Gerry Armstrong--Request for Extension of Time to file Opposition to Motion to Dismiss Appeal 12-15-1997

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CALIFORNIA COURT OF APPEAL

FIRST APPELLATE DISTRICT

DIVISION FOUR

CHURCH OF SCIENTOLOGY
INTERNATIONAL,

Plaintiff-Respondent

v.

GERALD ARMSTRONG,

Defendant-Appellant.

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Appeal No. A075027

Marin County Superior Court
No. 157680
Hon. Gary W. Thomas
Superior Court Judge

REQUEST FOR EXTENSION TO FILE OPPOSITION
TO MOTION TO DISMISS APPEAL

Gerald Armstrong
C/O George W. Abbott, Esquire
2245-B Meridian Boulevard
P.O. Box 98
Minden, Nevada 89423-0098
Defendant and Appellant
In Propria Persona

Defendant-Appellant Gerald Armstrong hereby requests an

extension until December 30, 1997 to file his opposition to

Plaintiff-Respondent Scientology's motion to dismiss this appeal

for the reasons set forth in the following declaration.

Respectfully submitted.

DATED: December 15, 1997

[signed]

GERALD ARMSTRONG

DECLARATION OF GERALD ARMSTRONG

I, Gerald Armstrong, declare:

1. I have personal knowledge of the facts set forth in

this declaration and could competently testify thereto if called

as a witness. I am making this declaration in support of a

request for an extension of time to file my opposition to

plaintiff and respondent Scientology's motion to dismiss my

appeal.

2. I apologize for my failure to file my opposition on

time. Because of other demands in my life and just doing what is

necessary to survive, I have had insufficient time to complete my

opposition. I had believed and communicated with the Clerks of

Division 4 that I would be filing my opposition by now, but that

was not possible.

3. 1 have, however, been diligent, and have put a great

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deal of effort into this work. In order to demonstrate my good

faith effort and my intention to file an opposition, I am sending

with this request for extension a copy of the declaration I have

written and the exhibits I have assembled to support the

opposition. I am also providing Scientology with a copy of this

declaration and exhibits.

4. My diligence and good faith are also shown by the 50

page Opening Brief I filed.

5. Clearly, the threatened dismissal of this appeal is a

serious matter. It is made particularly serious by the type of

charges Scientology is making in its motion. Because of this

matter's serious nature, it is crucial that I be able to present

a well-reasoned and researched opposition. I recently received an

offer from a US attorney to help with research in this matter. As

this Court knows, I have not had access where I have been staying

in Canada to California cases and laws, I am not an attorney.

6. As this Court has also learned from my earlier

submissions, including sworn declarations and other evidence, I

am a target of the Scientology organization's "fair game" policy.

I have been under attack from Scientology for a long time, and am

under a great amount of threat and stress. This makes working in

this subject, and life itself, very difficult.

7. My resources are extremely limited, and some things

which are simple and quick for a functioning law firm are

difficult and time-consuming for me. I have not had a printer,

nor standard office equipment like a hole punch. (I borrowed one

from a school to prepare the accompanying declaration.) Because

of the nature and practices of Scientology, to get someone to

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sign a proof of service and mail my documents can for me take

hours.

8. When I received Scientology's motion I was in the

process of moving to my new residence in Nevada, and my needed

files were divided between Canada and Nevada. I anticipate

completing this move within the next two weeks.

9. I am at the time of writing this request for extension

in Nevada, and will be here four days in connection with other

legal matters. See, e.g., declaration Exhibit 14, complaint in

Gerald Armstrong v. David Miscavige, Scientology, et al., US

District Court, District of Nevada, Case No. CV-N-97-00670-HDM

(RAM). In order to complete my opposition, I require my computer

which is in Canada.

10. This is the first extension I have requested regarding

this opposition.

11. I believe that I can complete the opposition by

December 30, and I request an extension of time until that data

in which to file my opposition.

12. My opposition to Scientology's motion has merit, as

does my appeal. Justice therefore demands that I be given the

opportunity to oppose Scientology on the merits.

I declare under the penalty of perjury under the laws of the

State of California that the foregoing is true and correct.

Executed at Minden, Nevada, December 15, 1997.

[signed]
GERALD ARMSTRONG

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PROOF OF SERVICE

I am employed in the State of Nevada. I am over the age of

eighteen years and am not a party to the above entitled action.

I served the following document:

REQUEST FOR EXTENSION TO FILE OPPOSITION
TO MOTION TO DISMISS APPEAL

on the following persons) on the date set forth below, by

delivering a true copy thereof enclosed in a sealed envelope to

the addressees below:

Clerk, Marin Superior Court
Hall of Justice, Civic Center
San Rafael, CA 94903

Andrew Wilson, Esquire (with copy declaration and exhibits)
Wilson Campilongo LLP
115 Sansome Street, Suite 400
San Francisco, California 94104

Eric M. Lieberman, Esquire
Rabinowitz, Boudin, Standard,
Krinsky & Lieberman, P.C.
740 Broadway, 5th Floor
New York, NY 10003

[X] (By Mail)

I caused such envelope with postage thereon
fully prepaid to be placed in the US mail at
Minden, Nevada.

[ ] (Personal)

I caused said papers to be personally served
on the office of counsel.

[X] (State)

I declare under penalty of perjury under the
laws of the United States and the State of
California that the above is true and
correct.

DATED: December 16, 1997

[signed] Mary Abbott

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