Gerry Armstrong--Injunction-CSI v. Armstrong

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[CT 9786]

Andrew H. Wilson, SBN 063209
WILSON, RYAN & CAMPILONGO
115 Sansome Street
Fourth Floor
San Francisco, California 94104
(415) 391-3900
Telefax: (415) 954-0938

Laurie J. Bartilson, SBN 139220
MOXON & BARTILSON
6255 Sunset Boulevard, Suite 2000
Hollywood, CA 90028
(213)960-1936
Telefax: (213) 953-3351

Attorneys for Plaintiff
CHURCH OF SCIENTOLOGY
INTERNATIONAL

[Stamp]
FILED
Oct 17 1995
HOWARD HANSON
MARIN COUNTY CLERK
by J. Steele, Deputy

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; DOES 1 through
25, Inclusive,

Defendants.

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CASE NO. BC 157680
[initialed] GWT 10/17/95

ORDER OF PERMANENT
INJUNCTION

DATE: October 6, 1995
TIME: 9:00 a.m.
DEPT: 1

TRIAL DATE: Vacated

This matter came on for hearing on October 6, 1995, on motion of plaintiff

Church of Scientology international ("the Church") for Summary Adjudication of

the Twentieth Cause of Action of the Second Amended Complaint. Plaintiff

Church of Scientology International appeared by its attorneys, Andrew H. Wilson

of Wilson, Ryan & Campilongo and Laurie J. Bartilson of Bowies & Moxon,

[CT 9787]

defendant Armstrong appeared by his attorney, Ford Greene. Having read and

considered the moving and opposing papers, and the evidence and arguments

presented therein and at the hearing, and good cause appearing:

IT IS ORDERED:

The Church's motion for summary adjudication of the twentieth cause of

action of the Second Amended Complaint is GRANTED. The Court finds that there

is no triable issue of material fact as to any of the following:

1. Plaintiff and defendant freely and voluntarily entered into a Mutual

Release of All Claims and Settlement Agreement ("Agreement") in December,

1986.

2. Plaintiff performed all of its obligations pursuant to the Agreement.

3. Defendant Armstrong received substantial consideration for the

promises which he made in the Agreement.

4. Since 1990, defendant Armstrong has repeatedly breached

paragraphs 7(D), 7(E), 7(H), 7(G), 10 , 18(D) and 20 of the Agreement.

5. Between 1991 and the present, Armstrong breached paragraphs 7(G),

7(H) and 10 of the Agreement by providing voluntary assistance, exclusive of

testimony made pursuant to a valid subpoena, to the following private individuals,

each of whom was pressing a claim or engaged in litigation with plaintiff and/or

one or more of the designated beneficiaries of the Agreement:

* Vicki and Richard Aznaran, anti-Scientology litigants in the case of

Vicki Aznaran, et al. v. Church of Scientology International, United States

District Court for the Central District of California, Case No. CV 88-1786

(JMI) [Sep.St.Nos. 11-16];

* Joseph A. Yanny, anti-Scientology litigant in the case of Religious

Technology Center, et al. v. Joseph Yanny, et al., Los Angeles Superior

Court No. C 690211 and Religious Technology Center, et al. v. Joseph

Yanny et al., Los Angeles Superior Court No. BC 033035 [Sep.St.Nos. 17-

[CT 9788]

20];

*                 Malcolm Nothling, anti-Scientology litigant in the matter between

Malcolm Nothling and the Church of Scientology in South Africa, Adi Codd,

Diane Kemp, Glen Rollins; Supreme Court of South Africa (Witwatzbsrand

Local Division) Case No. 19221/88. [Sep.St.Nos. 21-241;

*                Reader's Digest Corporation, anti-Scientology litigant in the case of Church of

Scientology of Lausanne vs. Kiosk AG, Basel, Switzerland

[Sep.St.Nos. 25-26];

*                 Richard Behar, anti-Scientology litigant in the case of Church of

Scientology International v Time Warner, Inc.; Time Inc. Magazine Company

and Richard Behar, United States District Court, Southern District of New

York, Case No. 92 Civ, 3024 PKL [Sep.St.Nos. 27-28];

*                 Steven Hunziker, anti-Scientology litigant in the case of Hunziker v.

Applied Materials, Inc., Santa Clara Superior Court Case No. 692629

[Sep.St.Nos. 29-33];

*                 David Mayo, anti-Scientology litigant in the case of Religious

Technology Center v. Robin Scott, et al., United States District Court for the

Central District of California, Case No, 85-711 [Sep.St.Nos. 34-35];

*                 Cult Awareness Network, anti-Scientology litigant in the case of Cult

Awareness Network v. Church of Scientology International, et al., Circuit

Court of Cook County, Illinois, No. 94L804 [Sep.St.Nos. 38-39]:

*                 Lawrence Wollersheim, anti-Scientology litigant in the cases of

Lawrence Wollersheim v. Church of Scientology of California, Los Angeles

Superior Court Number C332027 and Church of Scientology of California v.

