"The party against whom a complaint . . . has been filed may object, by demurrer . . . as provided in Section 430.30, to the pleading on any one or more of the following grounds: . . . (e) The pleading does not state facts sufficient to constitute a cause of action. (f) The pleading is uncertain. As used in this subdivision, `uncertain' includes ambiguous and unintelligible."

"(d) (Identifying Parties and Causes of Action) Each cause of action should be identified as to (1) its nature (fraud, breach of contract, etc.), (2) the particular plaintiffs asserting it, and (3) the particular defendants against whom it is asserted. For example: CAUSE OF ACTION FOR INFLICTION OF EMOTIONAL DISTRESS BROUGHT BY PLAINTIFF JANE BLACK AGAINST DEFENDANTS JONES, SMITH, BROWN AND DOES 2 AND XI."

The order reads: "In this matter heretofore argued and submitted, the Court now rules as follows: Each demurrer is sustained to all causes of action of the first amended complaint pursuant to Code of Civil Procedure Section 430.10(f). Each cause of action is uncertain in that it does not state who performed the actions for which the various defendants are apparently proposed to be held liable under the doctrine of Respondiat [ sic] Superior and what acts were performed by each such person and at what time. In oral argument it was asserted by counsel for the plaintiffs that the name of the Church corporation with which the individual plaintiffs were associated changed from time to time, from which it may be inferred that the principal of the agents who performed the acts in question assertedly changed from time to time. At the very least, each defendant is entitled to know the names of the person [ sic] for whom [ sic] acts the particular defendant is proposed to be held liable and what acts were performed by which asserted agent and when. Also the complaint is uncertain as to which plaintiff had a fiduciary relationship with which defendant and during what period of time and what facts gave rise to the fiduciary relationship.
"The demurrer of each demurring party is also sustained pursuant to Section 430.10(e) as to the first and second causes of action. As to both causes of action, the demurrer is sustained on the ground of the statute of limitations. It appears from the face of the complaint that the acts complained of occurred beyond the normal period of the statute of limitations. If it is asserted that the fraud and violation of fiduciary relationship was [ sic] not discovered until some later time, it is necessary to plead when the facts were discovered and sufficient facts from which it would appear that the plaintiffs should not with reasonable diligence have ascertained the alleged misconduct at an earlier date. Also as to the first cause of action, fraud is not pleaded with sufficient particularity. As pointed out in respect of Mr. Lenske's demurrer in respect of the original complaint, it must be alleged what act was performed by what person and when and where, i.e., who said what to whom and when and where. It is recognized that in a class action it is not necessary to plead specifically the acts giving rise to the cause of action with respect to each unnamed member of the plaintiff class, but such particular allegations must certainly be made as to the named plaintiffs. The court does not reach any other pending demurrers and they are ordered off calendar. 30 days to amend. 30 days to respond.
"The motion of defendant Sherman D. Lenske for sanctions under Code of Civil Procedure Section 128.5 is granted. The court finds that the action of the plaintiffs in filing the first amended complaint without coming close to complying with the directions of the court given upon the sustaining of Mr. Lenske's demurrer to the original complaint was action taken in bad faith and was frivolous. Plaintiffs are ordered to pay to Mr. Lenske $350.00 within 10 days as the reasonable expenses incurred by moving party as the result of such action."

Unless otherwise noted all statutory references are to the Code of Civil Procedure.

Mislabeled "first amended complaint."

The demurrer of defendant Sherman D. Lenske was not ruled upon because the court had earlier dismissed the action as to him. The dismissal resulted from appellants' violation of discovery orders. Appellants did not, apparently, seek review of this dismissal and Mr. Lenske is not a party to this appeal.

The court's order omitted reference to the injunction and constructive trust cause of action.

