Text of Mark Miller's 1986 Lawsuit Against Adi Da for Fraud and Infliction of Emotional Distress
General Allegations |
Ford Greene, Attorney at Law
558 San Anselmo Avenue
San Anselmo, CA 94960 Telephone (415) 258-0360
Attorney for Plaintiff
SUPERIOR COURT OF THE STATE OF CALIFORNIA,
IN AND FOR THE COUNTY OF LAKE
Case No. 22177, filed May 21, 1986
M. MILLER, an individual,
vs.
FRANKLIN A. JONES, an individual; DOES 1 to 250.
COMPLAINT FOR DAMAGES; FRAUD AND DECEIT - INTENTIONAL MISREPRESENTATION; FRAUD AND DECEIT - SUPPRESSION OF FACT; FRAUD AND DECEIT - PROMISE MADE WITHOUT ANY INTENTION TO PERFORM; FRAUD AND DECEIT - NEGLIGENT MISREPRESENTATION; UNDUE INFLUENCE - IMPOSITION OF CONSTRUCTIVE TRUST; INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS; NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS.
Comes now Plaintiff M. MILLER who alleges as follows:
1.) Plaintiff MARK MILLER (hereafter referred to as "MILLER") is, and at all times mentioned herein was an individual and resident of the State of California.
2.) Plaintiff is informed and believes and alleges thereon that at all times mentioned herein defendant FRANKLIN JONES, also known as BUBBA FREE JOHN, also known as DA FREE JOHN, also known as MASTER DA FREE JOHN (hereafter referred to alternatively as "MASTER DA" or "JONES") is, and at all times mentioned herein was, the sole source of authority for and exercised complete and entire control over the JOHANNINE DAIST COMMUNION, a nonprofit corporation; CRAIG LESSER, an individual; CRAIG WOLFE, an individual; DAWN HORSE PRESS, a business entity form unknown; VISION OF MULUND INSTITUTE, a business entity unknown; and DOES 1 250.
3.) Plaintiff is informed and believes and thereon alleges that from January 1975 through August 1982, MASTER DA was a resident of the State of California; from August 1982 through June 1983, MASTER DA was a resident of the State of Hawaii; and from June 1983 through the present time MASTER DA has been a resident of the Country of Fiji. Notwithstanding the physical absence of MASTER DA from the State of California for the periods set forth, Plaintiff is informed and believes and alleges thereon that at all times mentioned herein MASTER DA has operated, controlled, directed and unilaterally dominated the business decisions and operations of JOHANNINE DAIST COMMUNION, DAWN HORSE PRESS, VISION OF MULUND INSTITUTE, and DOES 1 through 250.
4.) Plaintiff is informed and believes and alleges thereon that JOHANNINE DAIST COMMUNION, (hereafter referred to as "JDC") is organized as a nonprofit religious corporation under the laws of the State of California with its headquarters and principal place of business in San Rafael, County of Marin, California.
5.) Plaintiff is informed and believes and alleges thereon that at all times mentioned herein CRAIG LESSER (hereinafter referred to as "LESSER") is and was a resident of the State of California.
6.) Plaintiff is informed and believes and alleges thereon that at all times mentioned herein CRAIG WOLFE (hereafter referred to as "WOLFE") is and was a resident of the State of California and is currently a staff member of JDC.
7.) Plaintiff is informed and believes and alleges thereon that at all times mentioned herein DAWN HORSE PRESS (hereafter referred to as "HORSE PRESS") is a business entity operating in the State of California, and currently having its principal place of business located in San Rafael.
8.) Plaintiff is informed and believes, and alleges thereon that VISION OF MULUND INSTITUTE is a business entity whose form is presently unknown to plaintiff.
9.) Plaintiff is ignorant of the true names and capacities of defendants sued herein as DOES 1 through 250 and therefore sue these defendants by such fictitious names. Plaintiff will amend this complaint to allege their true names and capacities when ascertained. Plaintiff is informed and believes, and on that basis alleges, that each of the defendants herein acted in concert with each and every other defendant, intended to and did participate in and cause the events, acts, practices and courses of conduct alleged herein, and proximately caused damage and injury to plaintiff as alleged herein.
10.) Plaintiff is informed and believes, and thereon alleges, that each of the defendants is, and at all times mentioned herein was, an agent of each of the other defendants, in that at all times mentioned herein each of the defendants was authorized and empowered by each of the other defendants to act, and did act as the principal or agent of each of the other defendants, and that each and all things herein alleged were done by each defendant in the course and scope of such agency and in the capacity of, and as principal or agent for, each of the other defendants.
11.) In the Spring of 1976, plaintiff MILLER was a active, trusting, idealistic and impressionable nineteen (19) year old young man possessed by a burning philosophical desire to ascertain the purpose and meaning of his life and discover the "Truth" and was deeply disturbed by what he perceived to be the absence of moral values in the society around him. At said time MILLER was a student, matriculated at the University of California, San Diego, who held a 4.0 grade average, was the beneficiary of a full academic scholarship, and was the top tennis player on the university tennis team. MILLER did not use either drugs or alcohol.
12.) During the Spring of 1976, MILLER was, and for three (3) years had been, romantically involved in a serious monogamous relationship with a young, teenage woman named Julie Anderson, who later was to become the subject of the September 1976 centerfold pictorial of Playboy Magazine.
13.) During the Spring of 1976, MILLER suffered concern and anxiety due to the mental condition of Julie Anderson. MILLER has information, believes and thereon alleges that Julie Anderson at said time suffered from psychotic hallucinations and bulimia, had attempted to commit suicide by slashing her wrists a number times and was under psychiatric care.
14.) During the Spring of 1976, MILLER loved Julie Anderson very much and considered her to be the most important thing in his life.
15.) During the Spring of 1976, HORSE PRESS published and caused to be distributed certain literature authored by defendant MASTER DA, including but not limited to, "The Knee of Listening", "The Method of the Siddhas", and "No Remedy."
16.) The literature enumerated in the immediately preceding paragraph set forth certain notions of defendant MASTER DA regarding the purpose and meaning of human existence and the discovery of the "Truth." According to said literature an individual was to attain the path of and progress in spiritual development by means of entering into a "guru disciple relationship" with defendant MASTER DA.
17.) In the aforementioned literature defendant MASTER DA held himself out to be the living, human embodiment of "God" and a perfectly enlightened "Master." Defendant MASTER DA ascribed to himself the ability to cause spiritual development in a disciple by special psychic and transcendental forces emanating from the person of MASTER DA, the intensity of which could be controlled by the will of MASTER DA.
18.) In the Spring of 1976, plaintiff MILLER became acquainted with the writings of MASTER DA, set forth in paragraph 5, after leafing through the literature in the bookstore of University of California at San Diego.
