provenza vs acunto: declaration of mislav raos
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8/20/2019 Provenza vs Acunto: Declaration of Mislav Raos
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INTED ON
ECYCLED P-,\PER
A 11657765vl
JEFFER MANGELS BUTLER MITCHELL LLP
THOMAS M. GEHER (Bar No. 130588)
1900 Avenue of the Stars, Seventh Floor
Los Angeles, California 90067-4308
Telephone: (310) 203-8080
Facsimile: (310) 203-0567
Email: [email protected]
Attomeys for Defendants The International Association of
Scientologists, IAS Administrations, Inc. and U.S. IAS Members'
TIllst .
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES
THOMAS PROVENZANO, an individual, and
RODNEY RUHLA1\TD,an individual,
Plaintiffs,
CASE NO. BC 518021
f?1 IR r A
EVIDENCE IN SUPPORT OF MOTION OF
DEFENDANTS THE INTERNATIONAL.
ASSOCIATION OF SCIENTOLOGISTS,
IAS ADl\flNISTRATIONS, INC., AND U.S.
IAS MEMBERS' TRUST FOR SUMMARY
ADJUDICATION RE (A) FIFTH AND
SIXTH CAUSES OF ACTION OF SECOND
AMENDED COMPLAINT AND (B)
AFFIRMATIVE DEFENSE RE STATUTE
OF LIMITATIONS (DEFENDANTS'
SECOND, THIRD AND FOURTH
AFFIRMATIVE DEFENSES)
Date: May 4,2015
Time: 8:30 a.111.
Dept: 36
Judge: Hon. Gregory W. Alarcon
Complaint Filed:
Trial Date:
August 12, 2013
January l3, 2016
v.
RICHARD ACUNTO, an individual,
INSURESUITE, INC., a Delaware corporation
registered as a foreign corporation in California,
SURVIVAL INSURANCE, INe., a California
corporation, OCEAN FINANCIAL
HOLDINGS, INe., a California corporation,
GGIS INSURANCE SERVICES, INe., a
California corporation doing business as
GUARDIAN GENERAL INSURANCE
SERVICES, THE INTERNATIONAL
ASSOCIATION OF SCIENTOLOGISTS, an
English non-profit corporation doing business
in California; IAS ADMINISTRATIONS,
INC., a Delaware corporation registered in
California, U.S. IAS MEMBERS' TRUST, a
California trust, and DOES 1 to 50, inclusive,
Defendants,
IAS DEFENDANTS' EVIDENCE ISO MOTION FOR SUMMARY ADJDDICATION
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8/20/2019 Provenza vs Acunto: Declaration of Mislav Raos
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TEDON
CLED PAPER
11657765vl
EXHIBIT 1:
EXHIBIT 2: /'
ExhibitAl
Exhibit B:
Exhibit C
Exhibit D
ExhibitE
~epa~te
rar
Exhibit F
Exhibit G
TABLE OF CONTENTS
Declaration of Mislav Raos In Support of
Motion
of Defendants The
International Association of Scientologists, IAS Administrations,
Inc., and U.S. IAS Members Trust For Summary Adjudication Re
A) Fifth and Sixth Causes of Action of Second Amended Complaint
and B) MfirmativeDefense Re Statute of Limitations Defendants
Second, Third and Fourth Affirmative Defenses)
Declaration of Thomas M. Geher In Support of Motion of
Defendants The International Association Of Scientologists, IAS
Administrations,
Inc.,
and U.S. IAS Members Trust For Summary
Adjudication Re A) Fifth and Sixth Causes of Action of Second
Amended Complaint and B) Affirmative Defense Re Statute of
Limita.tions Defendants Second, Th.ird and Fourth. Affirmative
Defenses)
Complaint For: (1) Breach of Contract (2) Breach of Fiduciary Duty (3)
Constructive Fraud (4) Actual Fraud (5) Set Aside Fraudulent Transfer
(6) Equitable Tracing, Constructive Trust Equitable Lien (7) Breach of
Business
Professions Code Section 17200
First Amended Complaint For: (1) Breach of Contract (2) Breach of
