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[CT 7678]

Gerald Armstrong
715 Sir Francis Drake Boulevard
San Anselmo, California 94960
Telephone: 415-456-8450
[handwritten]
Denied
GWT 4/7/95

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF MARIN

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

         Plaintiff,

vs.

GERALD ARMSTRONG; MICHAEL WALTON;
THE GERALD ARMSTRONG CORPORATION;
a California for-profit
corporation; DOES 1 through 100,
inclusive,

         Defendants.


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CASE NO. 157 680

EX PARTE
APPLICATION TO
CONTINUE HEARINGS
ON MOTIONS FOR
SUMMARY ADJUDICATION
OF 20TH CAUSE OF
ACTION; AND 13TH,
16TH, 17TH, & 19TH
CAUSES OF ACTION
OF 2ND AMENDED
COMPLAINT

Date: 4/7/95
Time: 9:30 a.m.
Dept: One
Trial Date: 5/18/95

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T0: CHURCH OF SCIENTOLOGY INTERNATIONAL AND ITS ATTORNEYS OF

RECORD:

PLEASE TAKE NOTICE that on April 7, 1995 at 9:00 a.m., in

Department 1 of the above-entitled Court, located at the Hall

of Justice at the Marin County Civic Center, San Rafael,

California, defendant Gerald Armstrong, in pro per, will seek

an ex parte order continuing the hearing on plaintiff's motion

for summary adjudication of the twentieth cause of action of

its complaint presently set for April 21, 1995.

This ex parte application is based upon the following

grounds:

 
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[CT 7679]

A. There are key witnesses, whose testimony is or may

be dispositive of the pending motions, or causes of action or

parts of these motions, declarations from whom defendant has

been unable to obtain, but believes he can obtain such

declarations, one of which with the Court's assistance, within

the next week;

B. Defendant is in pro per and without financial resources,

has attempted diligently to obtain an attorney, and

believes that he will be successful within the next week;

C. Defendant is not an attorney, lacks an attorney's

knowledge and skills, but has, nevertheless, worked diligently

to prepare oppositions to plaintiff's motions.

D. Plaintiff's motions are massive, involve complex

legal issues, will set the stage and parameters for trial, and

if granted grounds will cripple defendant and destroy his

litigant's and human rights.

This ex parte application is based upon this notice, the

attached declaration of Gerald Armstrong, the Court's files

and records in this case and such other material as is

presented in support of this application.

DATED: April 7, 1995

By: [signed]
Gerald Armstrong

 
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[CT 7680]

 

DECLARATION OF GERALD ARMSTRONG

I, Gerald Armstrong, declare:

1. I am the defendant in this case. I am not an

attorney, not trained as an attorney, and do not have an

attorney's knowledge or skills. Until February 23, 1995 I was

represented by attorney Ford Greene.

2. On February 27, 1995 I received from plaintiff

Scientology organization its motion for summary adjudication

of its twentieth cause of action of its complaint.

Scientology's motions are massive, involve complex legal

issues, will set the stage and parameters for trial, and if

granted grounds will cripple me and destroy my litigant's and

human rights.

3. On March 10 this Court signed an order, for which I

am very grateful, granting an ex parte application which

extended by two weeks the time to oppose the above-described

motion for summary adjudication.

4. After the Court granted its first extension I was

ill for a two-week period. I lost a great deal of strength,

was incapacitated and unable to perform my usual work, or to

work in any effective way on the oppositions. I am gaining

back my strength, although I am not yet back to normal.

5. On March 17 Scientology served on me another motion

for summary adjudication, this of the 13th, 16th, 17th and

19th causes of action of the second amended complaint. This

motion seeks $200,000.00 in liquidated damages.

 
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[CT 7681]

 

6. Scientology's motion for summary adjudication of the

20th cause of action and supporting documents is over six

inches thick. The second motion and supporting documents is

another two inches.

7. On March 29 this Court signed an order, for which I

am also grateful, granting an extension of one week to oppose

the two pending motions.

8. I have worked diligently to oppose Scientology's

motions. I have a direction for my oppositions which I

believe will be adequate and successful. I am not a typist,

and Scientology's separate statements of undisputed facts

alone required 80 pages. Adding in my separate statements of

disputed and undisputed facts brings this part of the work to

well over 100 pages. I have done research, and located and

communicated with all of the people whose testimony I require

by way of declaration to support my oppositions.

9. There remain four individuals from whom I requested

declarations, and whose testimony is either dispositive of one

or both of the pending motions, or of certain causes of action

or parts of the motions, or is an essential support for my

defenses to the causes of action, from whom I have been unable

to obtain declarations, but from whom I believe I will be able

to obtain declarations within the following week. I list

these four witnesses below.