19.) Shortly thereafter, in the Spring of 1976, plaintiff MILLER attended a movie and presentation at University of California, San Diego. Said movie and presentation featured footage of talks given by defendant MASTER DA as well as teachings promulgated by MASTER DA.
20.) Said movie and presentation was given by DOES 51 and 52 who held themselves out to plaintiff MILLER as being disciples of defendant MASTER DA.
21.) DOES 51 and 52 spoke with plaintiff MILLER at said presentation and advised him that school and "conventional life" were a "karmic deadend" and if plaintiff wanted to spiritually develop and ascertain the "Truth", MILLER should quit school and come and live with defendant MASTER DA. DOES 51 and 52 told plaintiff MILLER that if MILLER was sincere in his quest for the "Truth," MILLER should sacrifice everything in his life in order to be within the sphere of the personal influence of the living, human embodiment of God. DOES 51 and 52 further advised MILLER that MASTER DA was the final culmination of human spiritual development and the greatest spiritual master of all history who was superior to Jesus, Buddha and Krishna. DOES 51 and 52 further advised MILLER that since MASTER DA was the living incarnation of God in human form, MASTER DA was capable of causing the spiritual enlightenment of his disciples in a relatively short period of time, and could do the same for MILLER provided that MILLER place himself within the physical, personal sphere of the influence and presence of MASTER DA. DOES 51 and 52 further advised plaintiff MILLER that terminating his attendance at the university and sacrificing any other commitments to which MILLER gave his allegiance and loyalty would be a small price to pay for the attainment of the "Truth" that would flow from living within the sphere of personal influence emanating from defendant MASTER DA.
22.) In June 1976, immediately after the completion of that school year, plaintiff MILLER traveled from San Diego to San Francisco in order to contact representatives of JDC located at the Dawn Horse Bookstore on Polk Street to follow the advice of DOES 51 and 52.
23.) Upon MILLER'S arrival at said Dawn Horse Bookstore, he was interviewed by two JDC representatives and MASTER DA disciples, Steven Frappier and John Moyer. Plaintiff told Frappier and Moyer that he had been told MASTER DA was an incarnation of God, and that he was willing to sacrifice his full academic scholarship and drop out of school if such action was necessary to attain enlightenment by being within the sphere of the personal presence of MASTER DA.
24.) In response to the expression of prospective commitment by MILLER to MASTER DA set forth in the immediately preceding paragraph, Frappier and Moyer told MILLER that they felt MILLER was "one of Bubba's own" in reference to an expression written by MASTER DA in which he claimed that many of his disciples were given to him at the "beginning of time." Frappier and Moyer then advised MILLER to begin to live in the JDC "community" as soon as possible so that his spiritual development could begin, and that said spiritual development of MILLER would rapidly accelerate as soon as he came within the sphere of personal influence emanating from MASTER DA.
25.) In conclusion of the interview with plaintiff at the Dawn Horse Bookstore in San Francisco, Frappier and Moyer advised plaintiff that only qualified disciples were allowed to physically be within the sphere of personal influence emanating from MASTER DA. In order to be accorded such a privilege, plaintiff was advised that he would be required to observe the following discipline: (a) eat a vegetarian diet; (b) partake of sex only within the confines of a monogamous, committed relationship; (c) practice complete abstention from imbibing either drugs or alcohol; (d) to stare at a picture of MASTER DA for one or more hours each day while repeating the word "God" constantly with every breath; (e) participate in the study of the writings of MASTER DA every day; and (f) to donate time, labor and money to MASTER DA.
26.) During the two months following the interview held at the Dawn Horse Bookstore in San Francisco, in order to prepare to receive the "grace" said to emanate from the avatar, MASTER DA, plaintiff MILLER immediately started to practice some, if not all, of the disciplines enumerated in the immediately preceding paragraph.
27.) In August 1976 two representatives of JDC and disciples of defendant MASTER DA, David Smith and Jeff Polson, visited plaintiff MILLER and his girlfriend, Julie Anderson, in Los Angeles in order to speak to MILLER and Anderson about MASTER DA and his community of disciples. During the course of the conversation plaintiff MILLER and his girlfriend, Julie Anderson advised Smith and Polson that MILLER was the beneficiary of a full academic scholarship from the University of California, possessed a 4.0 grade average at the university and was the top player on the tennis team of the San Diego campus and that Anderson was soon to be featured as a "Centerfold" in Playboy Magazine.
28.) During the course of said visit Smith and Polson represented to plaintiff MILLER that defendant MASTER DA possessed and could at will exercise vast and tremendous psychic powers which had the capacity to absorb the character flaws of his disciples through a single glance or touch. Smith and Polson further represented to plaintiff MILLER that beings on the spiritual magnitude of MASTER DA were rarely present on earth, and that if plaintiff did not take advantage of entering the sphere of personal influence emanating from MASTER DA, MILLER would be wasting an unprecedented opportunity to attain spiritual enlightenment as well as wasting his life as a whole.
29.) During the course of the visit in Los Angeles of Smith and Polson, plaintiff described to and discussed with them his perceptions of the hallucinatory delusions, bulimia and suicidal tendencies of his girlfriend, Julie Anderson. Plaintiff MILLER further expressed to Smith and Polson his deep concern for the welfare of Julie Anderson as well as his concerns for her safety.
30.) In response to plaintiff's expressions set forth in the immediately preceding paragraph, Smith advised plaintiff MILLER that his girlfriend was possessed by demonic entities and that defendant MASTER DA possessed the psychic ability to perform exorcisms and had banished demons and other discarnate, malevolent entities from disciples in the past. Smith led plaintiff MILLER to believe that defendant MASTER DA would exorcise such demons from Julie Anderson if plaintiff MILLER and his girlfriend, Anderson, entered into discipleship to MASTER DA.
31.) During the same visit Smith told plaintiff that Smith personally had experienced proof that MASTER DA was "God" in that the first time that Smith saw a book written by MASTER DA a beam of light shot out from the eyes of the picture of MASTER DA on the cover of the book into the eyes of Smith. Said immediately preceding representation of Smith was provided to MILLER as proof or support for the premise that as "God", MASTER DA possessed transcendent psychic powers; that Smith was a "spiritual" person; and plaintiff should follow advice of Smith by surrendering control of his life to defendant MASTER DA.
32.) In response to the statements of Smith set forth in the immediately preceding paragraph plaintiff MILLER stated that he could not immediately become a livein member of JDC and disciple of MASTER DA because plaintiff believed that his girlfriend, Julie Anderson, would commit suicide if MILLER left her and that she had stated that she had no intention of becoming a member of JDC and disciple of MASTER DA.