Fiduciary Duty (3) Constructive Fraud (4) Actual Fraud (5) Set Aside
Fraudulent Transfer (6) Equitable Tracing, Constructive Trust
Equitable Lien
7)
Breach of Business
Professions Code Section
17200
Stipulation Re Bifurcation of Causes of Action and (proposed) Order'
Relating Thereto
Order Approving Stipulation Re Bifurcation of Causes of Action and
(proposed) Order Relating Thereto
Second Amended Complaint For: (1) Breach of Contract (2) Breach of
Fiduciary Duty (3) Constructive Fraud (4) Actual Fraud (5) Set Aside
Fraudulent Transfer (6) Equitable Tracing, Constructive Trust
Equitable Lien 7)Breach of Business Professions Code Section 17200
Answer of Defendants The International Association of Scientologists,
IAS Administrations, Inc. and U.S. IAS Members' Trust to Second
Amended Complaint
/Dec1arations of Thomas Provenzano, Rodney Ruhland and Glen
Provenzano Filed in Support of Requests for Default Judgments (Court)
Against Defendants: (1) Richard Acunto, (2) Insuresuite, Inc., (3)
Survival Insurance, L'1c.,(4) Ocean Financial Holdings, Inc. and Exhibits
IAS DEFENDANTS' EVIDENCE ISO MOTION FOR SUMMARY ADJUDICATION
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DATED: February
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NTED ON
YCLED PAPER
11657765vl
Thereto fix),; bHs
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Exhibit H / Ruling Re: Default Prove-Up Papers Lodged By Plaintiffs
JEFFER MANGELS BUTLER MITCHELL LLP
/ ) L J : \
•
BY~§ ..
I
TOMAS M. GEHER
Attorneys for Defendants THE INTERt..JATIONAL
ASSOCIATION OF SCIENTOLOGISTS, IAS
AD.MINISTRATIONS, INe. A N TI U.S. IAS
MEl\.ffiERS' TRUST
LA.SDEFENDANTS' EVIDENCE ISO MOTION FOR SUMMARY ADJUDICATION
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Exhibit 1
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JEFFER MANGELS BUTLER & MITCHELL LLP
THOMAS M. GEHER (Bar No. 130588)
1900 Avenue of the Stars, Seventh Floor
Los Angeles, California 90067-4308
Telephone: (310) 203-8080
Facsimile: (310) 203-0567
Emai1: [email protected]
Attorneys for Defendants The International Association of
Scientologists, IAS Administrations, Inc. and U.S. IAS Members'
Trust
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES
THOMAS PROVENZANO, an individual, and
RODNEY RUHLAND, an individual,
Plaintiffs,
v.
RI R RD ACUNTO, an individual,
INSURESUITE, INC., a Delaware corporation
registered as a foreign corporation in California,
SURVIVAL INSURANCE, INC., a California
corporation, OCEAN FINANCIAL
HOLDINGS, INC., a California corporation,
GGIS INSURANCE SERVICES, INC., a
California corporation doing business as
GUARDIAN GENERAL INSURANCE
SERVICES, THE INTERNATIONAL
ASSOCIATION OF SCIENTOLOGISTS, an
English non-profit corporation doing business
in California; IAS ADMINISTRATIONS,
INC., a Delaware corporation registered in
California, U.S. IAS MEMBERS' TRUST, a
i California trust, and DOES
1
to S inclusive,
Defendants.
CASE NO. BC 518021
DECLAR..-\TION OF MISLAV RAOS IN
SUPPORT OF MOTION OF DEFENDANTS
THE INTERNATIONAL ASSOCIATION OF
SCIENTOLOGISTS, IAS
ADMINISTRATIONS, INC., AND U.S. AS
lVIElVIBERS' TRUST FOR SUMMARY
ADJUDICATION RE (A) FIFTH AND
SIXTH CAUSES OF ACTION OF SECOl\TJ)
AMEl\TJ)ED COIVIPLAINT AND (B)
AFFIRMATIVE DEFENSE RE STATUTE
OF LIMITATIONS (DEFENDANTS'
SECOND, THIRD AND FOURTH
AFFIRlVIA TIVE DEFENSES)
Date: May 4, 2015
Time: 8:30 a.m.
