IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
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.
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
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
brief or other responsive document.
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.
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
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
agreement, appellants' actions in violation of the agreement, and appellants'
obstructive and threatening use of the agreement which this court does not
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.
this petition in which to file a respondent's brief or other responsive
PROOF OF SERVICE
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.
COURT OF APPEAL OF THE STATE OF CALIFORNIA
ERIC M. LIEBERMAN, ESQ.
MICHAEL LEE HERTZBERG, ESQ.
BOWLES & MOXON
TOBY L. PLEVIN, ESQ.
PAUL MORANTZ, ESQ.
MICHAEL J. FLYNN, ESQ.
JULIA DRAGOJEVIC, ESQ.
CLERK OF THE SUPERIOR COURT