10. Michael J. Flynn, Esquire. I have had a series of

conversations with Mr. Flynn in the past three days. He has

 
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[CT 7682]

 

stated to me that he wants to help me and would provide a

declaration in support of my oppositions, except for the fact

that he believes if he does so Scientology will sue him and

again make him fair game. I am therefore requesting that this

Court order that Mr. Flynn be freed from any contract by which

Scientology prevents him from providing me a declaration, and

that Scientology be ordered to not retaliate against Mr. Flynn

in any way as a result of his providing such a declaration.

11. Mr. Flynn will testify that Scientology prior to and

during the time he was involved in litigation used the legal

system and force against perceived critics and targeted

"enemies" to eliminate ideas antithetical to its own, that

this went under the heading "fair game," and included the

concepts of " attack the attacker," and "black propaganda." He

will testify that Scientology swore to give up these practices

and begged for a settlement as a means of obtaining an

opportunity to prove that it had given up these practices. He

will testify that but for Scientology's promise that it was

giving up all fair game practices he would never have agreed

to sign, nor had me nor any other client agree to sign,

Scientology's settlement documents. He will testify that

depth of his and my principles and extent of dedication to the

truth is manifested by the successful litigation of the case

Scientology v. Armstrong, Los Angeles Superior Court No C

420153. He will testify that intrinsic to the agreement was

the recognition that the Armstrong cross-complaint was about

 

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[CT 7683]

 

to go to trial and that Scientology had substantial liability,

and the recognition that there had been a verdict of

$30,000,000 against Scientology in the case of Wollersheim v.

Scientology, also in LA Superior Court within less than five

months of the December, 1986 settlement. He will testify that

he was the subject of fair game from 1979 through 1986, had

been sued fifteen times by Scientology, had been harassed

unmercifully, framed, threatened, his marriage ruined and his

family and career threatened, and that he was desperate to get

out of the fair game threat. He will testify that there were

no negotiations concerning the liquidated damages condition of

the settlement agreement, that there were no negotiations

involving me, and that he believed that, despite Scientology's

refusal to not include the condition, it was and is

unenforceable, and told Armstrong so at the time; that there

is no reasonable relationship between Scientology's actual

damages and the liquidated damages, and that the bargaining

power of the parties was completely lopsided in Scientology's

favor. He will testify that there was supposed to be a "clean

slate" and that if Scientology published anything about me

after the settlement I was free to respond to such post-

settlement statements.

12. I am therefore requesting this Court's assistance

and an order freeing Mr. Flynn and making it safe for him to

provide this key testimony.

13. Lawrence Wollersheim. Scientology seeks an order

 
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[CT 7684]

 

which reads in part: "within 20 days of the issuance of this

Order, Armstrong shall: 1. Remove all information concerning

Scientology, the Church and/or any person or entity referred

to in paragraph 1 of the "Mutual Release of All Claims and

Settlement Agreement" of December, 1986 from any and all

databases, electronic or otherwise, within the possession,

custody or control of FACTNet." Mr. Wollersheim is the

founder and manager of FACTNet, a cult abuse victims advocacy

organization which collects, preserves and makes available

information on groups and organizations which employ

sophisticated and dangerous techniques of mind control. He

will testify that I was not involved in FACTNet's management

or operations. He will testify that Scientology is seeking an

order allowing the removal and/or seizure of materials from a

public library and archive, that the described materials are

not those I provided and exceed by hundreds of times whatever

I provided to FACTNet, and that they are public domain

materials.

14. Mr. Wollersheim has not been available to provide a

declaration until recently, and because the order Scientology

seeks affects FACTNet, he requires time to obtain the legal

opinion of counsel before he can provide the needed

declaration, but will be able to do so this weekend.

15. Margery Wakefield. Scientology supports its motions

with a ruling in the Wakefield v. Scientology case. Ms.

Wakefield will testify as to how Scientology obtained a

 

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[CT 7684]

 

which reads in part: "within 20 days of the issuance of this

Order, Armstrong shall: 1. Remove all information concerning

Scientology, the Church and/or any person or entity referred

to in paragraph 1 of the "Mutual Release of All Claims and

Settlement Agreement" of December, 1986 from any and all

databases, electronic or otherwise, within the possession,

custody or control of FACTNet." Mr. Wollersheim is the

founder and manager of FACTNet, a cult abuse victims advocacy

organization which collects, preserves and makes available

information on groups and organizations which employ

sophisticated and dangerous techniques of mind control. He

will testify that I was not involved in FACTNet's management

or operations. He will testify that Scientology is seeking an

order allowing the removal and/or seizure of materials from a

public library and archive, that the described materials are

not those I provided and exceed by hundreds of times whatever

I provided to FACTNet, and that they are public domain

materials.

14. Mr. Wollersheim has not been available to provide a

declaration until recently, and because the order Scientology

seeks affects FACTNet, he requires time to obtain the legal

opinion of counsel before he can provide the needed

declaration, but will be able to do so this weekend.

15. Margery Wakefield. Scientology supports its motions

with a ruling in the Wakefield v. Scientology case. Ms.