Dept: 36
Judge: Bon. Gregory W . Alarcon
Complaint Filed:
Trial Date:
August 12.2013
January 1:3,2016
28
1 ;
JNTEDON
CYCLED PAPER ~'
11636885v3 ----------------------------------
RAOS DECLARATION ISO MOTION FOR SUMMARY ADJUDICATION
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lNTEDON
YCLED PAPER
11636885\'3
DECLARATION OF MISLAV RAOS
I, Mislav Raos, declare:
1. I am a Director and the Secretary of Defendant LAS Administrations, Inc.
( IAS Admin ). I am over the age of 18. All facts stated herein are known by me to be true
through my own personal knowledge, or from my review of the business records of IAS Admin,
Defendant International Association of Scientologists ( IAS ), and Defendant u.s. IAS Members'
Trust ( IAS Trust , and together with IAS and IAS Admin, collectively, IAS Defendants ), and I
would and could competently testify thereto in a COUli of law if called upon to do so.
2. In my position with IAS Admin as its Secretary my duties and
responsibilities include responsibility for maintaining its corporate records, including all records
concerning donations made, as well as serving as the corporation's primary staff member for legal
affairs. In that capacity, I have direct supervisory authority over IAS Admin staff who are
personally and directly responsible with the origination and maintenance of the corporation's
records, including, but by no means limited to, its financial records and records of donations made.
3. IAS and IAS Trust have only directors and trustees, respectively, and do not
have any administrative staff or employees or even officers. The day to day activities of IAS and
IAS Trust are performed and conducted by IAS Admin and its staff, under the direction and control
of me and IAS Admin's other officers, pursuant to written service agreements with IAS and IAS
Trust. Among the duties and functions which IAS Admin performs for IAS and IAS Trust (as well
as for itself) is the receipt, recordation, documentation and memorialization of all financial
payments (including donations) made to IAS and IAS Trust (and to IAS Admin).
4. All information with respect to each and every donation received by any of
IAS Admin, IAS and IAS Trust, i.e., name of donor, name of recipient of donation (IAS, IAS Trust
or IAS Admin), date of donation and amount of donations, is recorded, documented and
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RAOS DECLARA nON ISO MOTION FOR SUMMARY ADJUmCA TION
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11636885v3
memorialized by the staff of IAS Admin and contained in the written records of IAS Admin, IAS,
and lAS Trust, respectively, which records are prepared by such staff and maintained by IAS
Admin. I am the custodian of, and have access to, all of the written records of IAS Admin, lAS,
I and lAS Trust concerning donations received by any of them.
5. The business records and documents of lAS Admin, IAS and lAS Trust
include writings and records documenting all donations made to IAS Admin, IAS and lAS Trust.
Each time IAS Admin, IAS and IAS Trust, or any of them, receive a donation, that donation is
documented by IAS Admin and its staff and such record/document contains, with respect to each
and every donation, the name of the donor, name of the recipient of donation (lAS, IAS Trust or
IAS Admin), date of the donation and the amount of the donation. With respect to these respective
records/writings of IAS Admin, IAS and IAS Trust documenting and recording all donations
received by any of them, (a) such records/writings were made in regular and ordinary course of the
business of IAS Admin, IAS and IAS Trust, and (b) such records/writings were made at or near the
time of the receipt of each and every donation received.
6. Based upon my review of the business records of IAS Admin, IAS and IAS
Trust with respect to donations made to them, or any of them, below are three charts, by transferee
(IAS Admin, IAS and IAS Trust), itemizing each and every transfer/donation of assets, i.e. cash,
made by Richard Acunto ( Acunto ) to IAS, IAS Admin and IAS Trust (while some of Acunto's
transfers/donations were, at Acunto's request, made in the name of his wife, minor children and one
business, all of the money evidencing such donations/transfers was transferred/donated by Acunto).
7. Transfers From Acunto to IAS Admin.
Date of Transfer Amount of Transfer
December 25, 2003 $500
August 19,2004 $1,600
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RAOS DECLARATION ISOMOTION FOR SUMMARY ADJUDICATION
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11636885v3
C. Isabella Acunto.
The following transfers/donations were made by Acunto to IAS under the name of Isabella
Acunto, Acunto's daughter (the Isabella Acunto IAS Transfers ):
Date of Transfer Amount of Transfer
March 11, 2003
$250
D.
Ida Acunto.