33.) In response to the statements of plaintiff MILLER set forth in the immediately preceding paragraph, Smith laughed at plaintiff and stated that it was the problem of Julie Anderson if she killed herself, and that MILLER could not be responsible or concerned for anything that Julie Anderson chose to do. Smith further advised plaintiff MILLER that anything that stood in the way of MILLER'S ability to physically be within the sphere of the personal presence of MASTER DA was a spiritual obstacle which at all costs must be overcome if spiritual enlightenment were to be obtained.
34.) As a result of the conversation set forth in paragraphs 27 through 33 above, plaintiff MILLER advised his girlfriend, Julie Anderson, that he intended to sacrifice his life as it then existed in order to enter into and make a commitment for a discipleship to defendant MASTER DA, and asked his girlfriend to join him.
35.) Plaintiff is informed and believes, and alleges thereon, that as a result of the content of the immediately preceding paragraph, Julie Anderson suffered great mental anguish and then advised plaintiff MILLER that she would accompany him in moving from the Los Angeles Area to the San Francisco Area in order to become a member of JDC and disciple of defendant MASTER DA.
36.) On or about September 1, 1976 plaintiff MILLER and Julie Anderson moved from Los Angeles to San Francisco and in obedience to the instructions of certain JDC staff members, commenced living in a household of disciples of MASTER DA that as located on Central Street in San Francisco.
37.) On or about September 2, 1976, the then 20 year old plaintiff MILLER and Julie Anderson were advised by a disciple of MASTER DA that MASTER DA expected the young couple to visit him at his home on JDC's "Sanctuary Property" in Lake County that night.
38.) When the young couple arrived at the Sanctuary on or about the evening of September 2, 1976 they were met by Craig Lesser who advised the couple that MASTER DA wanted to see them immediately, however not before Lesser had an opportunity to talk with them.
39.) Lesser thereupon advised plaintiff MILLER and his girlfriend, Julie Anderson, that the disciplines and teachings propounded in the writings of MASTER DA were meant only for the public and that MASTER DA was using drugs and alcohol and was currently requiring the use of drugs and alcohol by close disciples as a means of obtaining spiritual enlightenment.
40.) Lesser further advised the couple that the proper "spiritual practice" was to "surrender to MASTER DA every part of their being" so that they could be transformed through the transcendental and psychic influences emanating from the person of defendant MASTER DA, the living embodiment of "God" in human form. Lesser also advised plaintiff MILLER at this time that any negative reactions, thoughts or feelings arising from the encounter with MASTER DA were a sign of spiritual immaturity and should be surrendered to MASTER DA.
41.) Upon being advised by Lesser that MASTER DA himself used alcohol and drugs and that he required the use of drugs and alcohol by his disciples, plaintiff MILLER and Anderson both strongly objected. Additionally, plaintiff MILLER advised Lesser that MILLER had experienced violent physical reactions to marijuana manifested by repeated vomiting and hallucinations on the few occasions that MILLER had experimented with marijuana some years before. MILLER also advised Lesser that Julie Anderson had experienced strong adverse psychological reactions to the use of marijuana in the past.
42.) Lesser assured both Plaintiff MILLER and Julie Anderson that their respective past adverse reactions to the effect of marijuana were merely the "resistance" and "obstruction" of the nervous system to the "force of life," and that said adverse reactions or "resistance" must be surrendered to defendant MASTER DA who then would absorb and erase such "resistance" by means of his godly transcendental influence which would, in turn, cause the intensification of the "force of life" in plaintiff MILLER and Julie Anderson, respectively.
43.) On the basis of the statements in the immediately preceding paragraph plaintiff MILLER is informed and believes and alleges thereon that Lesser implied that if plaintiff and Julie Anderson objected to the use of drugs and alcohol with defendant MASTER DA, plaintiff MILLER and Julie Anderson were spiritually immature, weak in spiritual understanding, and ignorant of the way true spiritual masters worked.
44.) Lesser further advised plaintiff MILLER and Julie Anderson that without proper understanding and the "right relationship", i.e. submission, to defendant MASTER DA, there was no way that they could be penetrated by the profound spiritual influence emanating from the person of defendant MASTER DA, and thus could not be "transformed."
45.) After an extended period of intense, intimidating and coercive conversation initiated by Lesser and focused on plaintiff MILLER; after the then 20 year old plaintiff had already given up all the attachments to what previously had been his life and moved from Southern to Northern California, plaintiff MILLER was coerced into compliance with Lesser 's and MASTER DA's wishes regarding the use of drugs and alcohol.
46.) Immediately following the conversation set forth in paragraphs 38 through 45 above, plaintiff MILLER and his girlfriend, Julie Anderson, were escorted by Lesser to meet for the first time defendant MASTER DA whose real name is FRANKLIN JONES.
47.) During this initial meeting with defendant MASTER DA on or about September 2, 1976 and while under the personal observation and supervision of defendant MASTER DA, Lesser, Peter Roberts and others administered copious quantities of drugs and alcohol to the minors, plaintiff MILLER and Julie Anderson.
48.) While overseeing the administration of drugs and alcohol set forth in the immediately preceding paragraph, defendant MASTER DA questioned plaintiff and Julie Anderson about their respective personal histories. Defendant MASTER DA acknowledged his awareness of the appearance of Julie Anderson in Playboy Magazine and manifested extreme interest therein. During the course of this first conversation with defendant MASTER DA, plaintiff MILLER disclosed to MASTER DA that he and Julie Anderson were both minors. MILLER further advised defendant MASTER DA that he had dropped out of school, sacrificed his scholarship, and left his family in Los Angeles in reliance on the representations of DOES 51 and 52, Steven Frappier, John Moyer, David Smith, and Jeff Polson, and others that defendant MASTER DA was the living embodiment of "God" in human form, who as a result of such transcendent status, possessed the capacity to spiritually "transform" other less fortunate human beings.
49.) Later, on the evening of September 2, 1976, after plaintiff MILLER first spoke with defendant MASTER DA, three upper level disciples of defendant MASTER DA named DOES 53 through 55, inclusive, physically and forcibly removed plaintiff MILLER from the group of people that had gathered with defendant MASTER DA in his living room at the JDC Sanctuary. Plaintiff is informed and believes and thereon alleges that Does 53 through 55 were employees of JDC and agents of MASTER DA.
50.) By means of the physical force used to remove plaintiff MILLER from the living room of the Sanctuary, DOES 53 through 55, inclusive, within the personal observation and supervision of defendant MASTER DA, separated and isolated MILLER from his girlfriend. DOES 53 through 55 thereafter kept plaintiff MILLER captive and continued to administer copious quantities of alcohol and drugs to plaintiff MILLER.
