) I X a registered California process server:
(i) I owner employee X independent contractor.
(ii) Registration No.:6932
(iii) COUnty:Los Angeles
8. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Or
9. I am a California sheriff or marshal and I certify that the foregoing is true and correct.
Robert Hall
(NAME OF PERSON WHO SERVED PAPERS/SHERIFF OR MARSHAL) (SIGNATURE)
Page 2 of 2
1. I, Jeffrey Pink, am at least 18 years of age and not a party to this action.
2. Documents mailed:
Summons; Complaint; Civil Case Sheet; Civil Case Cover Sheet Addendum And Statement Of
Location, Notice Of Jury Fee Deposit, Notice Of Case Management Conference
3. A true copy of the documents were sealed in an envelope and placed in the United States mail with First Class postage
prepaid as follows:
Date: 10/11/2019
Location: Burlingame, CA
Addressed: David Miscavige / Director, 6331 Hollywood Boulevard, Los Angeles, CA
90028 a.e.1,1..pAsS .Vet.)Iro cs,7
5. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date: CO S 12c
Jeffrey Pink
(PRINTED NAME) (SIGNATURE
Page 1 of 1
3 At the time of service, I was over 18 years of age and not a party to this action. I am
employed in the County of Los Angeles, State of California. My business address is 1900 Avenue
4 of the Stars, 7th Floor, Los Angeles, CA 90067-4308.
5 On November 20, 2019, I served true copies of the following document(s) described as
SPECIALLY APPEARING DEFENDANT RELIGIOUS TECHNOLOGY CENTER’S
6 NOTICE OF MOTION AND MOTION TO QUASH SERVICE OF SUMMONS AND FOR
SANCTIONS UNDER CODE OF CIVIL PROCEDURE § 128.5; MEMORANDUM OF
7 POINTS AND AUTHORITIES IN SUPPORT
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1 SERVICE LIST
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Journal Technologies Court Portal
Make a Reservation
CHRISSIE CARNELL BIXLER, et al. vs CHURCH OF SCIENTOLOGY INTERNATIONAL, et al.
Case Number: 19STCV29458 Case Type: Civil Unlimited Category: Other Non-Personal Injury/Property Damage
tort
Date Filed: 2019-08-22 Location: Stanley Mosk Courthouse - Department 57
Reservation
Case Name:
CHRISSIE CARNELL BIXLER, et al. vs CHURCH OF Case Number:
SCIENTOLOGY INTERNATIONAL, et al. 19STCV29458
Type: Status:
Motion to Quash Service of Summons RESERVED
Filing Party: Location:
Religious Technology Center (Defendant) Stanley Mosk Courthouse - Department 57
Date/Time: Number of Motions:
02/05/2020 8:30 AM 1
Reservation ID: Con rmation Code:
241920457728 CR-UPITYJUC8XCJRCQ7D
Fees
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Description Fee
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Amount
TOTAL $446.96
$446.96
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Amount: Type:
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