The following transfers/donations were made by Acunto to IAS under the name of Ida
Acunto, Acunto's daughter (the Ida Acunto IAS Transfers ):
Date of Transfer
Amount of Transfer
May 24,1998
$450
E.
Amy Acunto.
The following transfers/donations were made by Acunto to AS under the name of Amy
Acunto, the former wife of Acunto (the A Acunto IAS Transfers ):
Date of Transfer Amount of Transfer
September 10, 1985 $2,000
September 30, 1991 $200
F. Smvival Insurance.
The following transfers/donations were made by Acunto to IAS under the name of Survival
Insurance, an entity affiliated with Acunto (the Survival IAS Transfers ):
Date of Transfer Amount of Transfer
May 26,1987 $2,000
$80,000
$2,000
August 5, 1987
September 2, 1996
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TED ON
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A 11636885v3
9. Transfers From Acunto to IAS Truse
A. Richard Acunto.
The following transfers/donations were made by Acunto to IAS Trust under Acunto's nam
(the
R
Acunto IAS Trust Transfers ):
Date of Transfer
Amount of Transfer
May 5,1994
$1,000
$1,000
$2,500
$10,000
$10,000
September 18, 1994
May 14, 1995
June 6, 2003
July 7,2003
$1,440
uly 7,2003
July 27, 2003
$4,966
$5,000
$5,000
$5,000
$74,744
$5,000
$35,000
$60,000
$50,000
$50,001
$100,000
$100,000
$5,000
$24,012
August 14,2003
September 7, 2003
September 21, 2003
September 25,2003
December 8, 2003
December 12,2003
December 22, 2003
December 28, 2003
January 6, 2004
January 6, 2004
January 31, 2004
March 15, 2004
March 15, 2004
3
No other transfers were made by Acunto or his immediate family members or affiliated
entities to IAS Trust.
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NTEDON
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11636885v3
July 18,2004
$97,000
July 24, 2004
$24,000
August 16, 2004
$87,000
November 14,2004 $10,000
January 9,2005
$15,000
January 23,2005
$20,000
January 23, 2005
$50,000
January 23, 2005
$50,000
April 18, 2005
$8,808
April 26, 2005 $32,158
August 2, 2005
$5,000
December 11,2005
$7,300
November 8, 2006
$20,000
July 23,2007
$8,008
November 11,2007
$700,000
November 12,2007
$88,000
November 22,2007 $1,910,000
November 25,2007
$90,000
January 6, 2008 $340,000
January 12,2008
$328,000
January 19,2008 $100,000
January 19,2008 $500,000
January 27, 2008 $460,000
January 27, 2008 $100,000
January 27, 2008 $90,000
March 8, 2008 $100,000
March 13,2008
$100,000
7
RAOS DECLARATION ISO MOTION FOR SUMMARY ADJUDICATION
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August 1, 2008
$1,505,600
B . Amy Acunto .
The following transfers/donations were made by Acunto to IAS Trust under the name of
Amy Acunto, the former wife of Acunto (the A Acunto IAS Trust Transfers ):
Date of Transfer
Amount of Transfer
April 25, 1995
$50
July 24, 2004
$10,000
October 29,2005
$3,000
November 13, 2006 $300
June 17,2007
$2,007
July 27, 2007
$1,500
August 8, 2009
$1,000
August 17,2009
$500
October 20, 2009
$250
Executed on February
3
,2015 at Los Angeles, California.
I declare under the penalty of perjury under the laws of the State of California that
the foregoing is true and correct.
MISLAVRAOS
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Exhibit 2
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RlNTEDON
ECYCLED PAPER
I
11559096vl
JEFFER MANGELS BUTLER
MITCHELL LLP
THOMAS M. GEHER (Bar No. 130588)
1900 Avenue of the Stars, Seventh Floor
Los Angeles, California 90067-4308
Telephone: (310) 203-8080
Facsimile: (310) 203-0567
Email: [email protected]
Attorneys for Defendants The International Association of
Scientologists, IAS Administrations, Inc. and U.S. IAS Members'
Trust
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES
THOMAS PROVENZANO, an individual, and I CASE NO. BC 518021
RODNEY RUHLAND, an individual,
Plaintiffs,
v.
