BB-11-b-11
CHARLES R. GARRY,
GARRY, DREYFUS, MCTERNAN, BROTSKY,
HERNDON & PESONEN, INC.
1256 Market Street at Civic Center
San Francisco, California 94102
Telephone: 864 3131
Attorneys for Defendant
PEOPLES TEMPLE OF THE DISCIPLES OF CHRIST,
a nonprofit corporation
SUPERIOR COURT OF CALIFORNIA IN AND FOR THE CITY AND COUNTY OF SAN FRANCISCO
JAMES COBB, JR.,
Plaintiff,
vs.
PEOPLES TEMPLE OF THE DISCIPLES OF CHRIST, a nonprofit corporation; JAMES WARREN JONES, also known as JIM JONES; TERESA BUFORD; JEAN F. BROWN; PAMELA G. MOTON; and FIRST DOE through FIFTIETH DOE, inclusive,
Defendants.
NO. 739 907 NOTICE OF MOTION TO STRIKE
[CCP §§ 435 and 453]
Date: October 2, 1978
Time: 9:30 A.M.
Dept: 9 Law and Motion
TO EACH PARTY AND THEIR ATTORNEYS OF RECORD:
NOTICE IS HEREBY GIVEN that on October 2, 1978 at 9:30 A.M. or as soon thereafter as the matter can be heard, in the Law and Department of the above-entitled Court, defendant PEOPLES TEMPLE OF THE DISCIPLES OF CHRIST will move the Court for an order to strike the following portions of the Complaint in the above-entitled action:
1. From the first cause of action, page 6, paragraph 13,
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lines 7-8 the following words: “defendant JONES knew that he was about to be exposed in the press for various crimes and immoral acts.”
2. From the first cause of action, from page 8, line 17 to page 9, line 14, all of paragraphs 16 and 17.
3. From the second cause of action, page 14 paragraph 29 lines 12-18 the following words: “Plaintiff is informed and believes and thereon alleges that defendant then and there referred to such a threat euphemistically as a threat of ‘revolutionary suicide,’ when in actuality it was a megalomaniacal threat of ‘mass murder’ which would result in the death of minor children not old enough to make matters of any suicide.
4. From lines 5-14 the voluntary and informed decisions about serious nature, much less insane proposals of collective the second cause of action, page 16, paragraph 32 following words: “Attached as Exhibit D and made a part hereof is an article from the June 15, 1978 issue of the 18 San Francisco Chronicle’ newspaper which is entitled, ‘Grim Report 19 From Jungle.’ Said article purports to be an eye-witness account by ‘defector’ Deborah Layton of the acts of defendant shows that plaintiff’s interpretation of the March 14 and the April 18 press release as a reference to mass JONES and open letter murder was accurate. Plaintiff is informed and believes and thereon alleges that the aforesaid article on Deborah Layton is true and correct in all respects.
5. From the third cause of action, page 17, paragraph 39,
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lines 21-26 the following words: “as a collectivist society whose 21 members, including plaintiff’s relatives, would be required to devote total allegiance to defendant JONES and to terminate all meaningful family ties. One of the purposes of said conspiracy and agreement was to deter plaintiff from attempting to re-establish even minimal contact with any of his relatives above-mentioned.”
6. From the fourth cause of action, paragraph 55, page 22 line 17 to page 23, line 1, the following words: “Attached as Exhibit G and made a part hereof is the ‘statement’ referred to by the above-mentioned press release. It is a 49-page document signed by plaintiff, and is entitled: ‘Accusation of Human Rights Violations by Rev. James Warren Jones Against Our Children and Relatives at the Peoples Temple Jungle Encampment in Guyana, South America.’ It was served publicly on PEOPLES TEMPLE officials in San Francisco on April 11, 1978. It is attached hereto for the purpose of showing that the publication of -the above-mentioned press release was made of and concerning the plaintiff and was so understood by those who read the press release.”
7. The article entitled “Grim Report From Jungle”, attached to the complaint as Exhibit D.’
8. “Accusation of Human Rights Violations by Rev. James Warren Jones Against Our Children and Relatives at the Peoples Temple Jungle Encampment in Guyana, South America”, attached to the complaint as Exhibit G.
Said motion will be made on the grounds that said parts of the complaint herein are irrelevant, immaterial, redundant, and
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scandalous. Said motion will be based on this notice, the Memorandum of Points and Authorities attached hereto and filed and served herewith, all the pleadings, records, and papers on file herein and any oral or documentary evidence presented at the hearing on the motion
Dated: September 18, 1978
GARRY, DREYFUS, McTERNAN, BROTSKY, HERNDON & PESONEN, INC.
By /s/ Charles R. Garry
Charles R. Garry
Attorneys for Defendants.
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PROOF OF SERVICE BY MAIL—10139(a), 2015.5 C.C.P
I am a citizen of the United States; my business address is 1256 Market Street at Civic Center, San Francisco 94102. I am employed in the City and County of San Francisco, where this mailing occurs; I am over the age of eighteen years and not a party to the within cause. I served the within
Notice of Motion to Strike [CCP §§ 435 and 453]
on the following person(s) on the date set forth below, by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the United States Post Office mail box at San Francisco, California, addressed as follows:
Timothy Oliver Stoen
120 Montgomery Street, Suite 1700
San Francisco, CA. 94104
I certify or declare under penalty of perjury that the foregoing is true and correct. Executed on September 18, 1978 at San Francisco, California.
Signature [Blank]