The order reads: "Demurrer having been argued and submitted, the court now rules as follows: The demurrers of defendants Church of Spiritual Technology and Author Services Inc. to the Second Amended Complaint (erroneously captioned as `FIRST AMENDED COMPLAINT' since a First Amended Complaint had been previously filed) is sustained pursuant to C.C.P. Section 430.10(e) without leave to amend as to the First and Second Causes of Action.
"The injury complained of in these causes of action is that, as a result of false representations, the plaintiffs were induced to join a church and to contribute their money and time and efforts to the church over long periods of time. Resolution of this controversy would require the court to determine whether it was an advantage or a detriment to a plaintiff to be a member of a particular church over a considerable period of time. This is not a judiciable [ sic] controversy. Further, after three attempts and specific directions by the court, the fraud asserted to have been practiced by these particular defendants is still not specifically alleged and the court must conclude that there are no facts constituting fraud by them that can be truthfully alleged. There is an absence of pleadings as to what agents of these defendants made the alleged representations to each of the named plaintiffs, and when and where they were made. In particular, it [is] not alleged who acted as the agent of what principal.
"Further, to the extent the complaint alleges a conspiracy to divert funds from the church to an individual, the cause of action would lie in the church corporation, although under appropriate circumstances a derivative action could be brought on behalf of the corporation, if it did not itself act.
"The demurrer is sustained as to the Third, Fourth and Fifth Causes of Action pursuant to C.C.P. section 430.10(e) with thirty (30) days to amend and thirty (30) days to respond. These causes of action possibly relate to an actual or threatened disclosure of information given by a plaintiff to the church during a confessional session. It is not clearly alleged that any such material was actually disclosed in respect of any named plaintiffs. If this is the allegation, it must be clearly alleged and at least the nature of the material disclosed and the person or persons to whom it was disclosed must be alleged, together with facts showing that there is a threat of repetition insofar as injunctive relief is requested. If it is asserted that the threat of disclosure constituted outrageous conduct giving rise to emotional distress, additional facts must be pled the nature of the material material [ sic] threatened to be disclosed from which it could be ascertained that the conduct as alleged was outrageous. As to these causes of action, there must be an allegation as to what person or persons acted as the agent of each of these demurring defendants in performing the acts complained of."

ASI's motion to strike these causes of action was also granted.

An amended minute order gave appellants 20 days to amend the complaint.

The order reads: "IN these matters heretofore argued and submitted, the court now rules as follows: [¶] Motion of Author Services, Inc. to strike the first, second and third causes of action of the Third Amended Complaint is granted. These causes of action (though captioned in terms of the relief requested instead of the wrongful conduct complained of) are in substance the same as the fraud causes of action previously filed, as to which the court sustained demurrers without leave to amend. Balance of motion to strike (except as to sanctions) denied.
"Demmurrers of defendants Author Services, Inc. and Church of Spiritual Technology to first, second and third causes of actions sustained per CCP § 430.10(e) without leave to amend. The gravamen of these causes of action is that the members of the Church of Scientology were induced to join that church and contribute money and services to it over long periods of time by reasons of misrepresentations about the Church and its founder. To adjudicate this controversy the court would have to determine whether it was an advantage or detriment to plaintiffs to be a member of this particular church. This is not a justicable [ sic] controversy. In addition, taken in context and as a whole, the alleged representations relate to religious assertions and beliefs into which courts may not inquire. Further, in four attempts, the plaintiffs have not alleged the fraud with the specificity which the law requires.
"The demurrers of the moving parties to causes of actions 4, 5, 6 and 7 of all plaintiffs other than Valerie Stansfield and Jerry Whitfield are sustained per CCP § 430.10(e). There is no factual allegation of breach of confidential relationship, invasion of privacy, outrageous conduct or the threat of the same as to these plaintiffs. Paragraphs 7, 8, and 9 do not allege that the same things happened to other plaintiffs that happened to Valerie Stansfield and Jerry Whitfield.
"The demurrers of the demurring defendants are sustained per CCP § 430.10(e) as to causes of action 5 and 6 in respect of Valerie Stansfield and Jerry Whitfield. There are no factual allegations of invasion of privacy or outrageous conduct (paragraph 77 is not incorporated).
"The demurrers of the moving parties are sustained per CCP § 430.10(f) as to causes of action 4, 5, 6, and 7. These causes of action are uncertain as to when the acts complained of occurred. This uncertainty is particularly acute because of the allegations that certain conduct complained of became public knowledge in July of 1984.
"Any other demurrers are ordered off calendar.
"Plaintiffs are order[ed] to pay $750.00 to each of the moving defendants pursuant to CCP § 128.5 as the reasonable expenses they incurred by reason of plaintiffs' bad faith actions and conduct in re-pleading causes of action as to which demurrers had previously been sustained without leave to amend. This is frivolous conduct as defined in that statute."

