ROBERT J. CIPRIANO

c/o GRAHAM E. BERRY (SBN 128503)

LAW OFFICES OF GRAHAM E. BERRY

1223 Wilshire Boulevard

Box 1028

Santa Monica, California 90403

Telephone: (310) 395-4800

Facsimile: (310) 393-4507

Plaintiff Pro Per

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES

GRAHAM E. BERRY, Plaintiff, vs. ROBERT J. CIPRIANO, et al., Defendants. ______________________________________ AND CONSOLIDATED CASES ______________________________________ Case No. BC 184 355 186 168 196 402 JOINDER AND OPPOSITION OF DEFENDANT ROBERT J. CIPRIANO IN SUPPORT OF PLAINTIFF GRAHAM E. BERRY'S OPPOSITION TO PETITION TO FIND GRAHAM E. BERRY TO BE A VEXATIOUS LITIGANT; REQUEST FOR CONTINUANCE OF HEARING Date: August 20, 1999 Time: 8:30 a.m. Dept: 35 Discovery Cutoff: None Motion Cutoff: None Trial Date: None

TO THE HONORABLE COURT AND TO ALL COUNSEL OF RECORD:

Defendant ROBERT J. CIPRIANO hereby files this Joinder in Support of Plaintiff's Opposition to Petition to Find Graham E. Berry to be a Vexatious Litigant.

This Joinder in Support of Plaintiff's Opposition is based upon Plaintiff's Opposition papers and the Declaration of Robert J. Cipriano and Exhibits attached hereto.

This Joinder is also supported by the motion Plaintiff will file prior to the hearing herein for: (1) an order to show cause why the named Defendants and their counsel herein should not be held in contempt; (2) sanctions pursuant to C.C.P. 128.5 and 128.7, including monetary sanctions, evidentiary sanctions, and terminating sanctions; (3) vacation of all pleadings and papers filed by the named Defendants and the orders issued herein as a result thereof; (4) disqualification of all counsel for the named Defendants herein; (5) request for referral of the relevant matters to the United States Attorney, the District Attorney and the California State Bar.

This opposition is further based upon the declaration and exhibits attached hereto as Exhibit "A".

As set forth in paragraph 3 of my declaration, dated July 13, 1999, and attached hereto as Exhibit "A", I am terrified of what Eugene Ingram and Kendrick Moxon and others involved with the Church of Scientology may do to me, as soon as they are aware of my truthful testimony herein. Accordingly, I have delayed filing this opposition and Joinder until more appropriate arrangements can be made for my personal security and safety, and my cooperation with law enforcement authorities in connection with Defendants and their counsel's criminal conduct as set forth in my declaration and exhibits attached hereto as Exhibit "A".

Accordingly, I request that the hearing on my former counsel's petition to find Graham E. Berry to be a vexatious litigant be continued until such time as it can be

determined concurrently with Plaintiff's soon to be filed motion for an order to show cause re contempt, as set forth above.

DATED: August 12, 1999 Respectfully Submitted By:

__________________________

ROBERT J. CIPRIANO

Defendant Pro Per

PROOF OF SERVICE

STATE OF CALIFORNIA )

) ss.

COUNTY OF LOS ANGELES )

I am employed in the County of Los Angeles, State of California. I am over the age of 18 and not a party to the within action; my business address is 1223 Wilshire Boulevard, Box 1028, Santa Monica, California 90403/

On August 11, 1999 I served the foregoing document described as JOINDER AND OPPOSITION OF DEFENDANT ROBERT J. CIPRIANO IN SUPPORT OF PLAINTIFF GRAHAM E. BERRY'S OPPOSITION TO PETITION TO FIND GRAHAM E. BERRY TO BE A VEXATIOUS LITIGANT , on interested parties in this action by placing true copies thereof, enclosed in sealed envelopes, addressed and distributed as follows:

[SEE ATTACHED SERVICE LIST]

[] By Facsimile: I served the above described document(s) to the interested parties listed on the attached Service List herein. A copy of the transmission confirmation report(s) are attached hereto.

