I, JOSEPH A. YANNY, having personal knowledge of the following hereby declare and state that:
1. I am an attorney at law, duly admitted to practice before the United States Supreme Court, the Supreme Courts of the States of California and Illinois, and numerous other federal courts and administrative agencies. This is the tenth year of my admission to practice law. I am the sole shareholder of the entity known as Joseph A. Yanny, a Professional Corporation, which does business as Herzig and Yanny.
2. I have from time to time, represented the Plaintiffs herein (hereinafter collectively referred to as the "Cult") over the course of several years. My Corporation and I are Defendants herein, along with several of my associates. The Cult asks for equity, but their hands are unclean.
3. One of the basic beliefs of the Cult is the much written about "FAIR GAME" policy which states that an "ENEMY" of Scientology:
May be deprived of property or injured by any means by any Scientologist without any discipline of the Scientologis. May be tricked, sue or lied to or destroyed.A true and correct copy of which is submitted as exhibit A.
4. The Corrolary to this "Fair Game" Doctrine is the "Religious Practice: set forth in the Cults' "Scriptures" known as the "level 0 checksheet" (a true and correct copy which is submitted as exhibit 1) and provides at the page marked as 55:
The purpose of the lawsuit is to harass and discourage rather than to win, The law can be used very easily to harass and enough harassment on somebody who is simply on the thin edge anyway, well knowing he is not authorized, will generally be sufficient to cause his professional decease. If possibly, of course, ruin him utterly.(emphasis added)
That is the purpose of this suit against myself, my firm and my associates. The Cult is so anxious to abuse process that it claims it needs expedited discovery, a special dispensation from the Rules of Discovery intended to allow a Defendant sufficient time to secure and brief counsel.
5. The "Fair Game" doctrine has been discussed at length in numerous litigations including the one entitle U.S. v. Hubbard reported at 474 F. 2d 64 (D.C. .D.C. 1979), its predecessors and its progeny. See e.g.m 572 F. 2d 321, 591 F. 2d 533, 650 F. 2d 293, 668 F. 2d 1238, 436 F. Supp 689, 529 F. Supp. 945. In that case, top executives of the Cult were eventually convicted of crimes including theft of U.S. Government documents, obstruction of justice, and othe "fair game" related activities against the Government of the U.S., a known "ENEMY" of the Cult. See Exhibit 25 and 27 submitted herewith i.e. Sentencing Memorandum and Stipulations of Evidence.
6. As late as 1984, Judge Beckenridge of this Honorable Court, wrote an opinion finding that the infamous "fair game" doctrine was still in full force and effect, barring equitable relief against the defendant in that case, Mr. Gerald Armstrong, who had actually stolen documents from the Cult. A true and correct copy of Hubbard v. Armstrong is submitted herewith as exhibit B.
As Judge Beckenridge stated on page 8 of that opinion:
In 1970 a police agency of the French Government conducted an investigation into Scientology and concluded, "this sect, under the pretext of 'freeing humans' is nothing in reality but a vast enterprise to extract the maximum amount of money from its adepts by (use of) pseudo-scientific theories, by (use of ) 'auditions' and 'stage settings' (lit. to create a theatrical scene) pushed to extremes (a machine to detect lies, its own particular phraseology. .), to estrange adepts from their families and to exercise a kind of blackmail against persons who do not wish to continue with this sect."2 From the evidence presented to this court in 1984, at the very least, similar conclusions can be drawn. In addition to violating and abusing its own members civil rights, the organization over the years with its "Fair Game" doctrine has harassed and abused those persons not in the Church whom it perceives as enemies. The organization is clearly schizophrenic and paranoid, and this bizarre combination seems to be a reflection of its founder LRH. Judicial Notice thereof is requested.
7. I would call the Court's attention to the doctrine of collateral estoppel, best statued by the U.S. Supreme Court in the case of University of Illinois v. Blonder-Tongue Laboratories, 402 U.S. 313, 28 L. Ed. 2d 788, 91 S. Ct. 1434 (1971). I could cite California and Federal authority for the propisition that once policy such as "Fair Game" is established, the burden shifts to the Church to establish "a change in circumstance." However, I do not have the research on the subject nor my notes and copies of cases thereto (they are locked in this Court's jury room.)
