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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FOUR

CHURCH OF SCIENTOLOGY OF
CALIFORNIA and MARY SUE
HUBBARD,

Appellants,

v.

GERALD ARMSTRONG,

Defendant,

BENT CORYDON,

Appellee.

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Case No. B038975

LASC No. C420153

DEFENDANT'S PETITION
FOR PERMISSION TO FILE
RESPONSE AND FOR TIME
TO FILE

I am the defendant Gerald Armstrong. I am petitioning this court at

this time for permission to file a respondent's brief in this appeal and for

time in which to file such a brief or other responsive document.

1. Permission to File:

The unusual need for this court's permission to file a respondent's

brief arises from a condition contained in a document entitled MUTUAL

RELEASE OF ALL CLAIMS AND SETTLEMENT AGREEMENT signed by me

December 6, 1986, a copy of which is attached hereto as Exhibit A. I have no

objection to this document being unsealed.

Para. 4B of the settlement agreement states in part that I waive "any

rights (I) may have to oppose (by responding brief or any other means) any

further appeals taken by the Church of Scientology." I have recently become

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convinced that it is a fraud upon the court to not advise it that the

defendant, who has an interest in the outcome of this appeal, is prohibited

from filing a respondent's brief or other responsive document. I am also

now convinced that my right to file a responsive document to protect my

rights is not something that can be taken away by such a settlement

agreement.

I am therefore requesting this court's permission to file a respondent's

brief or other responsive document.

2. Extension of Time to File:

I received the Reply Brief of Appellants and Response to Cross Appeal

from the law firm of Flynn, Sheridan & Tabb on January 30, 1990. The

Flynn firm has not been able to locate and may never have received any of

the other briefs filed in this appeal.

I am not an attorney and I am not represented by legal counsel in any

Scientology matters at this time. Neither Flynn, Sheridan & Tabb nor Contos

& Bunch, both of which firms represented me throughout the litigation of

this case in the lower court, will be representing me in this appeal. It is my

intention to retain an attorney to represent me in this appeal if at all

possible.

Appellants have also filed in Division Three of the Second Appellate

District an appeal, Civ. No. B025920, from the decision of the trial court in

the same case, Super. Ct. No. C420153, from which this appeal arises. I have

at this time petitioned the Division Three Court for permission to respond in

that appeal.

There remain a number of issues springing from the settlement

agreement, appellants' actions in violation of the agreement, and appellants'

obstructive and threatening use of the agreement which this court does not

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have to consider in order to grant my permission, but which I will be

addressing as soon as possible by motion or other appropriate action in the

Los Angeles Superior Court, which retains, pursuant to clause 20 of the

settlement agreement, jurisdiction to enforce its terms.

I therefore request 60 days from the date of this court's granting of

this petition in which to file a respondent's brief or other responsive

document.

DATED: February 21, 1990

Respectfully submitted,

[signed]
GERALD ARMSTRONG

Gerald Armstrong
6838 Charing Cross Road
Berkeley, CA 94705
(415) 849-0929

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PROOF OF SERVICE

STATE OF CALIFORNIA

COUNTY OF ALAMEDA
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I am employed in the County of Alameda, State of California. I am

over the age of eighteen (18) years and not a party to the within action. My

business address is 6838 Charing Cross Road, Berkeley, CA 94705.

On February 21, 1990 I caused to be served the foregoing document

described as DEFENDANT'S PETITION FOR PERMISSION TO FILE RESPONSE

AND FOR TIME TO FILE on interested parties in this action by placing a true

copy thereof enclosed in a sealed envelope with postage thereon fully

prepaid in the United States mail at Oakland, California, addressed to the

persons and addresses specified on the service list attached.

Executed on February 21, 1990 at Oakland, California.

[signed]
B. Sparks

 

 

SERVICE LIST

COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION FOUR
3580 Wilshire Blvd., Room 301
Los Angeles, California 90010

ERIC M. LIEBERMAN, ESQ.
RABINOWITZ, BOUDIN, STANDARD,
KRINSKY & LIEBERMAN, P.C.
740 Broadway, Fifth Floor.
New York, New York 10003-9518

MICHAEL LEE HERTZBERG, ESQ.
740 Broadway, Fifth Floor
New York, New York 10003-9518

BOWLES & MOXON
6255 Sunset Boulevard, Suite 2000
Hollywood, California 90028

TOBY L. PLEVIN, ESQ.
6380 Wilshire Blvd., Suite 1600
Los Angeles, California 90048

PAUL MORANTZ, ESQ.
P.O. Box 511
Pacific Palisades, California 90272

MICHAEL J. FLYNN, ESQ.
FLYNN, SHERIDAN & TABB
One Boston Place, 26th Floor
Boston, Massachusetts 02108

JULIA DRAGOJEVIC, ESQ.
CONTOS & BUNCH
5855 Topanga Canyon Blvd., #400
Woodland Hills, California 91367

CLERK OF THE SUPERIOR COURT
111 North Hill Street
Los Angeles, California 90012

   

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