[XX] By Mail: I am readily familiar with the firm's practice of collection and processing of correspondence for mailing. Under that practice it would be deposited with the U.S. Postal Service on that same day with postage fully paid at Los Angeles, California in the ordinary course of business. I am aware that on motion of party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing affidavit.

[] State. I declare under penalty of perjury, under the laws of the State of California, that the above is true and correct.

Executed this 11th day of August, 1999, at Los Angeles, California.

SCOTT A. MAYER _________________________

TYPE OR PRINT Scott A. Mayer

SERVICE LIST

Berry v. Miscavige, et al.

LASC Consolidated Case Nos.

BC 184355, 186168 and 196402

Kendrick L. Moxon, Esq. Helena Kobrin, Esq. Moxon & Kobrin 6255 Sunset Boulevard, #2000 Los Angeles, CA 90028-6329 Fax: (323) 993-4436 Monique E. Yingling Zuckert, Scoutt & Rasenberger LLP 888 17th Street NW Washington, D.C. 20006-3309

Michael Turrill, Esq. Paul, Hastings, Janofsky & Walker LLP 555 South Flower St., 23rd Floor Los Angeles, CA 90071-2371 Fax: (213) 627-0705 Elliot J. Abelson 8491 Sunset Blvd., Suite 1100 Los Angeles, CA 90069-1911

David Chodos, Esq. James Martin, Esq Simke Chodos 1880 Century Park East, #1511 Los Angeles, CA 90067 Fax: (310) 203-3866 William T. Drescher 23679 Calabasas Road, Suite 338 Calabasas, CA 91302

Samuel D. Rosen, Esq. Paul, Hastings, Janofsky & Walker LLP 399 Park Avenue, 31st Floor New York, NY 10022

GRAHAM E. BERRY (SBN 128503)

LAW OFFICES OF GRAHAM E. BERRY

1223 Wilshire Boulevard

Box 1028

Santa Monica, California 90403

Telephone: (310) 395-4800

Facsimile: (310) 393-4507

Attorney for Plaintiff

MICHAEL P. PATTINSON

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES

MICHAEL PHILLIP PATTINSON, Plaintiff, vs. CAPTAIN DAVID MISCAVIGE, an individual; MARY SUE HUBBARD, an individual; THE SEA ORGANIZATION, a California unincorporated association; CHURCH OF SCIENTOLOGY INTERNATIONAL, a California Corporation; RELIGIOUS TECHNOLOGY CENTER, a California Corporation; CHURCH OF SPIRITUAL TECHNOLOGY, a California Corporation; BUILDING MANAGEMENT SERVICES, a California Corporation; and DOES 1 through 100, inclusive, Defendants. Case No. BC 207364 NOTICE OF RULING ON EXCESS PAGE BRIEF Date: August 19, 1999 Time: 9:00 a.m. Dept: 45 ACTION FILED: March 19, 1999 Trial Date: None Discovery Date: None Motion Cutoff: None

1. Upon hearing Plaintiff's oral request to file a 25 page Moveant's Memorandum in Support of Plaintiff's [Proposed] Combined Motion for: An Order to Show Cause Why the Named Defendants and Their Counsel Shall Not Be Held in Contempt;

2. Sanctions pursuant to C.C.P. 128.5 and 128.7, including monetary sanctions, evidentiary sanctions and terminating sanctions;

3. Vacation of all pleadings and papers filed by the named Defendants, and the Orders issuing as a result thereof;

4. Disqualification of all counsel for the named Defendants herein;

5. Request for reference to the United States Attorney, the District Attorney and the State Bar of California and New York, and GOOD CAUSE APPEARING THEREFORE, the Court ruled that Plaintiff may file an excess page brief as requested above.

\Dated: August 11, 1999

_______________________________________

Judge of the Superior Court

PROOF OF SERVICE

STATE OF CALIFORNIA )

) ss.

