c/o 5152 Sepulveda, Suite 205
Sherman Oaks, California (18 U.S.C. 1342)
In propria persona [NOT PRO SE]
In the superior court 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
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
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
Case No. BC175367
Verified Statement of Demand for Damages of
in support of the Verified Complaint for Libel
The libelous document entitled "PUBLIC WARNING, SUBJECT: Squirrel tax avoidance schemes", complained of in the above numbered case is a real and far reaching source of potential damage to the life and livelihood of Kathleen Carey, one of the Plaintiffs byvirtue of the fact that it was circulated through the United States Post Office to an untold number of Scientologists, and perhaps others as well.
1. Kathleen Carey's professional career is one with public exposure and notoriety and relies on a positive public perception in order to grow and prosper.
2. The libelous document solidly placed itself into the category of being a threat to create incalculable damage by the fact that it incorporated the use of, without the permission of Kathleen Carey, one of the very photographs that are used to promote her professional career. This fact can be verified by comparing the various examples of the use of the photo on promotional material (see Exhibit KC1), and the photo of Kathleen Carey on the libelous document.
3. For this photo to be within a document claiming that Kathleen Carey is a "criminal" and alleging that she is "insane", could cause discernible damage to her professional career.
4. The importance of an actor's public perception is illustrated by the existence of a system known as "Q rating", which is used both in the Television and Film industries, and which measures two very important factors: (1) How many people recognize the actor (how well known is the actor to the public at large); (2) how likeable is that actor in the eyes of the public.
5. Most film and television producers and production companies use this "Q" rating system to determine who will be cast in important, pivotal roles. It is of crucial concern to advertisers who sponsor television shows seen by the public that their products are associated with actors who are popular and non-controversial. It is well known that when the "Q" rating system factors are ignored, it can have disastrous results.
6. A good example of this was Olympic ice-skating hopeful Tonya Harding, whose boyfriend was convicted of a crime in connection with the assault on Olympic Ice-skater Nancy Kerrigan. Harding attempted to use the fact that she was well-known to launch an acting career. She failed ... due to the fact that people didn't like her because she was perceived as being a "criminal", even though she herself was never indicted or convicted of a crime.
7. The libelous document complained of in the above numbered case, erroneously claims that Kathleen Carey is a "criminal" and alleges that she is "insane". It is indisputable that if knowledge of this document was in the hands of a producer or a director, it is likely that this information would be extremely detrimental to any chance of Kathleen Carey being chosen for any particular aspect of a Television or Film production. Even if the producer or director understood that the document wasn't true, a decision against Kathleen Carey could take place in order to avoid the negative public relations that could be created by people asking "why have you hired a criminal?". It is indisputable that there will be people who will see and read this libelous document, or who have already seen and read it, that will jump to the conclusion that it is true and will then be prejudiced against Kathleen Carey.
8. It is unquestionable that there are many Scientologists who are very well known and successful in the Television and Film business. To cite the names Tom Cruise, Nichole Kidman, John Travolta, Kelly Preston, and Anne Archer, is to show that, at a glance, Scientologists who may have received this libelous document and/or could be influenced by the Church's position vis-a-vis this Plaintiff, occupy positions of great power and influence within the Film and Television industry. These, as well as others, are not simply "stars" in the entertainment business, but wield enormous clout in Hollywood influencing not only their own projects, but the projects and livelihood of others as well.
9. The Plaintiff avers that The Church of Scientology has a long-standing policy which enforces the "shunning" of any ex-members. All levels of association are affected by this whether it be casual, business, or even the shunning of those who were once close friends. If a Scientologist that is in good standing is "caught" associating with a "shunned" ex- member, they themselves can become a persona non grata. Therefore, any Scientologist who has either read or been made aware of the content of the libelous document would be compelled to discontinue or refrain from any business contact, including but not limited to the engagement of the Plaintiff's services as an actress, writer, producer or director.
10. The Plaintiff avers that she has already lost revenues from business formerly conducted with Scientologists who severed a relationship with the Plaintiff as a result of the libelous communication from The Church of Scientology.
11. The Plaintiff avers that the damage has already begun. Though it is impossible to know, even now, how much potential work and revenues have been lost to date, any project which includes another other Scientologist who has any influence at all could prevent the inclusion of Kathleen Carey on that project. A simple statement such as "Tom Cruise won't work with her", is all it would take. A producer and/or director might not even know the reason why.
12. The Plaintiff avers that damage to the acting career of Kathleen Carey has been done given the fact that any producer, having been made aware of the content of the libelous document, would be unwilling to engage her services for fear of jeopardizing the terms of his completion bond (an insurance policy indemnifying the investors against unforeseen circumstances that could prevent the film's successful completion).
13. In addition to Exhibit KC1, further documentation that Kathleen Carey had already established a viable career, by which she had earned a certain amount of notoriety and that a positive perception of her accomplishments and abilities did exist, is herein attached as Exhibit KC2.
14. Another Scientologist, Michael Baybak, has previously established that libel damages have a value of $60 million in another libel suit against a major national publication. This is confirmed by a Scientology press release by Teisa Goodman with the headline "Multi- million Suit Against TIME Magazine to go to trial".
15. Based on all the foregoing facts and evidence that clearly demonstrate that a viable career was already in place for Kathleen Carey, a career that could be, or has been, severely damaged or even terminated as a result of the allegations of being a "criminal" and of being "insane" within the libelous document, it is indisputable that Kathleen Carey must be awarded significant damages to offset the potential damages resulting in the destruction of her professional career. Kathleen Carey hereby demands that damages be paid in an amount to be no less than $60,000,000.00.
I, 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 13 hereinabove are true and correct and so done in good faith to the best of my knowledge and belief.
Subscribed and sworn this twenty-ninth day of the seventh month, in the year A.D. nineteen hundred ninety seven.
[L.S.] (SIGNATURE: KATHLEEN CAREY) seal