51.) As a result of the administration of alcohol and drugs set forth in the immediately preceding paragraph and in paragraph 49 above, in conjunction with enormous pressures of social influence created, among other things, by the expectation of meeting "God" and by the strange behavior of those participating in this "community of God", plaintiff MILLER suffered from great intoxication and disorientation manifested by repeated vomiting, dizziness, fear and confusion.
52.) During the evening of on or about September 2, 1976 plaintiff MILLER was forcibly removed from the living room of defendant MASTER DA two more times, in addition to the instance set forth in paragraph 49, by DOES 53 through 55, inclusive. The third and final time that plaintiff MILLER was removed from MASTER DA's living room at the JDC Sanctuary, he was not brought back or allowed back inside.
53.) During the periods of captivity set forth in paragraphs 49 and 52 above, and while in the custody of DOES 53 through 55, inclusive, plaintiff MILLER was continually subjected to constant verbal abuse, degradation and physical threats. Inter alia, plaintiff MILLER was told that he was "full of shit"; that he did not belong at the Sanctuary because he "was not spiritual, and all of the disciples of MASTER DA were spiritual"; and that plaintiff was "a punk straight off the streets and should be treated just like one." Plaintiff MILLER was further told that the reason he was confused, frightened and sick was that plaintiff existed spiritually on a "worldly level of consciousness that needed to be purified." DOES 53 through 55, inclusive, further advised plaintiff MILLER that MILLER must submit to the will of defendant MASTER DA and the male leaders of JDC in order to attain truth, wisdom and spiritual maturity. DOES 53 through 55, inclusive, further advised plaintiff MILLER that MILLER was required to obey and conform to the authority, conduct and "spiritual qualities" of defendant MASTER DA and the male leadership of JDC.
54.) As a result of the foregoing coercion, pressure, alcohol and drug intoxication and resultant sickness, plaintiff was unable to sleep the night of September 2, 1976, his first night at the Sanctuary.
55.) On the second night, on or about September 3, 1976 plaintiff MILLER and Julie Anderson were again brought to defendant MASTER DA who personally supervised the administration of copious quantities of alcohol and drugs.
56.) Again, as a result of said administration of alcohol and drugs plaintiff MILLER suffered serious illness with repeated vomiting, dizziness and hallucinations in conjunction with extreme confusion and disorientation.
57.) Late the second night, on or about September 3, 1976, while within the sphere of the personal presence of defendant MASTER DA, and while being verbally demeaned, plaintiff MILLER was forcibly removed from MASTER DA's living room at the Sanctuary by an upper level disciple and told that although plaintiff's girlfriend, Julie Anderson, would be kept in the house with defendant MASTER DA, plaintiff MILLER would not be allowed back inside the house.
58.) Due to the aforementioned confusion, disorientation, and sickness from alcohol, drugs, and other factors, plaintiff MILLER was unable to obtain any rest or sleep at any time during the second night with defendant MASTER DA which took place on or about September 3, 1976.
59.) By means of manipulation of plaintiff's idealistic desire to attain the "Truth" and frustration at being unable to find "Truth" in the society around him, deception, administration of copious quantities of alcohol and drugs resulting in extreme intoxication and vomiting, isolation and separation from his girlfriend, intimidation, degradation, abuse, emotional stress and physical threats from MASTER DA, Lesser, and DOES 53 through 55, inclusive, said persons perpetrated the undermining, breakdown, and destruction of plaintiff MILLER's capacity for independent thought, ability to reason, perceive and comprehend the events occurring around him so that by the advent of the third morning at the Sanctuary arising on or about September 4, 1976, MILLER's capacity for independent thought or exercise of volition was destroyed.
60.) On or about the morning of September 4, 1976, plaintiff MILLER was advised by Julie Anderson, whom plaintiff is informed and believes and alleges thereon was extremely drugged after again spending the entire night at the Sanctuary and home of MASTER DA, that her "highest function in life was to become the ninth wife of MASTER DA." During this same conversation plaintiff was advised by Julie Anderson that MASTER DA wanted her to deliver to plaintiff the message that plaintiff's "spiritual obligation" as a disciple of MASTER DA was to pass this "test of sincerity" by surrendering the woman he loved to defendant MASTER DA along with all and any negativity and adverse reactions to said "surrender" as an element of plaintiff's spiritual "purification."
61.) For an approximate minimum of five years following September 4, 1976, plaintiff was separated and isolated from Julie Anderson in that he was not only not allowed a single opportunity to privately speak with her, but was also ordered not to speak with her in the name of his own best spiritual interests.
62.) On the same morning, shortly after plaintiff was advised by Julie Anderson that she was to become the ninth wife of MASTER DA, plaintiff was taken by Lesser and DOES 56 through 59, inclusive, to an encountergrouplike indoctrination session where for a period of not less than six hours straight plaintiff was confronted, degraded and psychologically manipulated by Lesser and DOES 56 through 59, inclusive, all of whom where aware that plaintiff was particularly vulnerable due to his age, and physical and emotional depletion set forth above.
63.) During the course of said indoctrination session plaintiff was advised by Lesser and DOES 56 through 59, inclusive, that the sickness and vomiting that plaintiff had experienced over the course of the preceding three days was the result of the transmission of psychic energy by MASTER DA and was symptomatic of the spiritual "purification" of plaintiff. Plaintiff was advised that what he was experiencing was called "Shakti Fever."
64.) During the course of said indoctrination session plaintiff was further advised and shown JDC literature by Lesser and DOES 56 through 59, inclusive, indicating that in order for plaintiff to reach spiritual enlightenment, it was necessary, among other things, for him to be tricked and tortured by defendant MASTER DA in order to see and understand that MASTER DA was "God." Plaintiff was advised that the greatest sin a man could commit was to consider or judge the guru, MASTER DA, as an "ordinary man." Plaintiff was also told that he must perfectly surrender his mind, body and soul to defendant MASTER DA in order to receive the spiritual influence emanating from MASTER DA. Plaintiff was told that since MASTER DA had perfectly transcended his own ego, every single act committed by MASTER DA was done solely for the sake of helping the spiritual development of his disciples.
65.) In light of the representations set forth in paragraphs 63 and 64, plaintiff MILLER was further instructed that he was facing a "major test" of his spiritual commitment; that if he was "serious and sincere" he would pass the test by "surrendering" his girlfriend to defendant MASTER DA; and that it was necessary for plaintiff to give up any negative reactions, thoughts, feelings or concerns regarding the surrender of his girlfriend. Plaintiff was moreover instructed by Lesser and DOES 56 through 59, inclusive, that his negative reactions were exactly what he needed to "transcend" in order to make spiritual progress; that plaintiff was extremely fortunate because he could be relieved of a lifetime of "worldly and conventional attachment" to Julie Anderson in only a few days through the aid of defendant MASTER DA's spiritual influence; that the previous three days with MASTER DA were the greatest, most significant and beneficial events that had yet occurred in plaintiff's life; and that although plaintiff felt utterly devastated, the feeling of devastation was the result of plaintiff's spiritual immaturity and resistance to the action of MASTER DA who for plaintiff's benefit was dissolving plaintiff's ego.