COUNTY OF LOS ANGELES )

I am employed in the County of Los Angeles, State of California. I am over the age of 18 and not a party to the within action; my business address is 1223 Wilshire Boulevard, box 1028,

Santa Monica, California 90403

On August 11, 1999 I served the foregoing document described as, NOTICE OF RULUBG RE EXCESS PAGE BRIEF on interested parties in this action by placing true copies thereof, enclosed in sealed envelopes, addressed and distributed as follows:

[XX ] By Facsimile: I served the above described document(s) to the interested parties listed on the attached Service List herein. A copy of the transmission confirmation report(s) are attached hereto.

[XX ] By Mail: I am readily familiar with the firm's practice of collection and processing of correspondence for mailing. Under that practice it would be deposited with the U.S. Postal Service on that same day with postage fully paid at Los Angeles, California in the ordinary course of business. I am aware that on motion of party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing affidavit.

[XX] State. I declare under penalty of perjury, under the laws of the State of California, that the above is true and correct.

Executed this 11th day of August, 1999, at Los Angeles, California.

SCOTT A. MAYER _________________________

TYPE OR PRINT Scott A. Mayer

SERVICE LIST

CAPTAIN DAVID MISCAVIGE & RELIGIOUS TECHNOLOGY CENTER:

Samuel D. Rosen, Esq.

Paul, Hastings, Janofsky & Walker,

Thirty-first floor,

399 Park Avenue,

New York, New York 10022-4697

(212) 318-6000 (Office) (212) 319-4090 (Fax)

Michael Terrill, Esq.,

Paul, Hastings, Janofsky & Walker,

Thirty-third floor,

555 South Flower Street,

Los Angeles, CA 90071- 2371

(213) 683-6000 (Office) (213) 627-0705 (Fax)

MARY SUE HUBBARD:

Mary Sue Hubbard

6331 Hollywood Boulevard,

12^{th Floor,}

^{Los Angeles, CA 90027}

^{Eric M.Lieberman, Esq}

^{Rabinowitz, Boudin, Standard, Krinsky}

^{& Lieberman,P.C.,}

^{740 Broadway, Fifth Floor,}

^{New York, New York 10003}

^{(212) 890-6611 (212) 674-4614 (Fax)}

^{THE SEA ORGANIZATION:}

^{Law Offices of}

^{Elliot Abelson, Esq.,}

^{8491 West Sunset Boulevard}

^{Suite 1100}

^{Los Angeles, California 900069}

^{(323) 960-1935 (323) 650-0464 (Fax)}

^{CHURCH OF SCIENTOLOGY INTERNATIONAL:}

^{Kendrick L. Moxon, Esq.,}

^{MOXON & KOBRIN,}

^{3055 Wilshire Boulevard}

^{Suite 900}

^{Los Angeles, California 90010}

^{(213) 487-4468 (213) 487-5385 (Fax)}

^{Eric M.Lieberman, Esq}

^{Rabinowitz, Boudin, Standard, Krinsky}

^{& Lieberman,P.C.,}

^{740 Broadway, Fifth Floor,}

^{New York, New York 10003}

^{(212) 890-6611 (212) 674-4614 (Fax)}

^{CHURCH OF SPIRITUAL TECHNOLOGY:}

^{Monique E. Yingling, Esq.}

^{Zuckert ,Scoutt & Rasenberger,LLP}

^{888 Seventeenth Street, NW}

^{Washington, DC 20006-5509}

^{(202) 298-8660 (Office) (202) 342-0683 (Fax)}

^{BUILDING MANAGEMENT SERVICES:}

^{Richard Fond, Esq.}

^{Simke Chodos}

^{1880 Century Park East}

^{Suite 151}

^{Los Angeles, CA 90067 - 1615}

^{(310) 203-3888 (Office) (310) 203-3886 (Fax)}

GRAHAM E. BERRY (SBN 128503)