8. The Court should also see the case of Allard v. Church of Scientology of California, 129 Cal. Rptr. 797 (2nd Dist. 1976), submitted as exhibit 5 herewith, and the full text of the Stipulations of Evidence in the case of United States v. Hubbard, which sets fourth the various "Religious" practices of the Cult as including:
III. The conspiracy to intercept oral communications, Burglarize and steal and the substantive acts committed pursuant thereto.
VI. The conspiracy to Obstruct Justice, to obstruct an investigation, to harbor a fugitive and to make false declarations before the grand jury.
9. Submitted herewith a collection of exhibits which consist mostly of pleadings, evidence, exhibits, and judges' opinion in legal cases, with the only exceptions being No. 15, a magazine article, and No. 12, complaints filed with the Massachusetts Board of Bar Oversees by the Cult.
These materials are offered to show the chronic nationwide contempt which the Cult has shown for all judicial process, These materials clearly demonstrate that the Cult, according to written policy, will use any means legal or illegal to subvert and frustrate judicial process against them, and will willingly and knowingly abuse judicial process in order to attack perceived "enemies". The victims of these attacks include lawyers, judges, witnesses, and party defendants.
10. The following is a brief characterization of each of the included documents. True and correct copies of the exhibits are submitted herewith to wit:
Exhibit 1: Purpose of a lawsuit. This exhibit includes two items. The first is a magazine article written by L. Ron Hubbard, the founder of Scientology, describing how to use a lawsuit to harass opponents (see page 55). The second one is an internal Scientology document, that was part of the court record in United States v. Mary Sue Hubbard, Cr.No. 78-401 (D.Ct., D.C.). It states that the object of litigation with the I.R.S. is delay
Exhibit 2. "Freedom of Speech Includes Freedom to Malign". This document, written by Jane Kember, includes a blunt description of how knowingly frivolous lawsuits can be used to drive publishers into submission. Kember states that since in the U.S. a person who loses a lawsuit is not required to pay the opponent's cost, frivolous lawsuits are an effective means of imposing unbearable financial burdens on publishers and thereby suppressing publications of materials on Scientology.
Exhibit 3-9 Various cases which the Cult lost including findings of frivolousness with the award of sanctions.
Exhibit 10. Reader Digest Case. The Cult attempted to enjoin the publication of a Reader Digest article in Denmark. The Court held that the suit was without merit and ordered the Cult to pay the Readers Digest Dkr. 2000.
Exhibit 11. Lawsuits against Attorney Michael Flynn and Thomas Hoffman. Attorneys Michal Flynn and Hoffman represented plaintiffs who were suing the Cult. The Cult has sued the attorneys and their employees. This exhibit includes the cover sheets of the suits and two court orders dismissing the suits.
Exhibit 12. Frivolous Bar Complaints. The exhibit includes cover sheets of frivolous bar complaints against attorneys representing plaintiffs who are suing the Cult.
Exhibit 13. Church of Scientology v. Cooper. In this opinion, Federal Judge Hauck describes an incident in which a Cult member was found wandering around in a security area in the Los Angeles Federal Courthouse.
Exhibit 14. Motion to Disqualify. Self-explanatory
Exhibit 15. Article from "American Lawyer". Describes a number of covert operations against judges who were sitting on Cult cases.
Exhibit 16. Investigations of Judges. The three parts of this exhibit describe Cult operations to investigate the personal backgrounds and families of judges deliberating in Scientology cases. These exhibits are internal Cult documents seized by the F.B.I. from Cult headquartets in 1977 and were part of the court records in United States v. Mary Sue Hubbard, supra.
Exhibit 17. Affidavit regarding infiltration. This affidavit of Dennis Quilligan describes the efforts of a Cult lawyer to infiltrate the State's Attorneys office and his successful infiltration of the lawfirm, representing Mayor Cazares, who was then being sued by the Cult.
Exhibit 18. Unsigned Stipulations of Evidence. This lengthy document was the agreed basis for the conviction of the Church's top leaders in Federal Court in Washington, D.C. It includes a variety of criminal actions committed by the Scientologists, including obstruction of justice.
