WARNER & JACKSON
639 South spring Street
Los Angeles 14, California
TUcker 9171Attorneys for Plaintiff
FILED
May 14, 1951IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF LOS ANGELESSARA NORTHRUP HUBBARD,
Plaintiff,
vs.
L. RON HUBBARD, etc., et al.,
Defendants.No. D 414 498
PETITION FOR APPOINTMENT OF RECEIVER EX-PARTE.. Rule 28STATE OF CALIFORNIA
County of Los AngelesSARA NORTHRUP HUBBARD, being first duly sworn deposes and says:
That she is the plaintiff in the above entitled action, and does hereby petition the court for the appointment of a Receiver herein, ex parte, to take possession of the community property of the plaintiff and defendant L. Ron Hubbard, standing in the name of said defendant sued herein, all as is alleged and prayed for in the complaint on file, reference to which is hereby made; that an emergency exists, by reason of the fact that said defendant L. Ron Hubbard, abscounded from the State of California on the 25th day of February, 1951, and ever since has remained outside the State of California, for the purpose of avoiding service of process, and for the purpose of defeating the orders of this Court, and to deprive plaintiff of her marital rights herein, all as is alleged in the complaint; that since said 24th day of February, 1951, said defendant Hubbard has traveled about North America, generally under an assumed name to conceal his identity from plaintiff and the American Press, and has stopped over at Elizabeth, New Jersey, New York City, Tampa, Florida, Havana, Cuba, and currently is at Wichita, Kansas; that plaintiff was and is without funds to trace said defendant Hubbard, and on the 7th day of May, 1951, plaintiff appealed to Arthur W. Wermuth, the legendary One Man Army of Bataan, to try to locate said defendant Hubbard in the Wichita, Kansas area, said Wermuth being the State Marshall at Wichita; that on the 8th day of May, 1951, said Wermuth reported to affiant’s attorney, Caryl Warner, that said defendant Hubbard was hiding in Wichita, but that he would probably leave town upon being detected; that said defendant recently sought refuge with his parents and first wife, Margaret Grubb Hubbard, of Bremerton, Washington; that on the 2nd day of May, 1951, said former wife, Margaret, wrote to plaintiff the following, to-wit:
” Sara-
If I can help in any way, I’d like to- You must get Alexis in your custody- Ron is not normal. I had hoped that you could straighten him out. Your charges probably sound fantastic to the average person- but I’ve been thru it- The beatings, threats on my life, all the sadistic traits which you charge- twelve years of it. I haven’t asked for anything, but with the money rolling in from “Dianetics” I had hoped to get enough for plastic surgery for Kays birthmark- Please believe I do so want to help you get Alexis.”That by reason thereof, affiant verily believes, and thereby alleges that said defendant Hubbard will continue to remain outside the Jurisdiction of the State of California; that the defendant Hubbard Dianetic Research Foundation of California, Inc., a California Corporation, is a non-profit corporation and is in fact the alter ego of and solely owned by said defendant Hubbard, in that said corporation is owned and controlled by said Hubbard, who personally directs the entire business operation, and uses the corporation funds as his own; that bank checks by said corporation are drawn on corporate funds at the direction and whim of said Hubbard, as illustrated by the following check, being the last funds given plaintiff by said defendant Hubbard, to-wit:
LOS ANGELES March 15 1951 No. 1004
UNIVERSITY & JEFFERSON BRANCH
SECURITY-FIRST NATIONAL
BANK OF LOS ANGELES
724 West Jefferson
PAY TO THE ORDER OF
Sara N. Hubbard $35.00
***THIRTY-FIVE DOLLARS***DOLLARSPer diem allowance
March 12-18, 1951 per
instructions of L. Ron
HubbardFRANK B. DESSLER /s/
G. GORDON DEWEY /s/That the affairs of said corporation are directed and controlled by said defendant Hubbard through corporate trustees nominally vested with the direction and control of sold corporation, being said Hubbard, plaintiff herein, and Alfred E. Van Vogt; that plaintiff and said Van Vogt are nominal trustees without any actual power or authority; that complete power and authority over corporate affairs is exercised by said defendant Hubbard, and his disciples; that by reason thereof, said defendant Hubbard actually directs said corporation through defendant Frank B. Dessler; that by reason thereof, all of the personal and real