The order reads: "In these matters, heretofore argued and submitted, on March 2, 1988, the Court now rules as follows. [¶] The motions of defendants Author Services, Inc., and of defendant Church of Spiritual Technology to strike the Fourth Amended Complaint are granted as to the following allegations, by reason of the fact that said allegations pertain to causes of action previously removed by the Court, on order of Judge Dowds.
"Page 6, line 14, beginning with the new sentence, to line 22, inclusive;
"Page 7, line 1, beginning with the new sentence, to line 4, inclusive;
"Page 7, line 14, beginning with the new sentence, to line 17, inclusive;
"Page 7, line 25, beginning the new sentence, to line 26, inclusive;
"Page 8, paragraph 16;
"Page 8, line 23, beginning with the new sentence, to line 27, ending wit[h] the word `assets';
"Page 9, paragraphs 21 and 22;
"Page 10, paragraph 25;
"Page 10, paragraph 27 (continues onto page 11);
"Page 11, paragraph 30 (continues onto page 12);
"Page 12, paragraphs 31 and 22;
"Page 13, paragraphs 33, 34, 35 and 36 (continues onto page 14);
"Page 14, paragraphs 37, 38, 39 and 40 (continues onto page 15);
"Page 15, paragraphs 41, 42 and 43 (continues onto page 16);
"Page 16, paragraphs 44 and 45 (continues onto page 17);
"Page 17, paragraphs 46 and 47 (continues onto page 18);
"Page 18, paragraphs 48 and 49 (continues onto page 19);
"Page 19, paragraphs 50 and 51 (continues onto page 20);
"Page 20, paragraphs 52 and 53 (continues onto page 21);
"Page 21, paragraphs 54 and 55 (so far as paragraph 55 re-alleges material hereinabove ordered stricken);
"Page 23, paragraph 64 (incomplete in present form);
"Page 25, paragraph 69, beginning with the last word on line 24, to line 27, inclusive);
"Page 26, paragraphs 72 and 73;
"Page 27, paragraph 74 (so far as it re-alleges material hereinabove ordered stricken), and paragraphs 75 and 76;
"Page 28, paragraph 77 (so far as it re-alleges matter hereinabove ordered stricken);
"Page 30, paragraph 83;
"Page 31, paragraph 84 (so far as it re-alleges matter hereinabove ordered stricken);
"Page 32, paragraph 89 from line 8 to line 17, up to and including the end of the sentence on line 17;
"Page 33, paragraph 1.b and paragraph 2.b (continues onto page 34.)
"The Court has ordered stricken paragraph 73 of the Fourth Amended Complaint in that the allegations pertaining to punitive or exemplary damages are not in compliance with Civil Code section 3294, [[*]] as effective January 1, 1988. In addition, said paragraph in setting forth the amount of punitive damages, does not comply with Code of Civil Procedure section 426.10(b). [ sic] [See [**]]
"Similarly, paragraph 83 of the Fourth Amended Complaint is ordered stricken for noncompliance with Civil Code section 3294 and with Code of Civil Procedure section 425.10[[**]]
"Paragraph 1.b of the prayer for relief, pertaining to punitive damages is stricken for noncompliance with Code of Civil Procedure section 425.10(b). [See [**]]
"The demurrers of the moving parties to the First, Second and Third causes of action as to plaintiffs other than Valerie Stanfield and Jerry Whitfield are sustained per C.C.P. section 430.10(e). There is no factual allegations of breach of confidential relationship, invasion of privacy, outrageous conduct or the threat of same, as to the remaining named plaintiffs, as was indicated by Judge Dowds in the minute order of December 7, 1987. In this connection, this Court notes that paragraph 64, (save and except for lines 1 through 5, on page 24) is incomplete.
"The demurrers of the moving parties to the First, Second and Third causes of action are sustained per Code of Civil Procedure section 430.10(f). These causes of action are uncertain as to the identity of the alleged agent or agents of defendants who allegedly wrongfully communicated plaintiffs' confidential information to third parties and as to the identity of the third parties to whom such alleged communications were made. The prior rulings of Judge Dowds have required such information to be pleaded with respect to the named plaintiffs.
"Counsel for plaintiffs has stated to the Court that such specific pleading is not required by law, and has cited Newberg on Class Actions, section 6.13, and Donson Stores, Inc. v. American Bakeries Company, (1973) 58 F.R.D. 485, and Abramovitz v. Ahern (1982) 96 F.R.D. 208, 211, in support of his position. This Court has read the foregoing authorities and has determined that they do not support plaintiffs' position, as expressed to the Court.
"Other demurrers and motions to strike are ordered off calendar. Counsel for plaintiff shall have 30 (thirty) days to amend, and the moving defendants shall have 30 (thirty) days to respond. Counsel for plaintiffs is admonished that this is the last opportunity that will be extended to amend the complaint in the manner required herein and in the prior orders rendered by Judge Dowds.
"The moving parties' request for monetary sanctions is at this time denied, in light of the admonition hereinabove set forth."
[*] Civil Code section 3294, subdivision (a) provides: "In an action for the breach of an obligation not arising from contract, where it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud, or malice, the plaintiff, in addition to the actual damages, may recover damages for the sake of example and by way of punishing the defendant."
[**] Section 425.10 reads: "A complaint or cross-complaint shall contain both of the following: [¶] (a) A statement of the facts constituting the cause of action, in ordinary and concise language. [¶] (b) A demand for judgment for the relief to which the pleader claims he is entitled. If the recovery of money or damages be demanded, the amount thereof shall be stated, unless the action is brought in the superior court to recover actual or punitive damages for personal injury or wrongful death, in which case the amount thereof shall not be stated."