(66.) Plaintiff is informed and believes, and thereon alleges, that the purpose of the concentrated and focused application and imposition of pressures of social influence and indoctrination was for the purpose of brainwashing plaintiff MILLER and to inculcate in him the belief that defendant MASTER DA was the living embodiment of "God" in human form, and as such was above the constraints of "conventional morality" and not subject to any accountability for his behavior. Concomitantly, plaintiff MILLER was brainwashed into believing and as a result of such brainwashing did believe that each and every one of his own feelings, thoughts and reactions were a product of his "unenlightened ego " and should be ignored or "transcended"; i.e., suppressed, in order to attain spiritual development. The successful brainwashing of plaintiff MILLER into accepting the validity of two major concepts; that MASTER DA is "God" and that he product of MILLER's own mentation was inferior, unenlightened and "bad"; and resulted in the total undermining, breakdown and destruction of plaintiff's capacity for independent thought and ability to reason and the advent of plaintiff's total submission and obedience to the commands of "God" as manifested in defendant MASTER DA whose real name is FRANKLIN JONES.
67.) As a direct result of being subjected to thought reform by MASTER DA, Lesser, DOES 51 through 59, inclusive, plaintiff MILLER was compelled to sacrifice a number of years of his life and give much money, labor, and other services to MASTER DA and JDC.
68.) On or about September 4, 1976, shortly after the indoctrination session described above, plaintiff was removed from the Sanctuary by Lesser and driven to San Francisco. During the course of the ride plaintiff was further indoctrinated and ordered not to discuss any of what had occurred the previous three days at the Sanctuary with anybody else, most particularly plaintiff's former friends, family or the family of Julie Anderson. Plaintiff was further ordered by Lesser not to have any communication with his former friends, family or the family of Julie Anderson for an indefinite period of time.
69.) In the weeks that followed during the months of September and October 1976 Lesser and DOES 60 through 150, inclusive, continued to constantly impose and apply techniques of thought reform, which included the administration of copious amounts of alcohol and drugs to plaintiff MILLER.
70.) During September 1976 plaintiff was instructed by Lesser to express his "gratitude" to MASTER DA for the spiritual "teaching" and "grace" bestowed upon plaintiff by MASTER DA by giving MASTER DA an expensive gift. In obedience to this instruction plaintiff sold his only possession of value, his car, for $1,000.00 which he then used the majority of to purchase gifts which he gave to defendant MASTER DA.
71.) Plaintiff is informed and believes, and alleges thereon, that his loyalty and obedience were usurped by defendants, and each of them, at the behest of defendant MASTER DA and said usurpation of plaintiff's loyalty and obedience was accomplished and maintained by means of a carefully designed program of thought reform and behavior reconstruction which is characterized by, but not necessarily limited to, the imposition and application of the following techniques: isolation of plaintiff MILLER from outside influences and former friends as found, in paragraphs 37, 45, 49, 50, 52, 57, 61, and 68, inclusive; control over plaintiff's channels of communication and limitation of information available to him regarding MASTER DA and JDC as found in Paragraphs 36 through 45 and 47 through 71; physical and physiological depletion of plaintiff by the coerced administration of alcohol and drugs and insufficient sleep, as found in paragraphs 45, 47, 50, and 54 through 58, inclusive; installation and magnification of guilt for plaintiff's inner state of "spiritual immaturity" and "resistance" to the "force of life" as reflected in the commands, instructions and suggestions of MASTER DA, Lesser, DOES 53 through 59 as found in paragraphs 39 through 46, 53, 60 through 66, inclusive; threats of physical or spiritual annihilation if plaintiff did not obey defendant MASTER DA and the leadership of JDC as found in paragraphs 53 and 65; degradation and attacks on the plaintiff's former self or identity as found in paragraphs 53, and 60 through 66, inclusive; intense peer group pressure applied through group "scrutiny sessions" as set forth in paragraphs 62 through 66; the alternation of harshness and leniency; and the required performance of symbolic acts that betray former norms and values as found in paragraphs 41 through 45, 53, 60 and 70.
72.) On the basis and as a result of the imposition of the techniques enumerated in the immediately preceding paragraph plaintiff's desire for spiritual growth was manipulated into a twisted psychology characterized by plaintiff's holding beliefs which seemed contrary to his perceptions, and plaintiff, whose thoughts, having been reformed into believing that any "negativity" or "resistance" to the commands of MASTER DA was due his own "spiritual immaturity," was compelled to condemn his own perceptions as disingenuous. The notion that defendant MASTER DA was the living embodiment of "God" in human form provided the key of intimidation, which in conjunction with the focused imposition of thought reform, kept the lock on plaintiff MILLER'S consciousness closed because to challenge the validity of the premise of MASTER DA as "God" was to challenge the validity of "God" per se. Plaintiff's intellectual and emotional ability to distinguish the difference between the workings of his own mind and the suggestions and commands handed down by MASTER DA and his agents and employees was paralyzed. By means of the techniques enumerated in paragraph 71 and elsewhere, in plaintiff MILLER'S mind the word "God" had become synonymous with and coextensive to the person of MASTER DA.
73.) From September to November 1976 plaintiff lived at the JDC house on Central street in San Francisco. During this period of time plaintiff performed various tasks for no pay, including, but not limited to, maid work, kitchen work, ditch digging, landscaping, lawn mowing, house painting, working in JDC run businesses such as the Coop Foodstore on Mission Street in San Francisco and providing private tennis lessons to defendant MASTER DA.
74.) Every evening, almost without exception, all the members of whatever JDC house plaintiff happened to live in would gather in a "Sadhana Group. " During the processes practiced in the "Sadhana Group" each individual's most intimate thoughts, feelings and secrets would be brought out, and, as often as not, subjected to group attack. For example, topics discussed included, but were not limited to, frequency of sexual intercourse, whether or not sexual orgasm was achieved, what one eats, thinks, feels, etc.
