DECLARATION OF DANIEL A. LEIPOLD
I, DANIEL A. LEIPOLD, declare as follows:
1. I am an attorney at law duly licensed to practice
before all the courts of the State of California.
2. I have personal knowledge of all facts contained within
this declaration, except those stated on information and belief,
which I believe to be true. If called to testify to any facts
contained within this declaration, I could and would be
competently able to do so.
3. I am a partner in the law firm of Hagenbaugh & Murphy,
attorneys of record herein for Lawrence Wollersheim. Hagenbaugh
& Murphy also represented Lawrence Wollersheim at the trial court
level and all appellate court levels in Church of Scientology v.
Lawrence Wollersheim (1996) 42 Cal.App.4th 628.
4. In addition, my firm represents Mr. Wollersheim in the
United States District Court for the District of Colorado in
Bridge Publications, Inc., v. FACTNet, Inc., et al., Case Number
95-K-2143. For the Court's convenience I have prepared a chart
entitled "Wollersheim Litigation History" which is appended to
this motion (Exhibit "H"). It sets forth in abbreviated form a
synopsis of the history of the five "Wollersheim cases."
5. In addition to my experience defending the "Wollersheim
cases", I have also defended the Cult Awareness Network
(hereinafter "CAN") in dozens of cases filed in state and federal
court by members of the Church of Scientology who I am informed
and believe were "fronting" these frivolous lawsuits for the
Office of Special Affairs of Scientology. See, Hart v. Cult
Awareness Network (1993) 13 Cal.App.4th 777, 16 Cal.Rptr.2d 705.
6. Through the defense of the "Wollersheim cases" and the
"CAN cases" I have become familiar with Scientology's litigation
tactics. The Church of Scientology is no more and no less than
litigation terrorists. It uses serial litigation to hound its
"enemies" into oblivion or as L. Ron Hubbard, founder of
Scientology has stated, to "utterly destroy" them (Exhibit "G").
Scientology simply goes from one specious lawsuit to the next
using "acceptable truths" (i.e., false triable issues of fact) to
sustain the suits as long as possible. They don't care if they
lose - they don't care if they're sanctioned - they simply need
to sustain the serial litigation from their tax exempt resources
until their "enemies" "sue for peace" or collapse.
7. Attached hereto are the following documents:
Exhibit "C" - A true and correct copy of the reporter's
transcript of proceedings dated December 11,
1997, reflecting oral argument on appellant's
motion to vacate before the Honorable John P.
Shook, Judge of the Los Angeles Superior
Court.
Exhibit "E" - A true and correct copy of the reporter's
transcript of proceedings dated April 11,
1997, post-appeal proceedings in Church of
Scientology of California v. Wollersheim, Los
Angeles County Superior Court Case Number
BC074815, the Honorable Alan G. Buckner,
presiding.
Exhibit "H" - A true and correct copy of Scientology's
"secret settlement agreement" of October 1,
1993, with the Internal Revenue Service which
was downloaded from the Wall Street Journal's
website.
Exhibit "I" - A true and correct copy of the extraordinary
declaration of the Honorable James M. Ideman
dated June 17, 1993, filed in the
Wollersheim/Scott case (Wollersheim II, RTC
and CSI v. Wollersheim, 971 F.2d 364
consolidated with Dist.Ct. action RTC, et al.
v. Robin Scott, et al., Civil Action 85-
711MRP).
8. Whenever I have argued that the corporate structure of
Scientology was a "sham" it has repeatedly been Scientology's
argument that it could not conceivably be a sham as the IRS had
thoroughly investigated Scientology and granted it tax exempt
status, thus approving the reality of its corporate structure.
Exhibit "H" is a true and correct copy of the "secret settlement
agreement" between Scientology and the IRS. This agreement only
became public on December 30, 1997, when the Wall Street Journal
published an article. Review of this agreement substantiates
every argument I have ever made that the corporate structure of
Scientology is a sham. The "secret settlement agreement"
(Exhibit H), sets up a Church Tax Compliance Committee to act
ultravires of the corporate lines of 114 separate corporations to
insure compliance with the corporations' obligations to the IRS.
Both the IRS and Scientology implicitly recognize the sham nature
of Scientology's corporate structure and the ability of RTC's
Chairman of the Board, David Miscavige to control all activity
within Scientology.
9. The declaration of James M. Ideman has been attached
hereto to illustrate that this Court is by no means alone in its
holdings with reference to abusive Scientology litigation
tactics.
10. I have no intention of depriving RTC or CSI of their
appellate rights herein, nor do I have any intention of depriving
them of their due process rights. However, I request that the
Court grant this motion to expedite this appeal so that the
expense and delay of the litigation process cannot be used by
Scientology to further abuse Mr. Wollersheim and make a mockery
of the civil litigation system.
11. I have attached hereto a proposed scheduling order for
consideration by the Court.
I declare under penalty of perjury that the foregoing is
true and correct.
Executed this day of February, 1998, at Orange,
California.
DANIEL A. LEIPOLD