LAW OFFICES OF GRAHAM E. BERRY

1223 Wilshire Boulevard

Box 1028

Santa Monica, California 90403

Telephone: (310) 395-4800

Facsimile: (310) 393-4507

Plaintiff Pro Per

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES

GRAHAM E. BERRY, Plaintiff, vs. ROBERT J. CIPRIANO, et al., Defendants. ______________________________________ AND CONSOLIDATED CASES ______________________________________ Case No. BC 184 355 186 168 196 402 REQUEST FOR JUDGMENT BY ORAL AND WRITTEN STIPULATION (C.C.P. 664.6) Date: August 13, 1999 Time: 8:30 a.m. Dept: 35 Discovery Cutoff: None Motion Cutoff: None Trial Date: None

TO THE HONORABLE COURT HEREIN:

Plaintiff GRAHAM E. BERRY, and Defendant, ROBERT J. CIPRIANO hereby jointly request the Court vacate Plaintiff's earlier voluntary dismissal, without prejudice herein of Defendant Robert J. Cipriano, and permit Plaintiff and Defendant Robert J. Cipriano to stipulate to judgment orally before the Court.

The Court is further requested to enter judgment pursuant to the terms of the Mutual Release and Settlement Agreement attached hereto as Exhibit "A".

The Settlement Agreement, and the request herein, is made upon the grounds set forth in the Declaration of Robert J. Cipriano, dated August 10, 1999, Exhibits 1-50 thereto, and attached to this C.C.P. 664.6 Request as Exhibit "B".

DATED: August 12, 1999 Respectfully Submitted By:

_______________________________

Graham E. Berry

Plaintiff in Pro Per

DATED: August 12, 1999 _______________________________

Robert J. Cipriano

Defendant Pro Per

PROOF OF SERVICE

STATE OF CALIFORNIA )

) ss.

COUNTY OF LOS ANGELES )

I am employed in the County of Los Angeles, State of California. I am over the age of 18 and not a party to the within action; my business address is 1223 Wilshire Boulevard, Box 1028, Santa Monica, California 90403.

On August 11, 1999 I served the foregoing document described as

REQUEST FOR JUDGMENT BY ORAL AND WRITTEN STIPULATION

(C.C.P. 664.6), on interested parties in this action by placing true copies thereof, enclosed in sealed envelopes, addressed and distributed as follows:

[SEE ATTACHED SERVICE LIST]

[XX] By Facsimile: I served the above described document(s) to the interested parties listed on the attached Service List herein. A copy of the transmission confirmation report(s) are attached hereto.

[XX] By Mail: I am readily familiar with the firm's practice of collection and processing of correspondence for mailing. Under that practice it would be deposited with the U.S. Postal Service on that same day with postage fully paid at Los Angeles, California in the ordinary course of business. I am aware that on motion of party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing affidavit.

[] State. I declare under penalty of perjury, under the laws of the State of California, that the above is true and correct.

Executed this 11th day of August, 1999, at Los Angeles, California.

SCOTT A. MAYER _________________________

TYPE OR PRINT Scott A. Mayer

SERVICE LIST

Berry v. Miscavige, et al.

LASC Consolidated Case Nos.

BC 184355, 186168 and 196402

Kendrick L. Moxon, Esq. Helena Kobrin, Esq. Moxon & Kobrin 6255 Sunset Boulevard, #2000 Los Angeles, CA 90028-6329 Fax: (323) 993-4436 Monique E. Yingling Zuckert, Scoutt & Rasenberger LLP 888 17th Street NW Washington, D.C. 20006-3309

Michael Turrill, Esq. Paul, Hastings, Janofsky & Walker LLP 555 South Flower St., 23rd Floor Los Angeles, CA 90071-2371 Fax: (213) 627-0705 Elliot J. Abelson 8491 Sunset Blvd., Suite 1100 Los Angeles, CA 90069-1911

David Chodos, Esq. James Martin, Esq Simke Chodos 1880 Century Park East, #1511 Los Angeles, CA 90067 Fax: (310) 203-3866 William T. Drescher 23679 Calabasas Road, Suite 338 Calabasas, CA 91302

Samuel D. Rosen, Esq. Paul, Hastings, Janofsky & Walker LLP 399 Park Avenue, 31st Floor New York, NY 10022


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