RICHARD ACUNTO, an individual,
INSURESUITE, INC., a Delaware corporation
registered as a foreign corporation in California,
SURVIVAL INSURANCE, INC., a California
corporation, OCEAN FINANCIAL
HOLDINGS, INC., a California corporation,
GGIS INSURANCE SERVICES, INC., a
California corporation doing business as
GUARDIAN GENERAL INSURANCE
SERVICES, THE INTERNATIONAL
ASSOCIATION OF SCIENTOLOGISTS, an
English non-profit corporation doing business
in California; IAS ADMINISTRATIONS,
INC., a Delaware corporation registered in
California, U.S. IAS MEMBERS' TRUST, a
California trust, and DOES 1 to 50, inclusive,
Defendants.
DECLARATION OF THOMAS M. GEIlER
IN SUPPORT OF MOTION OF
DEFENDANTS THE I NTERNATI ONAL
ASSOCIATION OF SCIENTOLOGISTS,
IAS ADMINISTRATIONS, INC., AND U.S.
IAS MEMBERS TRUST FOR SUMMARY
ADJUDICATION RE A) FIFTH
Al ~D
SIXTH CAUSES OF ACTION OF SECOND
AMENDED COMPLAINT AND B)
AFFIRMATIVE DEFENSE RE STATUTE
OF LIMITATIONS DEFENDANTS
SECOND, THIRD AND FOURTH
AFFIRMATIVE DEFENSES)
Date: May 4, 2015
Time: 8:30 a.m.
Dept: 36
Judge: Hon. Gregory W. Alarcon
Complaint Filed:
Trial Date:
August 12, 2013
January 13,2016
GEHER DECLARATION ISO MOTION FOR SUMMARY ADJUDICATION
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INTED ON
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A 11559096vl
Equitable Lien [and} (7) Breach of Business Professions Code Section 17200 ( FAC ). Th
FAC named all of the IAS Defendants as defendants. Like the Complaint, the FAC's fifth an
cause of actions (for recovery of fraudulent conveyance and imposition of equitable tracing
constructive trust and equitable lien) sought to avoid and recover from the IAS Defendants, to th
extent necessary to satisfy any judgment against Acunto, alleged fraudulent transfers o
$10,000,000 in cash made by Acunto to the IAS Defendants. A true and correct copy of the FAC
attached hereto as Exhibit B and is incorporated herein by this reference.
4. On November 6, 20l3, Plaintiffs and the IAS Defendants lodged tha
Stipulation Re Bifurcation of Causes of Action and proposed) Order Relating Thereto (th
Stipulation ) whereby they, subject to Court approval, agreed that (a) Plaintiffs would, i
accordance with the terms of the Stipulation, file a Second Amended Complaint which would
among other things, assert claims for recovery of fraudulent conveyance and imposition of equitable
tracing, constructive trust and equitable lien against the IAS Defendants concerning Acunto's
alleged transfer of $10,000,000 to the IAS Defendants, and (ii) discovery and trial of the Second
Amended Complaint's causes of action against the IAS Defendants would be severed from th
remaining claims and go to trial only if a judgment was awarded 'to Plaintiffs on the remaining
claims against Acunto. A true and correct copy of the Stipulation is attached hereto as Exhibit C
and is incorporated herein by this reference.
5. On December 20, 20l3, the Court signed an Order approving the Stipulation,
a true and correct copy of which is attached hereto as Exhibit D and is incorporated herein by thi
reference.
6. On January 8, 2014, Plaintiffs filed their
Second Amended Complaint For
1) Breach of Contract (2) Breach of Fiduciary Duty (3) Constructive Fraud (4) Actual Fraud 5
Set Aside Fraudulent Transfer (6) Equitable Tracing, Constructive Trust Equitable Lien 7
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NTED ON
CYCLED PAPER
11559096vl
Breach of Business
Professions Code Section 17200 (the SAC ). The SAC named the IA
Defendants as defendants therein with respect to only the: (a) Fifth Cause of Action to set asid
fraudulent transfer of assets and (b) Sixth Cause of Action for equitable tracing, imposition of
constructive trust equitable lien. Plaintiffs' SAC, with respect to the IAS Defendants, seeks
avoid and recover from the IAS Defendants, to the extent necessary to satisfy any judgment again
Acunto, alleged fraudulent transfers of $10,000,000 in cash made by Acunto to the IAS Defendants
A true and correct copy of the SAC is attached hereto as Exhibit E and is incorporated herein b
this reference.
