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[CT 7699]

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SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES

DEPARTMENT NO. 56   HON. BRUCE R. GEERNAERT, JUDGE

CHURCH OF SCIENTOLOGY OF
CALIFORNIA,

PLAINTIFF,

VS.

GERALD ARMSTRONG,

DEFENDANT


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CASE NO. C 420 153

[STAMP]
RECEIVED
JAN 31 1992
HUB LAW OFFICES

REPORTER'S TRANSCRIPT OF PROCEEDINGS

MONDAY, DECEMBER 23, 1991

 

 

APPEARANCES:

(SEE APPEARANCE PAGE.)

 

 

 

 

 

 

  HERBERT CANNON, CSR NO. 1923
OFFICIAL REPORTER
 

 

 
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THEY CONSIDERED TO BE APPROPRIATE FOR THE COURT ORDER AND

THEN I GO OVER THEM AND SAY IS THIS REALLY SOMETHING THAT

IS THE BUSINESS OF THE COURT TO BE ORDERING AND ENFORCING

WITH CONTEMPT OR NOT?

AND I MAKE SURE THAT IT IS THE KIND OF CLEAR

AND CONCISE ORDER THAT CAN BE THE SUBJECT OF A CONTEMPT

PROCEEDING.  SO MY BELIEF IS JUDGE BRECKENRIDGE, BEING A VERY

CAREFUL JUDGE, FOLLOWS ABOUT THE SAME PRACTICE AND IF HE HAD

BEEN PRESENTED THAT WHOLE AGREEMENT AND IF HE HAD BEEN ASKED

TO ORDER ITS PERFORMANCE, HE WOULD HAVE DUG HIS FEET IN

BECAUSE THAT IS ONE OF THE -- I HAVE SEEN -- I CAN'T SAY --

I'LL SAY ONE OF THE MOST AMBIGUOUS, ONE-SIDED AGREEMENTS I

HAVE EVER READ.  AND I WOULD NOT HAVE ORDERED THE ENFORCEMENT

OF HARDLY ANY OF THE TERMS HAD I BEEN ASKED TO, EVEN ON THE

THREAT THAT, OKAY, THE CASE IS NOT SETTLED.

I KNOW WE LIKE TO SETTLE CASES. BUT WE DON'T

WANT TO SETTLE CASES AND, IN EFFECT, PROSTRATE THE COURT

SYSTEM INTO MAKING AN ORDER WHICH IS NOT FAIR OR IN THE

PUBLIC INTEREST.

SO BASICALLY, I HAVE TO CONCLUDE BASED ON THE

RECORD THAT THERE WAS NO ORDER; SIMPLY, HE WASN'T PRESENTED

THE ORDER.  HE WAS NOT ASKED TO ORDER ITS PERFORMANCE. HE

DIDN'T ORDER ITS PERFORMANCE.

THE FIRST TIME THAT WOULD BE DONE WOULD BE IN

RESPONSE TO YOUR MOTION AT THIS TIME.

MR. HERTZBERG: JUDGE, LET ME RESPOND TO THAT.

FIRST OF ALL, I THINK YOUR HONOR KNOWS WE ARE

NOT CLAIMING THAT JUDGE BRECKENRIDGE SO ORDERED THE TERMS

 

 

 

 
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SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES

DEPARTMENT NO. 56   HON. BRUCE R. GEERNAERT, JUDGE

CHURCH OF SCIENTOLOGY OF
CALIFORNIA,

PLAINTIFF,

VS.

GERALD ARMSTRONG,

DEFENDANT


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CASE NO. C 420 153

REPORTER'S CERTIFICATE

 

 STATE OF CALIFORNIA

COUNTY OF LOS ANGELES
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I, HERBERT CANNON, OFFICIAL REPORTER OF THE SUPERIOR

COURT OF THE STATE OF CALIFORNIA, FOR THE COUNTY OF LOS

ANGELES, DO HEREBY CERTIFY THAT THE FOREGOING PAGES, 1

THROUGH 77, COMPRISE A TRUE AND CORRECT TRANSCRIPT OF THE

PROCEEDINGS HELD IN THE ABOVE-ENTITLED MATTER ON DECEMBER

23, 1991.

DATED THIS 6TH DAY OF JANUARY, 1992.

 

[SIGNED] HERBERT CANNON CSR NO. 1923
OFFICIAL REPORTER

 

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