Re: Sterling management s

dennis.l.erlich@support.com wrote:

> In Sterling v Cult Awareness Network, a Glendale judge ruled
> that for all practical purposes Sterling is a branch-office
> recruitment facility for the cult (paraphrased). I posted
> the ruling once, but it got deleted from my hard drive by the
> scienos during the raid.
No problems: good posts get archived.

[schnip]

Newsgroups: alt.religion.scientology From: p.d.coates@support.com Subject: SMS vs CAN et al Date: Sun, 05 Feb 95 00:29:19 -0800

Emery Wilson Corporation, dba Sterling Management Systems, filed suit against Cult Awareness Network, Cynthia Kisser and Priscilla Coates in December 1991, BC043028, The Emery Wilson Corp vs Cult Awareness Network. The Honorable Aviva K. Bobb, Judge, Superior Court of California, County of Los Angeles, handed down a ruling on January 31, 1995:

The court now rules as follows:

Plaintiff's Motion to strike the answer of defendants, Cult Awareness Network and Cynthia Kisser, filed May 2, 1994 is denied. Plaintiff's motion in the alternative for issue sanctions against the Cult Awareness Network and Cynthia Kisser is granted. The court finds that defendants, Cult Awareness Network and Cynthia Kisser misused the discovery process by failing to respond to the authorized method of discovery, and disobeying a court order to provide discovery. Defendants destroyed numerous phone logs, and defendant Cult Awareness Network's mail logs "disappeared" without explanation by defendants. These logs were properly responsive to plaintiff's discovery requests and the court order of November 3, 1993. Therefore, pursuant to section 2023(b)(2), Code of Civil Procedure, the court imposes the following sanction against defendants Cult Awareness Network and Cynthia Kisser: 1. Defendants, Cult Awareness Network and Cynthia Kisser, are prohibited from presenting any evidence at trial to oppose the claim that defendants, Cult Awareness Network and Cynthia Kisser, interfered with plaintiff's clients and prospective clients. 2. Defendants, Cult Awareness Network and Cynthia Kisser, are prohibited from presenting any evidence at trial to support the claim that they received complaints about plaintiff's practices. Monetary sanctions are denied.

Defendants' Motion for sanctions, filed September 19, 1994, is granted. The court finds that the plaintiff misused the discovery process by failing to respond to an authorized method of discovery, and disobeying a court order to provide discovery. In June, 1994, numerous documents were retrived [sic] from plaintiff's trash bin which were properly responsive to defendants' previous discovery requests and the March 23, 1994 court order. Therefore, pursuant to section 2023(b)(2), Code of Civil Procedure, the court imposes the following sanctions against the plaintiff: 1. The documents found in plaintiff's trash bin, and attached to the Priscilla Coates declaration of July 26, 1994, are deemed authenticated. 2. Plaintiff is prohibited from presenting any evidence at trial to support its claim that defendants interfered with plaintiff's clients and prospective clients. 3. Plaintiff is prohibited from presenting any evidence at trial to support its claims that plaintiff does not recruit for the Church of Scientology and is not financially connected to the Church of Scientology. 4. Plaintiff is prohibited from presenting evidence at trial to support the claim that plaintiff has not done business as a branch office of the World Institute of Scientology Enterprises. Monetary sanctions are denied.

Newsgroups: alt.religion.scientology From: dennis.l.erlich@support.com Subject: Sms vs can et al Date: Sun, 05 Feb 95 22:03:00 -0800

* For Readers who don't speak legal *

+---------------------------------+

My comments in brackets []

> Emery Wilson Corporation, dba Sterling Management
> Systems, filed suit against Cult Awareness Network,
> Cynthia Kisser and Priscilla Coates in December 1991,
> BC043028, The Emery Wilson Corp vs Cult Awareness Network.
> The Honorable Aviva K. Bobb, Judge, Superior Court of
> California, County of Los Angeles, handed down a ruling on
> January 31, 1995:
[Sterling sued CAN for supplying the Better Business Bureau with info connecting Sterling with scn and claimed loss of business due to misinformation.]

>The court now rules as follows:
>
> Plaintiff's Motion to strike the answer of defendants,
>Cult Awareness Network and Cynthia Kisser, filed May 2, 1994 is
>denied.
>Plaintiff's motion in the alternative for issue sanctions against
>the Cult Awareness Network and Cynthia Kisser is granted. The
>court finds that defendants, Cult Awareness Network and Cynthia
>Kisser misused the discovery process by failing to respond to the
>authorized method of discovery, and disobeying a court order to
>provide discovery. Defendants destroyed numerous phone logs, and
>defendant Cult Awareness Network's mail logs "disappeared"
>without explanation by defendants. These logs were properly
>responsive to plaintiff's discovery requests and the court order
>of November 3, 1993. Therefore, pursuant to section 2023(b)(2),
>Code of Civil Procedure, the court imposes the following sanction
>against defendants Cult Awareness Network and Cynthia Kisser:
[The scienos wanted all the phone and correspondence logs from CAN so they could harrass anyone who contacted CAN. Such logs are probably routinely destroyed simply to prevent a wacko judge (much like this one) from ordering the records turned over to the cults.]

> 1. Defendants, Cult Awareness Network and Cynthia Kisser,
>are prohibited from presenting any evidence at trial to oppose
>the claim that defendants, Cult Awareness Network and Cynthia
>Kisser, interfered with plaintiff's clients and prospective
>clients.
[Since they didn't keep such records ... ]

> 2. Defendants, Cult Awareness Network and Cynthia Kisser,
>are prohibited from presenting any evidence at trial to support
>the claim that they received complaints about plaintiff's
>practices.
[Again, no records exist]

> Monetary sanctions are denied.
>
> Defendants' Motion for sanctions, filed September 19,
>1994, is granted.
[CAN gets sanctions against Sterling]

>The court finds that the plaintiff [Sterling] misused the discovery process
>by failing to respond to an authorized method of discovery, and
>disobeying a court order to provide discovery. In June, 1994,
>numerous documents were retrived [sic] from plaintiff's trash bin
>which were properly responsive to defendants' previous discovery
>requests and the March 23, 1994 court order. Therefore, pursuant
>to section 2023(b)(2), Code of Civil Procedure, the court imposes
>the following sanctions against the plaintiff:
[Priscilla dug some stuff out of their trash that showed Sterling, WISE and CofS were the same entity.]

> 1. The documents found in plaintiff's trash bin, and
>attached to the Priscilla Coates declaration of July 26, 1994,
>are deemed authenticated.
[Can be used in court from now on.]

> 2. Plaintiff is prohibited from presenting any evidence
>at trial to support its claim that defendants interfered with
>plaintiff's clients and prospective clients.
[This is what the suit is about.]

> 3. Plaintiff is prohibited from presenting any evidence
>at trial to support its claims that plaintiff does not recruit
>for the Church of Scientology and is not financially connected to
>the Church of Scientology.
[Front group for the scienos - proven in court!]

> 4. Plaintiff is prohibited from presenting evidence at
>trial to support the claim that plaintiff has not done business
>as a branch office of the World Institute of Scientology
>Enterprises.
[Branch office!]

> Monetary sanctions are denied.
[Major win for CAN.]

Rev. Dennis L Erlich * * the inFormer * * <dennis.l.erlich@support.com>

Newsgroups: alt.religion.scientology From: Deeny3@aol.com (Deeny3) Subject: Re: Boycott Date: Mon, 6 Feb 1995 17:54:23 +0000

Duck98@aol.com says: > FYI - Sterling Management was owned by Greg (last name forgotten) the
> current WDC member for WISE.
Greg Hughes.

_Deirdre

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