Provenza vs Acunto: Declaration of Mislav Raos

8/20/2019 Provenza vs Acunto: Declaration of Mislav Raos

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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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EXHIBIT 1:

EXHIBIT 2: /'

ExhibitAl

Exhibit B:

Exhibit C

Exhibit D

ExhibitE

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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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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




Telephone: (310) 203-8080

Facsimile: (310) 203-0567

Emai1: [email protected]

Attorneys for Defendants The International Association of


Trust



THOMAS PROVENZANO, an individual, and

RODNEY RUHLAND, an individual,

Plaintiffs,

v.

RI R RD ACUNTO, an individual,



SURVIVAL INSURANCE, INC., a California


HOLDINGS, INC., a California corporation,

GGIS INSURANCE SERVICES, INC., 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)


OF LIMITATIONS (DEFENDANTS'


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

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RAOS DECLARATION ISO MOTION FOR SUMMARY ADJUDICATION


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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

- 2-

RAOS DECLARA nON ISO MOTION FOR SUMMARY ADJUmCA TION


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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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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 ):


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 ):


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 ):


May 26,1987 $2,000

$80,000

$2,000

August 5, 1987

September 2, 1996

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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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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

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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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RAOS DECLARATION ISO MOTION FOR SUJVIMARYADJUDICATION


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Exhibit 2


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11559096vl

JEFFER MANGELS BUTLER

MITCHELL LLP




Telephone: (310) 203-8080

Facsimile: (310) 203-0567

Email: [email protected]

Attorneys for Defendants The International Association of


Trust



THOMAS PROVENZANO, an individual, and I CASE NO. BC 518021

RODNEY RUHLAND, an individual,

Plaintiffs,

v.

RICHARD ACUNTO, an individual,



SURVIVAL INSURANCE, INC., a California


HOLDINGS, INC., a California corporation,

GGIS INSURANCE SERVICES, INC., 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)


OF LIMITATIONS DEFENDANTS


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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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

I

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GEHERDECLARATION ISO MOTION FOR SUMMARY ADmmCATION


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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

- 4 -

GEHER DECLARATION ISO MOTION FOR SUMMARY ADJUDICATION


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Exhibit E


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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

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Documents

Provenza vs Acunto: Declaration of Mislav Raos