Exhibit 19. Instruction on How to Lie. An internal Cult document containing instructions on how to lie effectively.
Exhibit 20. Instructions on How to Steal Documents. This appaling document is self explanatory. It was seized in the F.B.I. raid. The second part of the exhibit shows full knowledge by Cult officials of ongoing burglaries.
Exhibit 21. More Instructions. Self-Explanatory.
Exhibit 22. "Bulldozer Leak". This document describes an operation to frustrate service of legal process by fraudulent means. This document was seized in the F.B.I raid.
Exhibit 23. Project Quaker. This document describes an operation to obstruct justice by concealing witnesses. Also taken in the F.B.I. raid.
Exhibit 24. Early Warning system. A scheme to frustrate legal process by fraudulent and criminal means. This document was also taken in the F.B.I. raid.
Exhibit 25. Scientology Memorandum. This is a lucid description of the scope of criminal and tortious (sic) activities and abuse of the judicial system by the Scientologists.
Exhibit 26. Lost of Scientology Lawsuits. This exhibit is a partial list of lawsuits brought by the Cult, intended to show the extreme litigiousness of the Cult.
Exhibit 27. The Signed Stipulations referred to in Exhibit 18.
11. I have personal knowledge of the fact that while the Cult claims in the verified complaint, to be religious, this Cult clams to be religious only within those jurisdictions where it is expedient to be so, e.g. the U.S. where there is a tax exempt status for such activities and a first amendment to hide behind when tortious (sic) and criminal activity must be defended. However, I have personal knowledge that in such countries as Israel and many parts of Latin America, where it is not expedient to be a religious organization, (because of a state religion and a prohibition against ownership of property by Religious organizations, Respectively,) "The Cult" claims to be a philosophical Society. I also have personal knowledge of documents which can prove these facts, which documents are in the possession of Thomas Small, Esq, of the firm of McDonald & Halstead, and Cult members such as Alan Cartright and a young lady named "Kirsten" (pronounced-Sher Ston).
12. The Court should also be aware of the verdict in tow recent cases, to wit:
1) Christoffersin (Tichbourne) v. CSC, Hubbard et all, Portland, Oregon decided in 1985 (Case citation in Court's Jury room) (in which a jury awarded Mrs Titchbourne $39 million dollars as a result of the "Fair Game" "Religious" practices directed at her); and the case of 2) Wollersheim v. C.S.X. in LA Superior Court before the Honorable Ronald Swearingger (citation in Courts Jury room) (in which the jury awarded Mr. Wollersheim $30 million as a result of the "Fair Game" "Religious" Practices directed at him)
13. Since the outbreak of hostilities between the Aznarans and the Cult there is additional evidence of continued application of the "Fair Game Doctrine" present in the instant case, to wit:
1) Ms. Karen McRae, one of my alleged co-conspirators herein, after having been visited upon by various attorneys for the Cult (including two phone calls from: Earle Cooley, Esq. and one visit in Dallas, Texas, by a femal attorney from a D.C. firm representing the Cult), was severely beaten by two unknown assailants in Dallas, Texas;Now as to the players:
2) Rick Aznaran, while under surveillance by agents of the Cult, was the object of a hit and run accident in the State of Texas;
3) This past week, Ms. Wilske, my fiancee, was the object of an auto accident involving the collision of the front and the rear of her vehicle, totally disabling it and injuring her;
4) I, on Sunday June 26, 1988, at about 5:00 p.m. was stopped by no less than four local police cars, in the City of Bellaire, Ohio. The police called me by name that they had information that I was in posession of firearms and cocaine (the very same allegations made by the Cult in this case). I was informed by the police that I had two options i.e. to allow my car to be searched or be arrested on the spot. Needless to say, I permitted the car my person and the person of my relative to be searched. Nothing was found. The next day, Monday the 27th of June, the occupants of two out-of-state cars having Pennsylvania plates were questioned by local officials. The occupants, stated that they had me under surveillance since Saturday, June 25, 1988 (before the search by the police), and that they had been hired by a Washington D.C. firm (who represents the Cult) named Williams & Connolly. A full report on this matter is now in the hands of the FBI.
5) At a meeting held in the offices of Howard Weitzman, on June 15, 1988, I was informed by Mr. Weitzman, that this suit need not be filed and "could be handled", if and only if the Aznaran suit would be made to go away.