The order reads: "Demurrers to Fifth Amended Complaint are sustained, as to demurring defendants, without leave to amend.
"The demurrers as to the First cause of action, seeking relief under RICO, ( 18 U.S.C. § 1961, et seq.) are sustained under CCP 430.10(e). To the extent that plaintiffs seek relief pertaining to personal injury, loss of reputation, pain and suffering, or emotional distress, (see Complaint, paragraph 42) RICO provides no remedy. (See 18 U.S.C. § 1964(c)); Johnsen v. Rogers (1982) 551 F. Supp. 281).
"No facts have been alleged by plaintiffs with respect to alleged laundering of monetary instruments by defendants, as a pattern of racketeering activity under 18 U.S.C. § 1956. (See paragraph 37 of Complaint).
"Plaintiffs have also failed to plead facts pertaining to any alleged violation on the part of the demurring defendants with respect to the Currency and Foreign Transactions Reporting Act ( 31 U.S.C. § 5316(a). (Complaint, paragraph 39.)
"Under 18 U.S.C. § 1951(b)(2), `[t]he term "extortion" means the obtaining of property from another, with his consent, induced by wrongful use of actual or threatened force, violence or fear, or under color of official right.'
"Although `extortion' is referred to in paragraph 35. of the Fifth Amended Complaint, and in subparagraph 35. (ii), (iii), (iv), (xii), (xiv), and (xvi), no facts are alleged therein which conform with the legal definition of the term `extortion', above quoted. For example, in paragraph 35. subparagraphs (ii) and (iii) it is alleged that plaintiffs Manfred and Valerie Stansfield, and Jerry and Hana Whitfield, respectively, had extortion practiced against them by defendants because said named plaintiffs refused, in 1986, to pay, in cash or in kind, for defendants' products and services. Plaintiffs allege that certain confessional information concerning Valerie Stansfield was communicated by one Dr. Lee to Valerie's mother, and concerning Jerry, was communicated by one Al Bei to Jerry's father. Lee and Bei are alleged to be agents of defendants.
"However, there is no allegation that the communications by the alleged agents of defendants were the result of any threat or threats by anyone, or that property was obtained from the named plaintiffs in connection therewith. Further, the allegations in paragraph 35. (iv) that defendants declared in March, 1982 that plaintiff Hana Whitfield was a `Suppressive' person and that defendants declared in February, 1983 that plaintiff Franklin Freedman was a `Suppressive' person do not, in anywise, constitute extortion as hereinabove defined.
"Paragraph 35. (xvi), in which plaintiffs allege `[d]uring the period 1983 through 1984, defendant's agent, Don Larson extorted in excess of $3,000,000.00 (Three Million Dollars) from plaintiff class members as a direct result of the extortionate racketeering activity perpetrated against said plaintiffs as hereinabove alleged' is devoid of facts sufficient to place defendants on reasonable notice of the charge being made by plaintiffs.
"The allegations of paragraph 41. of the Fifth Amended Complaint, pertaining to alleged monetary losses suffered by the named plaintiffs and referring to labor performed by said plaintiffs for defendants, are incomprehensible as pleaded, and fail to place defendants upon reasonable notice as to the basis of the alleged claims.
"The demurrers as to plaintiffs' Second cause of action seeking relief for alleged breach of confidential relationship are sustained under CCP § 430.10(e).
