Stephen Mitchell
c/o 12400 Ventura Blvd. #137
Studio City, California (18 U.S.C. 1342)
213-874-3534

Lisa Jan Precious
c/o 12358 Ventura Blvd. #245
Studio City, California (18 U.S.C. 1342)
818-985-6220

Kathleen Carey
c/o 5152 Sepulveda, Suite 205
Sherman Oaks, California (18 U.S.C. 1342)
818-789-0954

Stephen Mitchell, Lisa Jan Precious, Kathleen Carey
In propria persona [NOT PRO SE]

In the superior court[1] for Los Angeles county, California

___________________________________________________________
FOOTNOTE 1: Concurrent with and equivalent to the district court as created in the Constitution of the State of California of 1849, and the seventeenth judicial dietrict, see Stats 1872, ch. CXIV, p. 116

Stephen Mitchell; Lisa Jan Precious; Kathleen Carey
Plaintiffs/Demandants,

vs.

DAVID MISCAVIGE, a person, in the capacity as Chairman of the Board of the Religious Technology Center and Inspector General of the Church of Scientology[TM]
MIKE RINDER, a person, in the capacity as head of the Office of Special Affairs International
JOHN/JANE DOE #1, a person, in the capacity as head of the L. Ron Hubbard Library
JOHN/JANE DOE, #2-99
Defendants/Respondents,

Case No. BC175367
Objection to Defendant Mike Rinder's Demurrer to the Verified Complaint for Libel; Memorandum of Points and Authorities in Support of Objection to Defendant Mike Rinder's Demurrer

Date: September 10, 1997
Time; 8:30 am
Place: Department 62
Discovery Cut-off: None

Trial Date: None

1. The Plaintiffs, and each of them, object to the Defendant's Demurrer to the Verified Complaint. The Defendant's use of the Demurrer goes beyond the scope of what a demurrer is intended .

Respectful1y Submitted this fourth day of the ninth month, in the year A .D. nineteen hundred ninety seven,

[L . S.] (SIGNATURE: STEPHEN MITCHELL) seal
Stephen Mitchell

[L.S.] (SIGNATURE: LISA PRECIOUS) seal
Lisa Jan Precious

[L . S .] (SIGNATURE: KATHLEEN CAREY) seal
Kathleen Car ey

Memorandum of Points and Authorities

1, The Defendant apparently fails to understand the difference between "sufficiency of" an allegation as opposed to the "truth" or ''ability to prove" the same,

2. The Defendant claims that the Verified Complaint for Libel does not state facts sufficient to constitute a cause of action. This is simply not true. The Complaint describes and exhibits the existence of a published document that contains the libel alleged in the Complaint.

3. The existence of the published document containing the alleged libel is not contested by the Defendant. The Defendant acknowledges the existence of the published document (see Defendant's Joint Memorandum, page 2, line 24),

4. The Defendant does not deny responsibility for his approval of the libelous document as alleged in the Complaint,

5. The existence of the published document is not in question, The published document makes unproven claims that are self-described as "facts". The allegations of the libel expressed in the Complaint, and their legal sufficiency are apparent and complete.

6. The Defendant 's argument in support of the Demurrer centers itself on testing the truth of the allegations, and putting forth assertion that the Plaintiffs cannot prove their case. It is abundantly apparent that the Defendant fails to understand what was clearly stated by the California Court of Appeal, as follows:

"A demurrer tests only the legal sufficiency of the allegations. It does not test their truth, the plaintiff's ability to prove them or the possible difficulty in making such proof." Saunders vs. Superior Court, 27 Cal.App.4th 832, at 840. [emphasis added]

7. The Defendant's rambling objections as to the truth of the Plaintiffs' allegation belong in a properly filed answer.

Conclusion

Based on all the foregoing, it is indisputable that this court must deny the Demurrer filed by Defendant Mike Rinder.

We, Stephen Mitchell, Lisa Jan Precious, and Kathleen Carey, hereby swear under penalty of perjury, under the law of the Land in California, one of the United States of America, that paragraphs 1 through 9 and the conclusion hereinabove are true and correct and so done in good faith to the best of our knowledge and belief.

Subscribed and sworn this fourth day of the ninth month, in the year A.D. nineteen hundred ninety seven.

[L.S.] (SIGNATURE: STEPHEN MITCHELL) seal
Stephen Mitchell

[L.S.] (SIGNATURE: LISA PRECIOUS) seal
Lisa Jan Precious

[L.S.] (SIGNATURE: KATHLEEN CAREY) seal
Kathleen Carey