6) Since I stopped representing the Cult in or about November of 1987, my offices have been broken into on at least three occasions (once with a crow bar), and numerous documents are now missing relating to the cult. These break-ins were conducted a number of months after Mr. Moxon (an unindicted co-conspirator in the United States v. Hubbard case) had 'cased the Joint' under the guise of wanting to rent space from me;
14. As to Mr Vallier, my former associate, an officer of my professional Corporation, and former employee, I state as follows:
a) Mr. Vallier, quit my employment in the month of February on a few days notice;
b) Mr. Vallier is a well known seller of large quantities of cocaine and has been so for years;
c) I am informed by Mr. Vallier that he was first busted and convicted on drug charges at age 17, I am informed that through the aid of his father (a local attorney), he had the matter expunged from his records. Mr. Vallier expressed concern to me during 1986 that he was being blackmailed by the Cult. he stated that the Cult had confronted him with thefact of his prior drug conviction as a minor, a fact that was not public knowledge.
d) I have personally seen Mr. Vallier in possession of large quantities of cocaine which he stated was intended for resale; and he also stated that selling drugs was his way of supporting his own habit and supplementing his income;
e) Mr Vallier has stated that he had been a supplier of cocaine to other known enemies of the Cult while he was in la school;
f) Mr Vallier stated before departing my good offices that he had been an "operative" for the Cult in obtaining information from inside the offices of Charles O'Reilly, through an old "cuddle" (as he called her), whom I recall he identified as "Mary", stating that she was one of the O'Reilly attorneys' secretary. Mr Vallier further stated that he supplied "Mary" with cocaine. With respect to the O'Reilly operation, Mr Vallier stated to me that he was "run" by Warren McShane.;
g) There currently exists a dispute between Mr Vallier and myself as to fees earned. It took Mr Vallier three times to pass the California Bar Exam.
15. Ms Peti;
a) Worked for me from April 1987, (the time when the Aznarans made an escape from a secret cult prison location in the desert known as "Happy Valley") until shortly before, the institution of this action. She was emotionally distraught, a heavy substance abuser, and possessed of an extreme weight problem. She was also a lover of Thomas Vallier with whom she spent the night during a visit to Oregon which we took in the Summer of 1987,
b) I am within the last week, informed by a Mr. Waysman that she was a former secretary of his and a key witness in a disciplinary proceeding which resulted in the 1986 published case of Waysman v. State Bar of California, 224 Cal. Rptr. 101 (Cal.1986), involving allegations of drinking and drug abuse. I am informed by Mr. Waysman, that Ms. Peti, worked for him only three weeks before running off with money and testifying to things she could have no knowledge of.
c) I know believe that Ms. Peti, was recruited to infiltrate my organization as a plant at about the time of the criminal incarceration of Vicki Aznaran, in early 1987, by the Cult because of Peti's peculiar experiences as witness in the Waysman case (see exhibits 17 & 20.)
d) Prior to departing my offices, Ms. Peti had numerous financial misfortunes, was sued for divorce by her estranged husband, (the law clerk referred to in the Waysman case), and was heavily using alcohol and drugs (which she stated she obtained from Mr. Vallier, who she was regularly seeing after she left my employment).
16. As to Mr. Warren McShane, I state that he has informed me that he was a high ranking operative in the "G.O.", during the days which saw the events which resulted in the United States v. Hubbard convictions. His tendencies toward criminal behavior and disregard for the law were the subject of many complaints by me to Mrs Vicki Aznaran prior to her incarceration in the dessert by the Cult. It was this tendency to criminality that resulted in his removal from his post and apparently gave rise to his current grudge match against me. I was informed by Mr. McShane the he was running plants in the inner circle of one David Mayo and that he was "culling" confidential confessional folders of cult members (known as "P.C. folders") to gain information that would be used against them as blackmail or for impeachment purpose. I personally observed this culling and objected to it.
17. As to Mr Moxon, I state that: Prior to his completing law school, he was one of numerous unindicted co-conspirators in the case of United States v. Hubbard.