75.) Plaintiff is informed and believes, and thereon alleges, that defendant MASTER DA would further impose thought reform techniques upon and maintain control over his "disciples" by manipulating the hopes and fears of the discipleship, including plaintiff, by organizing a hierarchy of spiritual development over which MASTER DA held total authority as he placed himself at its apex. The members of the group at the top of the hierarchy, who were most thoroughly brainwashed, would be allowed the "reward" of spending the greatest amount of time within the sphere of "divine" influence emanating from the personal presence of MASTER DA. Since plaintiff and the other disciples were coerced to believe that rapid spiritual development could be attained only through the divine influence emanating from the personal presence of MASTER DA, plaintiff, and each other individual disciple, lived in constant fear of being demoted to a lower rank of spiritual development and being denied access to MASTER DA. Plaintiff and the other disciples were also manipulated into obedience via the hope of promotion and the granting of increased access to MASTER DA.
76.) Plaintiff MILLER, according to the "spiritual" practice of disciples of MASTER DA and members of JDC, would spend one or two hours at the beginning and end of every day staring at a photograph of guru defendant MASTER DA while internally repeating "DADADADADADADA" as a technique of thought reform that MASTER DA called "meditation." Plaintiff was further instructed to internally repeat "DADADADADADADA" constantly during all waking hours.
77.) From September 1976 through December 1982, plaintiff lived at various houses in the San Francisco Bay Area and Lake County with other disciples of MASTER DA. During this period of time plaintiff provided money, labor, services and other benefits at the instruction of and benefit for defendant MASTER DA or the employees and/or agents of JDC.
78.) During early 1977 plaintiff went back to school at University of California at Berkeley while living at the JDC house in Mill Valley, but soon dropped out because the other members of JDC told him that going to school was "worldly," which caused plaintiff to feel too much guilt to continue in school.
79.) On or about 1978 or 1979, plaintiff was required by MASTER DA, or by and through his employees and/or agents, to donate blood plasma up to twice per week while eating a vegetarian diet. Plaintiff has information in which he believes, and alleges thereon that the agents and employees of MASTER DA arranged to take the money thus earned directly from the plasma center into JDC'S bank account. Notwithstanding the suffering by plaintiff of adverse physical effects from so often giving blood and plaintiff's notice of such fact to the agents and/or employees of MASTER DA, plaintiff was told by the JDC medical staff to ingest large quantities of expensive vitamin supplements and to cheat on his medical exams so the plasma center would continue to allow plaintiff to provide blood.
80.) In October 1981 plaintiff was told by defendant MASTER DA's "wife," Elizabeth Brown, that he should leave his full time job and donate all of his time to the management of the construction at the Sanctuary of a home and residence for defendant MASTER DA called the "Manner of Flowers" for no compensation of any kind. From the beginning of October 1981 through December 15, 1981 plaintiff worked approximately 16 hours per day seven days per week, sustained by a diet of raw fruits and vegetables and rice as directed by MASTER DA and his agents and/or employees, supervising and participating in the building of a personal home for defendant MASTER DA. From December 15, 1981 through December 25, 1981 plaintiff worked 20 hours per day, subsisting on the same diet, on building the personal home for MASTER DA.
81.) From approximately October 1981 through January 15, 1982, defendant MASTER DA caused messages to be delivered to plaintiff via his "wife, " Elizabeth Brown, on nearly a daily basis. These messages often contained degrading and highly critical attacks on plaintiff's character as well as outrageous and absurd demands upon plaintiff to complete impossible tasks and obtain more money. Plaintiff has information in which he believes and on that basis alleges that said messages were intended to and did in fact create great distress and turmoil in the mind of plaintiff compounded by the fact of plaintiff's previously described brainwashed understanding of the relative authority levels, roles and obligations between plaintiff and MASTER DA.
82.) Plaintiff is informed and believes, and alleges thereon: that when he came to work on MASTER DA's house on December 25, 1981 and fewer people than normal had appeared to volunteer their labor, MASTER DA asked plaintiff "Why isn't everyone here?" Plaintiff responded that the people were extremely tired, sick and suffering from exhaustion after sustained labor and after all "it was Christmas morning and some people wanted to spend time with their families, especially since some had been working up to 20 hours per day." MASTER DA responded to plaintiff that plaintiff and the other disciples "should serve me until their minds fall apart, and then they should serve me some more. " When the "Manner of Flowers" house for defendant MASTER DA was finally completed, MASTER DA commented to plaintiff that "no one has really served me while building this house. I therefore do not consider it a gift. " Plaintiff suffered greatly since he had taken to heart the admonition of defendant MASTER DA to serve MASTER DA until plaintiff's mind fell apart, yet in response for his efforts without compensation, MASTER DA demeaned and degraded him. Plaintiff is informed and believes and thereon alleges that the regimen of excessive labor, inadequate sleep, inadequate diet resulting in the rapid loss of 20 pounds by plaintiff, constant degradation and unreasonable pressure by defendants MASTER DA and JDC were intended to further the brainwashing, intimidation, and domination of plaintiff by defendants and resulted in the further undermining and breakdown of plaintiff's will and character on a continual basis.
83.) On or about January 15, 1982 JDC and MASTER DA switched plaintiff from coordinating the construction of the "Manner of Flowers" personal residence of defendant MASTER DA to directing the Laughing Man Institute, the recruiting division of JDC in San Rafael for no compensation whatsoever. Plaintiff held this position until approximately March 1982.
84.) From March 1982 through November 1983 plaintiff continued to provide money, services, labor and/or other benefits to MASTER DA and JDC or its agents and employees. During this time and into 1984 plaintiff continued to "meditate" frequently on a picture of MASTER DA and read his literature as instructed by employees of JDC. These acts were done on the basis that such actions were required by defendant MASTER DA in order for MASTER DA to maintain the relationship to plaintiff wherein MASTER DA would continue to actively direct plaintiff MILLER'S spiritual development and act in MILLER'S spiritual best interests.
85.) From the Spring of 1976 through October 11, 1984, plaintiff was under the incapacitating influence of thought reform and coercion by defendants in the manner described in the foregoing paragraphs of the herein complaint. As a direct and proximate result for said period of time plaintiff was unable and incapable of understanding, evaluating, or discovering the true nature of the acts of defendants described herein.
86.) On or about October 10, 1984, plaintiff was advised by JDC member Julia Knox who advised plaintiff that while in Fiji, MASTER DA had beaten up and snapped the neck of one of his nine "wives", Bonnie Bevin. This disclosure deeply affected plaintiff and reawakened in him the intellectual capacity for independent thought, reasoning, evaluation, and judgment such that plaintiff could perceive the abusive nature of the acts of defendants imposed upon plaintiff and the nature of the fraudulent scheme underlying defendants' behavior.
FIRST CAUSE OF ACTION
FRAUD AND DECEIT: INTENTIONAL MISREPRESENTATION
87.) Plaintiff incorporates herein by reference paragraphs 1 through 86, inclusive, as though fully set forth.