7. The SAC alleges that Acunto allegedly fraudulently transferred the sum o
$10,000,000 in cash to the IAS Defendants, or any of them. However, the SAC does not identify
whether by date, amount or any other manner, the actual alleged transfer(s) which were made b
Acunto that Plaintiffs seek to avoid and recover. Plaintiffs, in the SAC, simply allege that Acunt
transferred $10,000,000 in cash to the IAS Defendants and such transfers are avoidable a
fraudulent transfers. See, SAC, Exhibit E.
8. On February 6, 2014, the IAS Defendants filed that
Answer of Defendant
The International Association of Scientologists, IAS Administrations, Inc. and us. IAS Members
Trust to Second Amended Complaint ( Answer ). The IAS Defendants' second, third and fourt
affirmative defense set forth in the Answer asserted that Plaintiffs' fifth cause of action for th
avoidance and recovery of the alleged $10,000,000 fraudulent conveyance was time barred pursuan
to the provisions of California Code of Civil Procedure § § 3439.09(a), 3439.09(b) and 3439.09(c)
respectively. A true and correct copy of the Answer is attached hereto as Exhibit F and i
incorporated herein by this reference.
9. By August 18,2014, the COUlihad entered the default of all defendants, othe
than the IAS Defendants, with respect to the SAC. Prior to the November 14, 2014 Cas
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1
G RA HA M E.
BERRY, Bar No.128503 .
Law Office of Graham E. Berry
_·····-·-2· -3384-·Mctaughlin-A,lenue·------ ..-.---.··.·-·.·--··· ·-· .·--- ------ --..-- - - - - - - - --.- -.-----.-------
Los
A ngeles
California 90066-2005
3
Telephone: (310) 745-3771
Facsimile: (310) 745-3771
4 Email: grahamberrv(a)ca.rr.com
5
Attorney for Plaintiffs
Thomas Provenzano and Rodney Ruhland.
6
7
(1) BREACH OF COl\T'fRACT
(2)
BREACH
OF
FIDUCIARY
DUTY
(3) CONSTRUCTIVE
FRAU,])
(4) ACTUAL FRAUD
(5) SET ASIDE
FRAUDULEl\T [
TRANSFER
(6) E.QUITABLE TRACING,
CONSTRUCTIVE TRUST
EQUITABLE LIEN
(7) BREACH OF BUSIl'i ESS
PROFESSIONS CODE SECTION
1 7 2 0 6
.
\~
.
8
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COtJNTY
OF LOS ANGELES - CENTRAL DISTRICT
UNLIMITED JURISDICTION
10
11
THOMAS PROVENZANO, an individual, ) Case No.: BC518021
and RODNEY RUHLM,]). an individual, )
12 )
(Assigned to Hon Michael Johnson, Dept. 56)
~
)SECONDAMENDEDCOMPLMNT
) FOR:
)
15 )
RICHARD ACUNTO, an individual, )
16 INSlJRESUITE, INC., a Delaware )
corporation registered as a foreign corporation)
17
in Californi~
S~VIV AL .INS{j RAN~E,
j
18 INC., a California corporation, OCEAN )
IFINANCIAL HOLDINGS, INC., a )
19 I California corporation; GGIS INSURANCE )
SERVICES, INC, a California corporation )
2 0 . . )
doing business as GUARDIA...N GENERAL )
21 INSURA..NCE SERVICES; THE )
INTERNATIONAL ASSOCIATION
OF )
22
SCIEl\T'fOLOGISTS, an English non-profit )
23 corporation doing business in California; lAS ~ DEMAND FOR ~y TRIAL
ADMTh::S~TION~, IN~, aI?elaware ). . '
24 corporat1o~ered ill Califorma; us, lAS) Complaint filed: August 12, 2013
lVIEMBERST.&UST,
a California Trust; and) 1st . Amended Complaint filed: August 16, '13
25
DOES 1 to 50 inclusive, ..) CMC Date: March 14, 2014 (continued)
Defendants. ) .
- - - - - - - - - - - - - - - - - - - - - - - - - - - - -
13
Plaintiffs,
14 vs.
26
21
28