18. Mr Cooley (who in his last two outings for the church lost a $39 million dollar verdict in Oregon and another $30 million verdict in L.A.) has personally ordered the destruction of evidence relating to Cult litigation in my presence. These orders were given to Warren McShane and Mark "Marty" Rathburn
19. I was hired by Mrs. Aznaran in 1984 to represent the Cult in trade secret, copyright and trade mark litigation matters.
20. I am informed and therefore believe, that sometime in early 1987, Mrs. Aznaran was abducted and taken to a "Johnestown-like" camp known as "Happy Valley". As far as I know, she just disappeared. It was not until many months later that Vicki, a personal friend, found the courage to initiate contact with me.
21. Prior to talking with Vicki, after her abduction, a number of extremely troubling occurrences happened involving my representation of the Cult; to wit:
a) Sometimes in April or May 1987 I was summoned to a meeting on the 4th floor of the Cult headquarters in L.A. and at that meeting were many high ranking officials of the Cult including, Linda Hamel (Director of Covert Intel operations), "Marty" Mark Rathburn. and an indistinguished cast of others. The subject matter of the meeting was to be "The Catholic Conspiracy and Charles O'Reilly." At the meeting it was explained that Catholics were the enemies of the Cult and that Charles O'Reilly was their best hit man. (O'Reilly had recently obtained a $30 million dollar verdict against the Cult in Wollersheim and previously tried the Allard case). Mr O'Reilly (whom I have personally sued for the Cult, obtaining an injunction against him in Federal Court), despite his human tendencies, remains one of the few lawyers in this country with the skill and courage to meet the Cult head on, beat it and not sell out. Since he didn't have a price, it was explained by Mr Rathburn that he must be handled through blackmail. Three private investigators were present at that meeting. I do not remember their names. I and the others were told by "Marty" Rathburn, that on the orders of David Miscavige (the successor of the L. Ron Hubbard as the head of the Cult), that the medical records of O'Reilly were to be stolen from the "Betty Ford Center" and another location in Santa Barbara to show that he was using cocaine, discredit him, and possibly blackmail him into easing off on his 30 million dollar verdict now on appeal. I objected to this as illegal and an alternative plan was quickly arrived at to "settle my nerves". Within days, I informed the Cults' chief lawyer, John Peterson, that I wanted to substitute out of the cases in which I represented the Cult. Soon thereafter Mr. Peterson died. I substituted out as quickly as possible thereafter.
b) I also became aware of numerous "cullings" of P.C. folders by Cult members. I was actually given P.C. folder data to prepare for depositions of former members. Again I objected. The confidential materials were put in "prep packs". When I objected to this practice, I was told by Mr. McShane and a Mr. Ryerson that this was standard practice in the Cult. I again offered my resignation as their counsel. Within weeks, the prep packs were removed from my office by a team of Cult members headed by a Mrs Joyce van Dyke. Prior to the break-ins into my office, I received receipts for the prep packs as they were turned over to the Cult team. I have not been able to locate them.
c) There was also wholesale destruction of evidence, theft of documents from private persons and attempts to infiltrate the Court chambers of Judges Lilly and Swearinger.
d) This is but the top of the iceberg. Many of the documents in this Court's Jury Room show recent attempts by this Cult to infiltrate courthouses, U.S. government contractors such as Honeywell in Phoenix, to find out what classified projects these contractors were getting from the "Rockefellers" and the "DOD" and other "enemies of mankind".
e) I was also informed of a Cult-organized group of vigilantes known as the "minutemen" who were to go beat up dissidents and had in fact done so. I retained no originals of any documents that belong to the Cult, I simply retained copies, which I am permitted to do. The enscrypting diskettes for the Cult computer, were turned over to them prior to the break-ins in my office.
f) I also became aware of a plot to obstruct Justice or at least perpetuate a fraud to the Courts in the form of settlement agreements of numerous pieces of Cult litigation, which required that lawyers never take litigation against the Cult in the future, that no-one (lawyers or parties) testify against the Cult, and that all evidence and files be turned over to the Cult for destruction.
g) Additionally, I became aware that witnesses such as Bill Franks and others signed contracts to keep quiet about what they knew. In other words they were paid hush money,
22. I never engaged in the representation of the Aznarans or Mr Corydon, nor did I impart any confidential "privileged information to them." We have one thing in common, a common criminal enemy -- the Cult -- who the governments of this country have allowed to physically beat its citizens, to betray their confidences, ignore their civil right and use the Judicial System to Destroy them.