88.) At all times mentioned herein, from on or about the Spring of 1976 through October 11, 1984, for the express benefit of his own spiritual benefit, plaintiff MARK MILLER reposed his trust and confidence in the integrity and fidelity of MASTER DA and JDC in the formation of a gurudisciple relationship whereby plaintiff provided material cash, gifts, labor and services as solicited by MASTER DA and JDC, individually, and by and through their literature, agents and or employees.
89.) At all times mentioned herein from on or about the Spring of 1976, MASTER DA and JDC, individually and by and through their literature, agents and/or employees falsely represented to plaintiff that MASTER DA had perfectly transcended his ego and was an incarnation of God.
90.) At all times mentioned herein, from on or about the Spring of 1976 through November 1983, inclusive, defendant FRANKLIN JONES, by and through his agents and employees, falsely represented to plaintiff MARK MILLER that if MILLER made a commitment by surrendering his trust, loyalty, obedience, money and labor, defendant JONES would cause only the greatest benefit to accrue to plaintiff's best spiritual interest.
91.) Plaintiff has information in which he believes, and alleges thereon that the representations made by defendants, and each of them, were in fact false. Plaintiff is informed and believes that the representations made by defendants were asserted without any reasonable ground for in fact believing such representations to be true. Plaintiff further has information in which he believes, and alleges thereon, that the true facts were that defendant FRANKLIN JONES was and is a conman and a megalomaniac and not an incarnation of God. Plaintiff MILLER alleges that making a commitment to MASTER DA and JDC by means of the surrender of his loyalty, obedience, money and labor was not for plaintiff's best spiritual interest, but were in fact solely for the material interest of MASTER DA and JDC. Plaintiff MILLER alleges that the relationship that was formed between plaintiff and MASTER DA and JDC was not a gurudisciple relationship and that the true relationship formed was a masterslave relationship.
92.) When defendants made these representations they knew them to be false, and these representations were made by defendants with the intent to defraud and deceive plaintiff and with the intent to induce plaintiff to act in the manner herein alleged.
93.) Plaintiff, at the time these representations were made by defendants and at the time plaintiff took the actions herein alleged, was ignorant of the falsity of defendants' representations and believed them to be the Truth. In reliance on these representations, plaintiff MILLER was induced to and did sacrifice an exemplary university career; a full academic scholarship at the University of California sponsored by the Regents of the University of California; move from Southern California to Northern California; provided in excess of Thirty Thousand Dollars ($30,000) in cash and gifts to MASTER DA, VISION OF MULUND INSTITUTE, and JDC or its agents or employees; provide over Eight Thousand Hours (8,000 hours) in labor and/or services to MASTER DA and JDC; and to incur thousands of dollars in expenses at the request of, and in service of MASTER DA and JDC. Had plaintiff MILLER known the actual facts, he would not have taken the action set forth above. Plaintiff's reliance on defendants' representations was justified because plaintiff when solicited by defendants was an idealistic, naive, trusting, and impressionable nineteen year old young man who expressly was searching for the "Truth" and who was unable to tell the difference between a sophisticated "spiritual" con game utilizing brainwashing techniques and his own best spiritual interests. Plaintiff was unable to discover the falsity of defendants' representations until on or about October 11, 1984 due to the brainwashing and mind control imposed upon him by defendants as described previously described in this complaint.
94.) As a proximate result of defendants' fraud and deceit and the facts herein alleged, plaintiff was induced to change the entire course of his life, to spend in excess of $30,000 dollars donated to defendants, to donate over 8,000 hours of labor and services for the benefit of defendants for which plaintiff MILLER was not paid, to incur thousands of dollars in expenses for defendants' benefit, and suffered extreme mental anguish and emotional distress.
95.) In doing the acts herein alleged, defendant acted with malice, oppression and fraud and plaintiff is entitled to punitive damages in the amount of Twenty Million Dollars ($20,000,000).
SECOND CAUSE OF ACTION
FRAUD AND DECEIT: SUPPRESSION OF FACT
96.) Plaintiff hereby incorporates paragraphs 1 through 86, inclusive; and 88 through 93, inclusive, as though fully set forth.
97.) MASTER DA and his agents and employees solicited and accepted plaintiff's confidence and trust in their fidelity and integrity in the formation of a gurudisciple relationship and were thereby bound to disclose to plaintiff MARK MILLER all material facts bearing upon his best spiritual interests.
98.) From on or about the Spring of 1976, MASTER DA and JDC, by and through their literature, agents and/or employees represented to plaintiff MILLER that all the actions taken by MASTER DA was in the best spiritual interests of plaintiff, but failed to reveal and suppressed the fact that MASTER DA and JDC and others intended to and did impose and practice upon plaintiff the techniques of thought reform, including but not limited to the following: (a) the isolation of plaintiff from outside influences and former friends; (b) control over plaintiff's channels of communication and information; (c) physical and physiological depletion through the administration of copious amounts of drugs and alcohol, overwork, insufficient hours of sleep, and an inadequate diet; (d) the installation and magnification in plaintiff of guilt and anxiety; (e) threat of physical and/or spiritual annihilation or disability of plaintiff if he did not become a disciple of MASTER DA and member of JDC; (f) degradation and attacks on the then former and now regained self and identity of plaintiff; (g) intense peer group pressure imposed upon plaintiff by "Sadhana" or scrutiny/struggle groups; (h) alternatively treating plaintiff with harshness and with leniency; and (i) requiring plaintiff to perform symbolic acts which betrayed his former norms and values.
99.) The representations and failures to disclose information and the suppressions of information herein alleged to have been made by defendants were made with the intent to induce plaintiff to act in the manner herein alleged in reliance thereon.
100.) Plaintiff MILLER, at the time these failures to disclose and suppressions of facts occurred, and at those times plaintiff took the actions herein alleged, was ignorant of the existence of the facts which defendant suppressed and failed to disclose. If the plaintiff had been aware of the existence of the facts not disclosed by defendant, plaintiff would not have changed the course of his entire life; sacrificed his university career and Regents Scholarship; moved from Southern to Northern California; been coerced into using drugs and alcohol and surrendering his girlfriend to MASTER DA; provide defendants with in excess of $30,000; provide defendants free labor and services in excess of 8,000 hours and incurred related expenses; and be coerced into believing that defendants, and each of them, were acting in plaintiff's own best spiritual interest. Plaintiff was unable to discover the true facts not disclosed by defendants until on or about October 11, 1984, due to the imposition of techniques thought reform and mind control exerted upon him by defendants as described previously in this complaint.
101.) As a proximate result of defendants' fraud and deceit and the facts alleged herein, plaintiff was induced to change the course of his life; spend in excess of $30,000 dollars in cash or gifts donated to defendants; to donate over 8,000 hours of labor and services for the benefit of defendants; and to incur great expenses accruing to defendant's benefit, and suffered extreme mental anguish and emotional distress.
