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ANDREW H. WILSON, ESQ., SBN 063209
LINDA M. FONG, ESQ ., SBN 124232
WILSON CAMPILONGO LLP
115 Sansome Street, Suite 400
San Francisco, California 94104
(415) 391-3900
(415) 954-0938 (fax)

KENDRICK MOXON, ESQ., SBN 128240
MOXON & BARTILSON
6255 Sunset Boulevard, Suite 2000
Hollywood, CA 90028
(213) 953-3360
(213) 953-3351 (fax)

Attorneys for Plaintiff
CHURCH OF SCIENTOLOGY INTERNATIONAL

 

 

CALIFORNIA COURT OF APPEAL

FIRST APPELLATE DISTRICT

DIVISION FOUR

 

CHURCH OF SCIENTOLOGY
INTERNATIONAL, a California
not-for-profit religious corporation;

    Plaintiff and respondent,

vs.

GERALD ARMSTRONG,

    Defendant and
    Appellant.


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Appeal No. A075027

Marin County Superior
Court No. 157680

DECLARATION OF ANDREW
H. WILSON IN OPPOSITION TO
APPELLANT'S REQUEST FOR
EXTENSION OF TIME TO
FILE OPENING BRIEF

 

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    ANDREW H. WILSON deposes and says:

    1. My name is Andrew H. Wilson and I am an attorney licensed to practice before

all Courts of the State and have my business address at 115 Sansome Street, 4th Floor, San

Francisco, CA 94104. I am one of the attorneys for Plaintiff Respondent in the referenced

matter and was one of the attorneys for Plaintiff below. I have personal knowledge of the facts

set forth in this Declaration and could competently testify thereto if called as a witness.

 
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    2. On October 17, 1995 the Court below entered an Order of Permanent Injunction

against Defendant Gerald Armstrong following a Motion for Summary Adjudication brought by

Plaintiff. This Order was later incorporated into a Judgment entered against Mr. Armstrong on

May 2, 1996 (the "Judgment"). One of the prohibitions contained in the Order was against

Armstrong assisting persons involved in litigation with certain designated " beneficiaries" of the

Order, one of whom was Religious Technology ("RTC"). Despite the injunction Armstrong did

render such assistance by writing and filing a lengthy declaration in three cases currently pending

in United States District Court for the Northern District of California (RTC v. Erlich,Action No.

C95-20091 RMW; RTC v. Henson, Action No. C96-20271 RMW; RTC v. Ward. Action No.

C96-20207 RMW).

    3. As a result of the above, Plaintiff procured an Order to Show Cause against

Armstrong which Order required Armstrong to appear and show cause as to why he should not

be held in contempt for violation of the Order. Despite numerous attempts, it was not possible

to personally serve Armstrong with the Order to Show Cause. Consequently, Plaintiff procured

an Order for Service by Publication of the Order to Show Cause which service was completed and

a hearing on the Order to Show Cause was held on May 23, 1997.

    4. At that hearing, the Honorable Gary W. Thomas issued an oral Order holding Mr.

Armstrong in contempt and requested me to prepare a written Order for his signature. Attached

hereto as Exhibit A [1] is a true and correct copy of the Order which was executed by Judge Thomas

and filed on June 5, 1997 is attached hereto and incorporated herein by reference.

    5. The "threats from the Scientology organization" to which Mr. Armstrong refers in

paragraph three of his Declaration are nothing more than correspondence which I had directed to

Mr. Armstrong relating to his violations of the Order and threats to bring contempt proceedings

if this conduct did not cease. It is apparent that Armstrong fled the area in order to avoid the

service of the Order to Show Cause upon him and remains in hiding in order to avoid the

$1,000.00 fine and two day imprisonment sanction which Judge Thomas imposed upon him.

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    I declare under penalty of perjury that the foregoing is true and correct and that this

Declaration was executed on June 3, 1997 at San Francisco, California.

   [signed]         
ANDREW H. WILSON        

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[1] Exhibit A
a) The Injunction
b) The Judgment

   

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