23. That I had a difficult time sleeping knowing what I knew, having represented this criminal Cult -- I readily admit.
24 From the time I wanted to substitute out of the Cult cases until present, the Cult failed to make payments for services rendered, A deep dispute arose, when questioned by Cult member Carol Martiniano about who would have facts to support my contentions regarding the fee dispute, I informed her Vicki and others would know. Within a few days Vicki called me to tell me that she had received threats from Earle Cooley on the phone, that she better not remember the facts the way she was stating them or she would be sued by the Cult. At that time Vicki informed me of the facts surrounding her incarceration and denial of medical treatment at "Happy Valley". I informed her that she had a potential statute of limitation problem, that I probably should not represent her, but would help her find a lawyer. I told her that she had a place to stay if she wanted one -- my home. She, her husband and Ms. McRae came to my home, found a lawyer and sued. To this day, I haven't seen her full complaint, and no one in my office drafted any part of it.
23. It was my determination that I had no conflict of interest in the Aznaran matter, but in order to best serve the Aznarans' interest, they should find other council -- so the matter could be resolved on the merits, not by default or attrition.
26. As a result of Vicki's visit, I met Mr. Corydon, Vicki's friend. I began to gather evidence for my conflict with the Cult since the storm clouds were gathering. I had read Mr. Corydon's Book L. Ron Hubbard - Messiah or Madman, before meeting Mr. Corydon, found the book both frightening and interesting, and submit the same as exhibit 28. I recommend it to the court's attention.
27. Most of the alleged facts set forth in the Declaration of Peti are outright lies. It is true that Mrs. Peti worked for the firm of Herzig & Yanny for a little more than a year. When she quit, she left in the middle of a business day and never returned, contrary to her statement that she came back to the from from time to time and that I made damaging statements to her.
28. In addition to the above, it is also true that my office has copied the work performed on behalf of the plaintiffs and the work performed by other offices to which our office responded on behalf of plaintiffs. We have retained those copies. It is further true that our office has retained the complete diskettes that contain the work that the Herzig & Yanny firm did for the plaintiffs, most of which has been filed and is therefor subject to public inspection. I have also received communications from plaintiffs containing material which indicates that they were engaged in criminal activity. I retained copies of those documents in order to establish that these criminal activities are such as to constitute a waiver of the attorney-client privilege and also establish that this lawsuit and their conduct towards me in initiating it are a part of a common purpose and plan carried out by the plaintiffs against all those people who leave their employment or who leave their church. It is necessary for me to retain those copies to properly defend myself in this action.
29. I have had no opportunity to get fully informed advice from my attorney, or from any attorney, as to what I should do with the copies that I have formerly retained, which are now held by this Court. I believe that those documents will indicate that the plaintiffs have participated in a consistent conspiracy to obstruct justice and to perpetuate fraud upon the Court and that by reason thereof, and by reason of the provisions of California Evidence Code paragraph 956, such information is not subject to any privilege whatsoever.
30. Addressing myself to certain of the specifics of the Dorothy Ann Peti Declaration, my comment is as follows:
At no time did I instruct Dorothy Ann Peti or anyone else in the employment of Herzig & Yanny to inflate the billable hours for the plaintiffs, or to any other clients of the office. With reference to Thomas R. Vallier, on numerous occasions, I informed Mr. Vallier that he was either incompetent or had lost sight of the true hours spent on the job, and that I could not bill the client the hours shown on his timesheets, and I drastically reduced the hours billed to the clients.
31. It is absolutely false that I charged Lisa Wilske's time at other than her normal rate, which ran from various time at $40 per hour, $75 per hour, and later, when she finished law school and became an attorney, at $125 per hour.
32. It is not true that Lisa Wilske or anyone else ever asked Ms. Petti to attend any proceedings at the home of Joseph a. Yanny and give an "impression" of conversation with any individuals. Most of the time that Ms Peti was "at" my home was actually spent at a local bar called the "Poopdeck" and, on at least one of the days that she referred to, she called us to come and get her because she was so drunk that she was afraid to leave the bar by herself. On one of those occasions, she bought me a shirt containing an advertisement of the bar, which is still owned by the Declarant.
