Found this on the fax tonight. It was in with a bunch of motion file copies keeping me informed, but the letter from Moxon to Berry and Berry's response is too good not to share with you, even if correcting faxed material (only the text) is a pain.
MOXON & KOBRIN
ATTORNEYS AT LAW
3055 WILsHIRE BOULEVARD
August 12, 1999
1228 l1th Street, #202
Santa Monica, California 90401
Dear Mr. Berry:
This responds to your letter faxed to my office today, which as always, contains many false statements.
First, I am happy to produce Mr. Cipriano's client records to him. It is unusual, to say the least for you as the opposition attorney and opposition party to demand my [former] client's files, asserting that you now represent Mr. Cipriano in the suit you filed against him, and from which he was dismissed several months ago. Be that as it may, I require an original, notarized letter from Mr. Cipriano requesting his files before I copy them and provide them to you or to him. The circumstances herein, and my responsibility to ensure that I not deny Mr. Cipriano's legal rights, certainly warrent protecting me and my firm from giving records to an adversary. As soon as the notarized letter is received in my office, I will promptly copy the files - not before.
Second, your claim that I told you I did not understand your letters taxed yesterday is false. I told you they came through garbled, pages missing and pages unsigned. They are a tangled mess - in short, your usual communication. Please have copies of whatever you wish to communicate dropped off with the letter from Mr. Cipriano.
Third, as I informed you last night, my car was lawfully re-possessed with the prior knowledge of the police. The entirety of the contents in my car, which had been borrowed by Mr. Cipriano, were boxed and provided to you last night There is nothing
August 12, 1999
left in the car. If you do, in fact, represent Mr. Cipriano, please have him return the registration and keys immediately.
Fourth, you claim Mr. Ingram attempted to intimidate Mr. Cipriano and "an employee of Graham E.." I can only assume you are referring to yourself. You are mistaken. Mr. Ingrain informs me he had no communication with Mr. Cipirano for over a month when Mr Cipriano called Mr. Ingram and his wife to inquire as to their health, family and business. Mr. Ingram has not seen Mr. Cipriano for many months since Mr. Ingram and his wife had dinner with Mr Cipriano and his fiance. Mr. Ingram has also bad no communications with any of your "employees" or anyone connected with you. Mr. Ingnim was not even in town last mght
Last, please inform me of a formal address for your office, if you have one, as sending multiple copies of documents is expensive. The receptionist, at the office address listed on your letterhead of the letter sent to my office today, informed my couriers that you moved out of the office last month in the middle of the night without paying your rent, and that office refuses to accept communications for you. I am therefore faxing and sending this letter to your home, which is where I understand you wish to receive papers.
Kendirck L. Moxon
August 12, 1999
Kendrick L Moxon
Moxon and Kobrin,
3055 wilshire Boulevard, Suite 900
Los Angeles, CA 90010
Dear Mr Mozon
"This letter responds to you letter faxed to my office today, which as always, contains many false statements."
First, I am delighted that you are happy to produce Mr. Cipriano's client records to him.
I agree that it is *very* unusual for a lawyer (such as yourself) to all but destroy opposing counsel (such as me) through blackmail, bribery, witness tampering, subornation of perjury, obstruction of justice, false criminal complaints, false state bar complaints, abuse of process, bankruptcy court fraud (non dischargability motion) and insurance fraud ($700,O00 settlement demand).
Be that as it may, you will receive an original notarized letter from Mr. Cipriano tomorrow morning, August 13, 1999 The circumstances herein certainly enrage him, as you will no doubt learn from his forthcomming breach of fiduciary duty and professional negligence claims against you. Be that as it also may, such is probably the least of your current concerns.
Second, if my "letters faxed yesterday... came through garbled", then I suggest you take the matter up witb whoever receives your faxes and sorts them.
Third, you have never even seen or ridden in the car you told Mr. Cipriano to go and select for himself at your expense nearly one year ago. For you to take it the very day you learn of Mr. Cipriano's decision to honor "truth, justice and the American Way" (and not the L Ron Hubbard Way) both admits to the felony and smells of an ill thought desperate act of further intimidation.
Incidentally, why would you page Mr. Cipriano to call the Scientology Office of Special Affairs yesterday at 11:48 am. He has instructed you to make no attempt to communicate with him directly.
Be that as if further may, I will arrange for Mr. Cipriano to return the car keys. The registration is in the car as required by California law.
Fourth, it was not I who Mr. Ingram unccessfully attempted to intimidate. It was my assistant, Scott Mayer, who knew L. Ron Hubbard personally and was L. Ron Hubbard's, U.S. Fleet Captain and personal Estates Manager for a time. You should hear his accounts of L. Ron Hubbard's massive drug use and insanity.
As to Mr. Ciprino, he has not spoken with Mr. Ingram for nearly nine months. Additionally, which of the many towns in L.A. County was Mr. Ingram not in last night? Isn't that an example of a Hubbardarian "acceptable truth".
Last, you have been informed of my law office address. If you an concerned about things being "expensive" in litigation, I suggest you stop paying Samuel D. Rosen $490.00 per hour when David Miseavige only pays Sea Org members $50.00 per week -- sometimes. Actually, I spent several months moving out of my former office and I was in my former office to collect "communications" only this morning, after filing the all new and improved Cipriano Declaration at the courthouse. Incidentally, the Cipriano Declaration details your six year policy and practice to "utterly denroy" me,
In that respect it corrobrates other declarations, including those of Andre Tabayoyan, (June 3' 1994), Gary Scarff November 17, 1994), Stacy Young (December 14, l94), Robert Vaughn Young (December 14, 1994), Gary Scarf. (August 12, 1997, including video tape), Timothy Bowles (May 6, 1988), Kendrick L. Moxon (May 6, 1998)-- to list but a few which are within a collection of 142 Exhibits provided to you and Michael Terrill of the Paul, Hastings, law firm.
Keudrick L Mozol, Seq. August12, 1999
To quote a retort made to Senator McCarthy, "Sir, have you no decency at all'?
Graham, E. Berry
Enclosure (Letter Under Reply) a';
Samuel D. Rmm, Esq.
Semis U. Reset, Eq.
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