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SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES
DATE: 12/23/91
HONORABLE BRUCE R. GEERNAERT HONORABLE
10.
M.MEDARIS ASST.CLK     



JUDGE
JUDGE PRO TEM

Deputy Sheriffl



M FITZGERALD


H.CANNON   
   

DEPT. 56

DEPUTY CLERK
ELECTRONIC RECORDING MONITOR

Reporter
9:00 am C420153 Plaintiff
Church of Scientology of Calif.
vs.
Gerald Armstrong,
Plaintiff
Counsel
Defendant
Counsel
WILLIAM T. DRESCHER (X)
MICHAEL LEE HERTZBERG (X)
TOBY L. PLEVIN (X)
JOSEPH A. YANNY (X)

NATURE OF PROCEEDINGS:

MOTION OF PLAINTIFF/CROSS-DEFENDANT
TO ENFORCE SETTLEMENT AGREEMENT; OR
LIQUIDATED DAMAGES AND TO ENJOIN
FUTURE VIOLATIONS;
CF 12-3-91

MOTION FOR LEAVE TO INTERVENE IN PENDING
ACTION AND FOR ACCESS TO SEALED FILES

Motion of plaintiff/cross-defendant to enforce
settlement agreement is denied on the basis that Judge
Breckenridge did not sign an order or make an order
requiring the parties to perform the document
entitled, "Mutual Release of All Claims and Settlement
Agreement" nor did Judge Breckenridge sign any order
reserving jurisdiction in the court in this case to
enforce said agreement. The court is aware that
the parties stipulated in their "Joint Stipulation
of Dismissal" page 2, lines 5 and 6: "This court
shall retain jurisdiction and may reopen this case
at any time for the purpose of enforcing said
agreement." and further, it appears that Judge
Breckenridge may have been aware of that agreement
between the parties but it nevertheless appears that
Judge Breckenridge was not asked to and did not
order the parties to perform the subject agreement nor
did he order continuing jurisdiction so to do as the
parties evidently agreed.

Moving Party asserts that this court has jurisdiction
to grant this motion pursuant to Section 128.(a)(4)

  PAGE 1 DEPT. 56
MINUTES ENTERED
12/23/91
COUNTY CLERK

 

SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES
DATE: 12/23/91
HONORABLE BRUCE R. GEERNAERT HONORABLE
10.
M.MEDARIS ASST.CLK     



JUDGE
JUDGE PRO TEM

Deputy Sheriffl



M FITZGERALD


H.CANNON   
   

DEPT. 56

DEPUTY CLERK
ELECTRONIC RECORDING MONITOR

Reporter
9:00 am C420153 Plaintiff
Church of Scientology of Calif.
vs.
Gerald Armstrong,
Plaintiff
Counsel
Defendant
Counsel
WILLIAM T. DRESCHER (X)
MICHAEL LEE HERTZBERG (X)
TOBY L. PLEVIN (X)
JOSEPH A. YANNY (X)

NATURE OF PROCEEDINGS:

of the Code of Civil Procedure. However, Section
128.(a)(4) of the Code of Civil Procedure relates
to "compelling obedience to its judgments, orders and
process * * *" and as indicated there is no such
judgment or order herein.

During the proceeding Moving Party also relied upon
Section 664.6 of the Code of Civil Procedure;
however, it appears that on December 11, 1986, this
action was dismissed with prejudice. Therefore,
this court lacks jurisdiction under Section 664.6 of
the Code of Civil Procedure since said section
ceases to be a jurisdictional basis after entry of
judgment (or judgment of dismissal) for the reasons
and on the grounds set forth in the notes of the
Official Court Reporter.

2. Motion of Joseph A. Yanny for leave to obtain
access to the sealed files herein is granted to the
extent that Judge Cardenas determines information in
the sealed files is discoverable by Mr. Yanny in Case
No. BC 033035. If such is so discoverable any un-
sealed portions of the file herein is subject to the
same terms and conditions of the Division 3 Opinion.

Responding Party may submit and serve proposed
order.

Each Moving Party to give notice.

  PAGE 2 DEPT. 56
MINUTES ENTERED
12/23/91
COUNTY CLERK

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