Wakefield will testify as to how Scientology obtained a

 

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[CT 7685]

 

which reads in part: "within 20 days of the issuance of this

Order, Armstrong shall: 1. Remove all information concerning

Scientology, the Church and/or any person or entity referred

to in paragraph 1 of the "Mutual Release of All Claims and

Settlement Agreement" of December, 1986 from any and all

databases, electronic or otherwise, within the possession,

custody or control of FACTNet." Mr. Wollersheim is the

founder and manager of FACTNet, a cult abuse victims advocacy

organization which collects, preserves and makes available

information on groups and organizations which employ

sophisticated and dangerous techniques of mind control. He

will testify that I was not involved in FACTNet's management

or operations. He will testify that Scientology is seeking an

order allowing the removal and/or seizure of materials from a

public library and archive, that the described materials are

not those I provided and exceed by hundreds of times whatever

I provided to FACTNet, and that they are public domain

materials.

14. Mr. Wollersheim has not been available to provide a

declaration until recently, and because the order Scientology

seeks affects FACTNet, he requires time to obtain the legal

opinion of counsel before he can provide the needed

declaration, but will be able to do so this weekend.

15. Margery Wakefield. Scientology supports its motions

with a ruling in the Wakefield v. Scientology case. Ms.

Wakefield will testify as to how Scientology obtained a

 

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[CT 7685]

settlement agreement with her similar to mine, what her

understanding of its meaning was, and circumstances which have

brought her, similarly to me, to again be a target of

Scientology's fair game. I have only recently located Ms.

Wakefield, have drafted a declaration for her and have her

promise to get it back to me over this weekend.

16. Witness #4. This person requests to not be

identified until a declaration has been provided. This

witness has been on a business trip and not available to

provide a declaration, but has promised such a declaration by

the beginning of next week. This person was key to the

actions I have taken which Scientology considers breaches of

its settlement agreement and which are the subject of its

pending motions. This person will testify as to circumstances

which precipitated and excuse my actions.

17. All of the people from whom I still require

declarations are out of state. I have only this week been

able to obtain a fax machine and that fact delayed my getting

drafts to the witnesses and getting declarations back.

18. From the time Mr. Greene substituted out I have

attempted to obtain competent counsel to represent me in this

litigation. I have now communicated substantively with

fifteen attorneys, each of whom has thus far declined to

represent me. I have also had communications with two

attorneys within the past week who are both interested in my

case and are both seriously considering helping in some

 

 

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[CT 7686]

 

manner, if not complete representation. I believe I will be

able to get at least one of these attorneys to commit if my

request herein is granted. I have also communicated with a

number of organizations which have an interest in the First

Amendment issues which my case presents and which may be able

to assist financially or with creating a public forum for and

focus on the case's issues, and this past week a description

of my case and needs was posted on the internet. I am

confident that help is on its way. An extension of one week

will also give me an opportunity have an attorney assist in my

oppositions or at least review my work, if I am able to obtain

legal help in the next two weeks. These summary adjudication

motions are extremely important and will set the stage and

guidelines for the May trial. Any attorney who might become

involved in my case would want to have as much input as

possible into what that stage and guidelines will be.

19. My request for an extension, therefore, is not

frivolous, but will promote justice by giving me the chance I

need to defend myself. Scientology will not be prejudiced in

any way if an extension is granted.

20. I am requesting that the hearing on the motion for

summary adjudication be set for April 28, 1995.

21. I advised Scientology attorney, Laurie Bartilson, in

person at 11:00 a.m. yesterday that I would seek a continuance

of the hearing date ex parte today if she would not agree to

such a continuance. I followed this up with a faxed letter, a

 

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[CT 7687]

 

copy of which is appended hereto as Exhibit [A].

22. I again ask for this Court's patience and mercy.

I declare under the penalty of perjury under the laws of

the State of California that the foregoing is true and

correct.

Executed at San Anselmo, California, April 7, 1995.

[signed]
GERALD ARMSTRONG

 

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[CT 7688]

 

ORDER

GOOD CAUSE appearing therefor, it is hereby ORDERED that the

hearing on plaintiff's motion for summary adjudication of the

twentieth cause of action of the second amended complaint, and

the hearing on plaintiff's motion for summary adjudication of>

the thirteenth, sixteenth, seventeenth and nineteenth causes

of action of the second amended complaint shall be continued

to 9:00 a.m. April 28, 1995.

IT IS FURTHER ORDERED that defendant's former attorney Michael>

J. Flynn be released by plaintiff from any contractual

condition which prohibits him from providing defendant Gerald

Armstrong with a declaration in support of his oppositions to

plaintiff's summary adjudication motions, and that plaintiff

and its agents shall not retaliate in any way against Mr.

Flynn in any way for providing such declaration.

DATED:

 

______________________________
Judge of the Superior Court

 

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Exhibit [A]
Armstrong Letter to Bartilson 04-06-1995
   

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