property of said defendant corporation was and is the community and joint property of the plaintiff and defendant Hubbard, and should be subjected to the jurisdiction and orders of the Court; that the said real property held by said defendant corporation and referred to in the complaint on file herein, for which a receivership is asked, is situated at 2600 South Hoover Street, Los Angeles, and is in the actual possession of said defendant Dessler, an admitted ex-convict; that said property is vacant except for caretakers; that the telephone of said Dessler is DUnkirk 32755, and DUnkirk 22269; that various liens have been filed upon said real property, including the lien of Albert J. Searls, for $3000.00, filed October 27, 1950, in Book 34676, Page 92, of records of Los Angeles County, and a further lien of City Wide Venetian Blind Co., for $342.00 filed October 9, 1950, and recorded in Book 34510, Page 132 of records; that said liens are outstanding, and the Searls’ lien furnishes the subject of the action of Searls vs. Hubbard, et al., Los Angeles Municipal Court 1 039 038, now pending; that in addition thereto, the State of California through its department of employment has filed various liens on said real property for default in taxes and charges that remain unsatisfied, exceeding $1000.00; that affiant is informed and believes, and upon such information and belief alleges and states, that the said defendant corporation in whose name the said real property now stands of record as alleged herein, as the alter ego of said defendant Hubbard, is in fact insolvent to the extent of over $8000.00, and by reason thereof, it is necessary that a receiver be appointed to preserve the community property of the parties, all as is alleged in the complaint on file herein; that said real property is vacant and not in use at the present time, in that said property is primarily adopted for residential use, and is up for sale at the present time, for the proposed sales price of $100,000.00, with some $50,000.00 encumbrances against it; that
affiant is informed and believes, and upon such information and belief alleges and states, that if said property is converted into cash by said Dessler and Hubbard, acting for the corporation, that said defendant Hubbard will immediately remove such funds from the state of California, and conceal the same, just as he abducted the baby of the parties hereto and abscounded himself, all as is set forth in the complaint herein, and for the purpose of evading the processes of this court, and with the intent to cheat and defraud plaintiff herein; that the granting of a receivership over said property will not seriously interfere with the business of the said defendant corporation, in that it now maintains its principal place of business at 715 south Parkview Street, Los Angeles, where it leases the premises for approximately $450.00 per month; that said foundation operation is also being closed down, by reason of inactivity and public apathy in regard to Dianetics; that the parties have a substantial community property equity in a 1950 Lincoln Sedan; that a payment of $80.00 is owing as of April 1st, 1951 and another as of May 1st, and, said car will be repossessed by the Plainfield Trust Co. of New Jersey unless said payment is made; that affiant has the possession of said car, but has no funds to make said payments, and will turn said automobile over to said receiver to be sold, and the unpaid purchase price paid and equity salvaged; that by reason of the peculiar circumstances of this case, and the fact of the obvious instability of the defendant Hubbard, his arbitrary domination of the affairs of defendant corporation, and his control of the community assets of the parties hereto, acting through his said alter ego corporation, plaintiff has no speedy, adequate, or plain remedy at law, other than through the appointment of a receiver herein, ex-parte, as prayed for in said complaint; that unless such receivership is granted, said defendant Hubbard acting through said defendant corporation and defendant Dossier,
will fulfill his threats to, and will cheat and defraud plaintiff of her rightful interest in the community property, and rights of alimony and child support, and will leave plaintiff childless, helpless and penniless.
WHEREFORE, affiant prays that a receivership be granted ex parte herein, and that the said receiver be directed to take over the community property and assets described herein, together with funds on deposit of the plaintiff and defendant Hubbard herein, with the defendant banks standing in the name of defendant Hubbard, also known as Lafayette Ronald Hubbard, and The Hubbard Dianetics Research Foundation of California, Inc., a California corporation.
[signed]
Sara Northrup HubbardSubscribed and sworn to before me this 14th day of May, 1951.
(SEAL)
[signed]
Notary Public in and for said County and State.