102.) In perpetrating the acts and failures to disclose herein alleged defendants have acted in conscious disregard for the rights of plaintiff by conducting themselves with malice, oppression and fraud entitling plaintiff to punitive and exemplary damages in the amount of Twenty Million Dollars ($20,000,000).
THIRD CAUSE OF ACTION FRAUD AND DECEIT: INTENTIONAL MISREPRESENTATION, PROMISE MADE WITHOUT ANY INTENTION TO PERFORM
103.) Plaintiff hereby incorporates paragraphs 1 through 36, inclusive; 88 through 93, inclusive; and 98 through 100, inclusive; as though fully set forth herein.
104.) On or about the early part of 1977, MASTER DA and JDC, by and through their employees and agents, with the intent to defraud and deceive plaintiff and with the intent to induce plaintiff to continue to provide money, labor, blood, services and other benefits to defendants, represented to plaintiff that defendant MASTER DA's sexual, narcotic, alcoholic and culinary profligacy practiced from at least the Spring of 1976 had stopped, would not again be resumed, was to be taken as only spiritual lesson, and thereafter MASTER DA and the leadership of JDC would live as monastic renunciates according to the MASTER DA's disciplines requiring the practice of a strict vegetarian diet free of the use of narcotics and/or alcohol and the prohibition of sexual promiscuity. Plaintiff has information in which he believes, and on that basis alleges, that defendant MASTER DA made such representations without any reasonable ground for believing said representations to be truthful representations of fact.
105.) These representations were false and MASTER DA and JDC and various of its agents or employees knew at the time defendants caused said representations to be made, and at all other times mentioned herein, that they were false. In fact and truth, the above described stoppage of sexual, narcotic, alcoholic and culinary profligacy was false by means of the following allegations set forth in paragraphs 106 through 110, inclusive.
106.) Plaintiff has information in which he believes, and on that basis alleges, that continuing from early in 1977 into the 1980s, defendant MASTER DA, individually, and by and through his agents and employees, issued commands to wives of male disciples to engage in various forms of sex with either MASTER DA or with other men or women.
107.) Plaintiff has information in which he believes, and on that basis alleges, that continuing from early 1977 into the 1980s, defendant MASTER DA, individually, and by and through his agents and employees, would command his disciples to perform aberrant, perverted and degrading sexual acts, including but not limited to the use of sodomy, urination, defecation and dildo assaults on one another.
108.) Plaintiff has information in which he believes, and on that basis alleges, that continuing from early 1977 into the 1980s it was not unusual for MASTER DA to command the acts set forth in paragraphs 106 and 107 above, to be committed in his personal presence and under his direct observation and supervision.
109.) Plaintiff has information in which he believes, and on that basis alleges, that continuing from early 1977 into the 1980s, defendant MASTER DA personally engaged in the use and abuse of various alcohols and narcotics including, but not limited to, amyl nitrate, lysergic acid diethylamide (LSD), nitrous oxide, ketamine, marijuana and champagne often in conjunction with the practices set forth in paragraphs 110 through 112, inclusive.
110.) Plaintiff has information in which he believes, and on that basis alleges that continuing from 1977 into the 1980s defendant MASTER DA would consume vast quantities of caviar, meat, junk food, sugar and other items prohibited for consumption by JDC members, disciples of MASTER DA.
111.) Plaintiff did not know that the representations set forth in paragraph 104, above, were false, but on the other hand, believed them to be true. In reliance on said representations, plaintiff continued to provide money, labor, gifts and other services to MASTER DA and JDC as set forth in this complaint. Except for the false representations of MASTER DA and JDC, plaintiff would not have continued to provide defendants with his money, labor, gifts, services and other benefits because if plaintiff had known that MASTER DA was incapable or unwilling to practice what he preached, in conjunction with MASTER DA causing or even allowing the dissemination of affirmative falsehoods, plaintiff would not have believed that MASTER DA and JDC were acting, or were capable of acting in the plaintiff's best spiritual interests or causing plaintiff's spiritual transformation through psychic or transcendental means as claimed. Plaintiff believed the representations of MASTER DA and JDC in part because he was urged by defendants to accept their assurances that all profligate conduct had then ceased and would continue to so cease.
112.) At the time MASTER DA and JDC made the representations and promises set forth in paragraph 104, defendants had no intentions of performing said promises and representations.
113.) The promises and representations made by defendants and set forth in paragraph 104 was made with the intent to induce plaintiff to continue to believe that MASTER DA had mastered and was living the disciplines he required of disciples, which lent credence to his proclaimed status as "God Incarnate" and which also lent credence to his claim of being capable of causing and in fact causing the spiritual transformation of plaintiff and acting in plaintiff's best spiritual interest. This was done so that plaintiff would continue to provide cash, labor, services, and other benefits to defendants.
114.) Plaintiff, at the time this promise was made and at the time plaintiff took the actions herein alleged, was ignorant of defendant's secret intention not to perform what he or his agents and employees had promised. Since plaintiff was not privy to the details of the personal lifestyle of defendant MASTER DA, plaintiff could not in the exercise of due diligence have discovered the secret intention of defendant MASTER DA to continue practicing his profligate lifestyle while requiring ascetic discipline from his disciples. Plaintiff began to discover some of the true facts described above regarding the lifestyle of defendant MASTER DA on or about late 1984.
115.) Defendant MASTER DA failed to honor his promise to stop and cease to practice his profligate lifestyle as set forth in paragraphs 106 through 110, above.
116.) As a proximate result of the abovedescribed fraud and deceit of defendants, plaintiff was induced to provide cash and gifts in an amount in excess of $30,000; provided in excess of 8000 hours in labor or services to defendants; incurred thousands of dollars in expenses on their behalf, and suffered extreme mental anguish and emotional distress.
117.) In perpetrating the intentional misrepresentations and promises without any intention of performing the substance of said promises as alleged herein, defendants have acted in conscious disregard for the rights of plaintiff and conducted themselves with malice, oppression and fraud. Plaintiff is therefore entitled to punitive and exemplary damages in the amount of Twenty Million Dollars ($20,000,000).
FOURTH CAUSE OF ACTION
FRAUD AND DECEIT: NEGLIGENT MISREPRESENTATION
118.) Plaintiff hereby incorporates paragraphs 1 through 86, inclusive; 88 through 93, inclusive; 97 through 100, inclusive; 104 through 115, inclusive, as though fully set forth.
119.) MASTER DA and his agents and employees made the above representations without any reasonable grounds for believing them to be true in that plaintiff has information in which he believes and alleges hereon that defendants had knowledge and were aware or should have been aware that defendants utilized a program of thought reform and deception to create and coerce the belie