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SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES

DEPARTMENT NO.57 HON. PAUL G. BRECKENRIDGE, JR., JUDGE

--o0o--

CHURCH OF SCIENTOLOGY OF CALIFORNIA

Plaintiff,

vs.

GERALD ARMSTRONG,

Defendant.


MARY SUE HUBBARD,

Intervenor.


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No. C 420153

REPORTER'S TRANSCRIPT OF PROCEEDINGS

August 2, 1984

APPEARANCES:

For the Plaintiff
and Intervenor:

 

 

LITT & STORMER
By: MICHAEL S. MAGNUSON
3550 Wi1shire Blvd. , Suite 1200
Los Angeles, California 90010

 

For Plaintiff Only:

 

 

PETERSON & BRYNAN
By: JOHN G. PETERSON
8530 Wilshire Blvd. Suite 407
Beverly Hills, California 90211

 

For the Defendant:

CONTOS & BUNCH
By: JULIA DRAGOJEVIC
5855 Topanga Canyon Blvd.
Suite 400
Woodland Hills, California 91367

 

  NANCY L. HARRIS, C.S.R.
Official Reporter
Certificate No. 644
   
 
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[THE COURT:] Again, I can't say the action was brought in bad

faith or for any kind of improper purpose as such. It is

a mixed bag. Some of the things they did were wrong. Some

of the things they did they had a right to do, and I cannot

under those circumstances find that the defendant is entitled

to attorneys' fees on that theory.

So, the nuts and bolts of this is that I have

to deny this motion. I do it with a certain amount of

reluctance because I feel that the defendant's counsel have

served long and hard and put a lot of time in here and effort

to be of assistance to their client. They have served their

client well. There is no immediate reward for them in this

case in the sense of even compensating them for their time.

They have labored against tremendous odds, against tremendous

financial resources. The financial resources on the other

side are overwhelming, but I don't feel I can in any legal

basis grant the motion.

There is one last thing I want to mention, and

that has to do with the declaration of John G. Peterson on

this opposition to motion for attorneys' fees.

As Mr. Peterson has indicated, he has become

emotionally involved in this case, and it is rather abundantly

clear. So some of his comments which have been reported in

the newspapers -- he can make whatever comments he wants to

about the case or the court or anybody else. It doesn't bother

me, but when he puts in a declaration what really is just

an argument as to why the motion should not be granted, it

seems to me that it is totally unprofessional.

 
 
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I have to contrast it with the response from Mary

Sue Hubbard which I thought was a very professional response,

obviously by people who are disappointed in the outcome of

the litigation, but at the same time they proceed in a lawyer-

like fashion.

This attaching of these exhibits relating to

Mr. Flynn, to me, is the worst kind of tactic. It is an effort

to smear Mr. Flynn. For what purpose I don't really know,

gratuitous insults to inject into the file of this case some

dirt, I suppose, for the obvious purpose of prejudicing

Mr. Flynn or any court or any person who might review the

record.

Now, obviously if there is any substance to these

allegations, they should have been presented to law enforcement

authorities.

MR. PETERSON: They have been.

THE COURT: If they conduct investigation and find any

merit, I am sure they will do whatever they feel is appropriate.

At the same time, I have been around criminal

defendants, both as a defense lawyer and a judge, for many,

many years, and I tend to be very skeptical about what any

person in prison is likely to say, either about his former

lawyer or associate of a former lawyer or upon anything which

might provide him with some secondary gain. I can't help

but approach this with a great of skepticism and cynicism.

I read some of the exhibits dealing with Black Propaganda.

I got a letter from some woman about dead agenting. Said

I was probably the subject of now being a dead agent myself,

 
 
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and I really couldn't care less. But I think it is unfortunate

that the flle has to be cluttered up with, I am going to say

it right here, garbage of this type. I don't think this should

be a part of the public record.

I am going to order that the documents which

purport to be exhibit B through F be separated from this

declaration, be enclosed in a sealed envelope, and be ordered

sealed and not to be opened except upon further order of any

court that wants to review this matter. Nothing to do with

this lawsuit. Nothing to do with these motions, and I think

it is offensive and I am quite surprised.

End of that.

[...]

 
 
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SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES

DEPARTMENT NO.57 HON. PAUL G. BRECKENRIDGE, JR., JUDGE

 

CHURCH OF SCIENTOLOGY OF CALIFORNIA

Plaintiff,

vs.

GERALD ARMSTRONG,

Defendant.


MARY SUE HUBBARD,

Intervenor.


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No. C 420153

REPERTER'S CERTIFICATE

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES

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I, NANCY L. HARRIS, CSR, 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 43 comprise a true and correct

transcript of the proceedings held in the above-entitled

matter on Thursday, August 2, 1984.

Dated this 9th day of August 1984.

  NANCY L. HARRIS CSR No. 644.
Official Reporter

 

 

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