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SUPERIOR COURT Of CALIFORNIA, COUNTY OF LOS ANGELES

Date: AUGUST 18, 1986

HONORABLE   P G BRECKENRIDGE, JR
  1.     NONE

JUDGE
Deputy Sheriff
Court Attendant

 

R HART
NONE

Deputy Clerk
Reporter


(Parties and counsel checked if present)

C420 153
GERALD ARMSTRONG,

VS

CHURCH OF SCIENTOLOGY OF
CALIFORNIA,

Counsel for
Plaintiff

Counsel for
Defendant

 

NATURE OF PROCEEDINGS:

 

MOTION OF CROSS-DEFENDANT TO INITIATE AN INVESTIGATION
OF VIOLATIONS OF TEMPORARY RESTRAINING ORDER AND
PRELIMINARY INJUNCTION RE CONTEMPT
(SUBMITTED MATTER)

The Motion to initiate an investigation is denied.

The contentions made by the Church are without merit. the
primary purpose of such an investigation presumably would be to
initiate contempt proceedings should there prove to be any
violations of the Court's sealing orders. Bearing in mind the
burden of proof in a contempt prosecution and the one year
statute of limitations, except as to continuing violations, all
that has been presented basically is a conflict between the
declarations submitted by both sides concerning events that
happened in the past. Cross-defendant relies heavily upon
declarations by Ms. Cooper and Mrs. Dukoff [aka LaVenda Van Schaick]. Both of these persons
have severe credibility problems. Mr. Flynn and others have
submitted contrary declarations. The Court sees no reason to
believe either Ms. Cooper or Mrs. Dukoff over the contrary
declarations, and is not satisfied by even a preponderance of the
evidence that there has been a violation of the sealing order.

Further, the Court believes that considering the fact that the
trial is scheduled to begin in January, the attention and efforts
of the parties should be directed towards preparing themselves for
trial. The proposed investigation would only divert the parties
from what should be done between now and January, and inevitably
prolong and make more costly what has already been a time consuming
and expensive process. In addition, such would inevitably impinge
upon the Court's limited resources and ability to deal with other
proper court business, and simply be an exercise in futility.

Cross-complainant's request for CCP 128.5 sanctions are denied
without prejudice.

A copy of this minute order is mailed to all counsel appearing
at the hearing.

 

 

76M414D2 (Rev 8-83) 4-85

(1) DEPT. 57

 

MINUTE ORDER

MINUTES ENTERED

8-18-86

COUNTY CLERK

 

Image of this document

See the Van Schaick affidavit filed in Armstrong I, to which Judge Breckenridge's Minute Order refers.
See the Michael Flynn declaration which responds to the perjurious Van Schaick 06-09-1986 affidavit.
See how the cult is continuing to use Van Schaick's perjurious affidavit in its CLameleon Intel Op.

 

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