"The gravamen of this cause of action is the alleged unauthorized disclosure by agents of defendants, to third persons, of confidential information regarding plaintiffs, secured by defendants in a confessional context, to accomplish wrongful purposes of defendants, including coercing plaintiffs into silence, forcing them to pay and support Churchs [ sic] of Scientology, and to comply `. . . with whatever defendants and their agents and employees demanded in a conscious disregard of plaintiffs' rights and safety. . . .' (See Complaint, paragraph 54.)
"Plaintiffs were advised in the ruling of the court sustaining demurrers to the Fourth Amended Complaint, rendered on March 8, 1988, that the Complaint was uncertain `. . . as to the identity of the alleged agent or agents of defendants who allegedly wrongfully communicated plaintiffs' confidential information to third parties and as to the identity of the third parties to whom such alleged communications were made. The prior rulings of Judge Dowds have required such information to be pleaded with respect to the named plaintiffs. . . .'
"This Court also stated in its minute order of March 8, 1988, that `[c]ounsel for plaintiffs is admonished that this is the last opportunity that will be extended to amend the complaint in the manner required herein and in the prior orders rendered by Judge Dowds.'
"Notwithstanding the foregoing admonition, in paragraph 46. of the Fifth Amended Complaint, plaintiffs, although alleging disclosure by defendants of alleged intimate details of the personal lives of plaintiffs, Manfred and Valerie Stansfield and Jerry and Hana Whitfield, to members of the Church of Scientology, and to plaintiffs' relatives, families, friends and third parties, have failed to identify the alleged communicators of confidential information, and to identify the third parties who received such communication. This information, and particularly the identity of the recipients of the alleged wrongful communications, should be clearly known to plaintiffs.
"In paragraph 45. of the Fifth Amended Complaint plaintiffs allege, only in the most general terms, breach of confidences of plaintiffs by defendants' disclosure of confidential, confessional material, without any effort to plead facts, as required by the Court.
"While it is true that in paragraph 35. (ii) and (iii), part of plaintiffs' First cause of action), which is incorporated by reference in the Second cause of action, plaintiffs plead the names of Dr. Lee and Al Bei as alleged agents of defendants, who communicated information about Valerie Stansfield's to Valerie's mother, and about Jerry Whitfield to Jerry's father, respectively, it does not appear that the alleged communications were of confidential information, in conformity with other allegations of the Second cause of action, but instead consisted of apparently false information concerning said plaintiffs.
"In the Court's judgment, plaintiffs have not complied with the Court's admonition.
"Although the Court has examined the Complaint in Aznaran, et al., v. Church of Scientology of Calif., Inc., et al., Case No. CV 88-1786-WDK; the opinion of the United States Tax Court (83 TC No. 25) Church of Scientology of Calif. v. Commissioner of Internal Revenue (1987) USCA (9th Cir.) 823 F.2d 1310, judicial notice is not taken with respect to such records, which were lodged by plaintiffs, in that they contain no facts relevant to the case at bench."
We have taken judicial notice of this order, part of the superior court file (Evid. Code, § 452, subd. (d)) ordered to be but not included as part of the record on appeal, after duly notifying all counsel. (Evid. Code, §§ 455, 459.)

"Extortion is the obtaining of property from another, with his consent, or the obtaining of an official act of a public officer, induced by a wrongful use of force or fear, or under color of official right."