33. I knew Vicki Aznaran because she had been the president of Religious Technology Center, one of the plaintiffs herein, during the time that I represented the plaintiffs. After Ms. Aznaran left the Church, and after I terminated my professional relationship with the plaintiffs, I had numerous conversations with her, and she advised me that she had terminated her relationship with the plaintiffs and that she had been, in effect, kidnaped and taken to the desert, deprived of medical care, forced to go on marches, and finally was able to escape. She said that she was going to come over and discuss the matter with me. During one of the weekends at my home, in addition to the social pleasantries that were exchanged, she asked me if i could represent her in suits against the Church; I stated that I would have to review the matter.
34. At that time, I had heard of Mr. Corydon, but I had not met him until he came to visit with Vicki at my home in Hermosa beach. I had known that he had written the book L Ron Hubbard -- Messiah or Madman ?, and that the plaintiffs were extremely angry with him over writing the book, but I knew little about him. At no time did Mr. Corydon tell me he did not have financial resources to hire an attorney. At no time did I discuss those lack of funds or Lisa Wilske's prior participation with the plaintiffs, nor did I ever offer to have Ms. Wilske, or anyone in my office, represent Mr. Corydon. At no time did I have Lisa Wilske or Richard Wynne or anyone else in my office research any issues concerning the Aznaran complaint. The only research that was done was by Lisa Wilske and Mary Grieco as to the propriety or possibility of our firm representing someone adverse to the plaintiffs. For many reasons, I decided it would be inappropriate to represent the Aznarans.
35. Neither I nor anyone else in the office of Herzig & Yanny to my knowledge drafted any portion of the planned or actual Aznaran Complaint, and it is an absolute lie (as is most of the Declaration of Peti) that I was present during the filing of that complaint. It is also not true that I imparted any confidential material, or any material whatsoever, to the firm of Cummins & White or to any of its members to assist them in the preparation of the Aznaran Complaint.
36. It is true that a stack of documents were brought to my home on one of the dates referred to in the Peti Declaration. These documents related to the break-in of government offices by agents of the plaintiffs in 1977 or 1978 which resulted in an action brought by the United States against the plaintiffs, and resulted in nine of the top executives of the Cult, including the wife of L. Ron Hubbard, being convicted and sent to spend time in the Federal penitentiary.
37. I felt they were relevant to my impending suit with the Cult in light of the numerous break-ins to my quarters. The fanciful story told by the petitioner in paragraph 21 on page 6 and 7 of Ms. Peti's Declaration is not only false, but it is intended to create an impression which Ms. Peti knows is false. The fact of the matter are absolutely to the contrary. Ms Peti is well aware that the motion she refers to was prepared by the Church at their own offices and was brought to me by Thomas Vallier at Court when I was present during another matter. I read the documents and refused to sign them. I said that they were wrong and were not to be served. I told Mr. Vallier that they were wrong and were not to be served, and he left. If I had known that they had been served, I would certainly have sent out a "notice of non-hearing." I first learned that the documents had been served when I received the motion for sanctions. I inquired of Ms. Peti, and she told me that she had received a call from the Church and that they had told her that I had advised them that she should serve the documents. I told her that that was absolutely false. The church insisted that I oppose the motions for sanctions and I did.
38. At no time did I lecture or otherwise inform Corydon or anyone else concerning the actual facts about the plaintiffs' "weaknesses." I was advised and learned of some of those weaknesses, but that knowledge was one of the things that persuaded me not to represent the Aznarans in their suit against the plaintiffs.
39. It is true that, after Vicki Aznaran told me the facts of her imprisonment by the plaintiffs, I told her that she might have a statute of limitation problem and that if she was going to bring an action she had better be careful of the time limitations. I also told her that I would recommend some attorneys she could go to. She told me that there had been numerous agreements between the Church and numerous attorneys and witnesses wherein they had agreed not to represent anyone who had an interest adverse to the Church and the witnesses agreed not to testify for anyone who had a cause of action against the Church.
40. I have never seen the full Aznaran Complaint. I am not aware of it ever coming to the office of Herzig & Yanny. I was not aware that this was a possibility until my attorney read that portion of the Ms. Peti statement to me on June 26, 1988, paragraph 24 of the Peti Declaration. Under no circumstances did I assist in the preparation of any Complaint by Aznaran against the Church.
41. The declaration of Vicki Aznaran concerning the retaining fee dispute that I presently have with the plaintiffs came in some time prior to any meeting that I had with the Aznarans. That Declaration was taken from my office during one of the many break-ins to my office following my termination as attorney for the Church. During one of those break-ins, which was accomplished by the use of a crowbar, my individual office was broken into as well.
42. Paragraph 28 of Ms. Peti's declaration is absolutely false, and Ms. Peti must know that it is false. Ms. Peti had nothing to do with the billing at our office. If she had taken the time to make an investigation of that billing, she would have discovered that all of the billing for Lisa Wilske, whether for the Church or any of the clients, was billed at Ms. Wilske's regular rate, and was never billed at Yanny's higher partner rate.
43. The allegations of paragraph 21 in Ms. Peti's Declaration are vicious and false, and are nothing but deliberate lies intended to place me in a bad light before this court.
44. At this point, I have not had sufficient opportunity to review the extensive documentation filed by the Cult in support of the pending Application.
45. As to the Declaration of Mr. Vallier, I can only state that the contents of paragraph 2, appear to be generally correct but the contents of paragraph 3 and 4 are out right perjury. As to paragraph 5, I can only state that there was a break-in into my offices, I have no knowledge of what others believe or stated, that I staged no break-in. The balance of Mr. Vallier's paragraph 5 is a lie. As to paragraph 6 and 7 of Mr. Vallier's Declaration, I can only state that both Peti and Vallier (who are now on the Cult's payroll) are Liars and the implications are false. As to paragraph 8, I did withdraw as counsel and executed substitution of attorney papers which were delivered to the Cult representatives for filing in Court. As to the contents of paragraph 9, 10, 11, 12 and 13, I can only state that there was no "conspiracy," and I have no knowledge of Mr. Vallier's conversations with Messrs.. Wynne and Grabowski, and that his alleged conversation with me is a figment of his tortious imagination. The contents of paragraph 14 are also false.
46. As to the Declaration of Warren McShane, I can state that as to:
a) paragraph 3, 4, 5, 6, - the contents are false as far as I know. I never met McShane until 1984.
b) The contents of paragraph 7 appears to be generally correct;
c) I have no recollection of the allegations made in paragraph 8 or 9 of the McShane Declaration, and all my files are with this Court;
d) The contents of paragraph 10 appears to be generally correct, except that the dates, and I did represent the Cult in the litigation specified in paragraph 11.
e) As to paragraph 12 and 13, I can only state that Vicki Aznaran was and is my friend (a concept you will not find discussed in the Cult writings of L. Ron Hubbard). In 1985, I was given a $150,000. non-refundable retainer, "For 1985" not to be applied against billings, as an inducement to begin working nearly full time for the Cult as "co-ordinating attorney". I did submit bills regularly and none of the 1985 retainer was applied against billings. The remainder of paragraphs 13, 14, 15, 16, and 17 are untrue except that I did often reduce my bills to compensate for the quality of work done by Vallier, who needed three tries to pass the Bar Exam.
f) As to the contents of paragraph 18-24, I can only state that I have had correspondence with Mr Weitzman, but the balance is either untrue, distorted, or not in my memory banks or records.
At no time have I ever conspired with anyone to disclose, nor have I disclosed, nor do I intend to disclose any privileged information pertaining to the plaintiffs in this lawsuit which was obtained during the course of the prior attorney-client relationship between Plaintiffs and Defendants. I do not intend during the course of this lawsuit, nor at any time hereafter, to aid, counsel, or otherwise participate in the legal representation of Vicki J. Aznaran, Richard Aznaran, and Bent Corydon regarding their lawsuits with the Plaintiffs.
I hereby declare under penalty of perjury under the laws of the State of California that all of the above is true and correct except as to those matters stated on information, and as to those matters I believe them to be true.
Executed at Los Angeles, California on this 13th day of July, 1988
Joseph A. Yanny