Lawrence Wollersheim, Los Angeles Superior Court Number BC074815

[Sep.St.Nos. 40-42];

*                 Ronald Lawley, anti-Scientology litigant in the cases of Religious

Technology Center, et al. vs. Robin Scott, et al., U.S. District Court, Central

[CT 9889]

District of California, Case No. 85-711 MRP(Bx); Matter Between Church of

Scientology Advanced Organization Saint Hill Europe and Africa, and Robin

Scott, Ron Lawley, Morag Bellmaine, Stephen Bisbey in the High Court of

Justice Queen's Bench Division, Case 1984 S No. 1675; and Matter

Between Church of Scientology Religious Education College, Inc., and Nancy

Carter, Ron Lawley, Steven Bisbey, in the High Court of Justice Queen's

Bench Division, Case 1986 C No. 12230 [Sep.St.Nos. 43-44];

*                 Uwe Geertz and Steven Fishman, anti-Scientology litigants in the case

of Church of Scientology International v. Steven Fishman, et al., United

States District Court for the Central District of California Number 91-6426

HLH(Tx) [Sep.St.Nos. 45-46];

*                 Tilly Good, a claimant against the Church of Scientology, Mission of

Sacramento Valley [Sep.St.Nos. 36-37];

*                 Denise Cantin, a claimant against the Church of Scientology of Orange

County; Church of Scientology of Boston; and Church of Scientology, Flag

Service Organization [Sep.St.Nos. 36-37]; and

*                 Ed Roberts, a claimant against the Church of Scientology of

Stevens Creek [Sep.St.Nos. 36-37].

6. Between 1992 and the present, Armstrong breached paragraph 7(D)

of the Agreement by contacting media representatives, granting interviews and

attempting to assist media representatives in the preparation for publication or

broadcast magazine articles, newspaper articles, books, radio and television

programs, about or concerning the Church and/or other persons and entities

referred to in paragraph 1 of the Agreement. These media representatives

included:

* Cable Network News: reporter Don Knapp, in March, 1992

[Sep.St.Nos. 47-48];

* American Lawyer Magazine: reporter Bill Horne, In March, 1992

[CT 9790]

[Sep.St.No. 49];

*        Los Angeles Times: reporter Bob Welkos, in May, 1992; and reporter

Joel Sappell, in June, 1993 [Sep.St.Nos. 50-51];

*        CAN Video Interview, with anti- Scientologists " Spanky" Taylor and

Jerry Whitfield, in November, 1992 [Sep.St.No. 52];

*        KFAX Radio: interview planned but prevented in April, 1993

[Sep.St.No. 53];

*        Newsweek Magazine: reporter Charles Fleming, In June, 1993 and

August, 1993 [Sep.St.No.54-56];

*        Daily Journal: reporter Mike Tipping, in June, 1993 [Sep.St.No. 57];

*        Time Magazine: reporter Richard Behar, in March, 1992 and in June,

1993 [Sep.St.Nos. 58-59];

*        San Francisco Recorder: reporter Jennifer Cohen, in August, 1993

[Sep.St.No. 60];

*        E! Entertainment Network: reporter Greg Agnew, in August, 1993

[Sep.St.No. 61];

*        WORD Radio: Pittsburgh, Pennsylvania, interviewed in the fall of 1993

[Sep.St.No. 62];

*        St. Petersburg Times: St. Petersburg, Florida, reporter Wayne Garcia,

in the fall of 1993 [Sep.St.No. 63];

*        Premiere Magazine: letter to the editor, in October, 1993 [Sep.St.No.

64]

*        Mirror-Group Newspapers: United Kingdom, in May, 1994

[Sep.St.No. 65]:

*        Gauntlet Magazine: New York, New York, reporter Rick Cusick in

une, 1994 [Sep.St.No. 66];

*        Pacific Sun Newspaper: reporter Rick Sine, in June and July, 1994

[Sep.St.No. 67];

[CT 9791]

* Disney Cable: reporter Marsha Nix, in August, 1994 [Sep.St.No. 68];

and

* Tom Voltz: Swiss author writing a book about Scientology, in

October, 1994 [Sep.St.No. 69].

7. Between 1992 and the present, Armstrong breached paragraph 7(D)

of the Agreement by preparing and distributing at least three manuscripts

concerning his claimed experiences in and with Scientology, including a treatment

for a screenplay which he intends to turn into a film [Sep.St.Nos. 70-71].

8. Between 1991 and the present, Armstrong further breached

paragraph 7(D) of the Agreement by disclosing his claimed experiences in or with

Scientology to each of the following persons or groups, not previously identified:

Robert Lobsinger [Sep.St.No. 72]; the New York Times [Sep.St.No. 73]; Toby

Plevin, Stuart Culter, Anthony Laing, Kent Burtner and Margaret Singer

[Sep.St.No. 74]; Priscilla Coates [Sep.St.No. 75]; Omar Garrison [Sep.St.No. 76);

Vaughn and Stacy Young [Sep.St.No. 77]; a Stanford University psychology class

[Sep.St.No. 78]; attendees at the 1992 Cult Awareness Network Convention

[Sep.St.No. 79]; and Hana Whitfield [Sep.St.No. 80].

9. Defendant Armstrong has reiterated numerous times that he intends

to continuing breaching the Agreement unless he is ordered by the Court to cease

and desist [Sep.St.Nos. 87-97].

10. Plaintiff's legal remedies are inadequate insofar as the scope of the

relief ordered below is concerned. Tamarind Lithography Workshop, Inc. v. Sanders

(1983) 143 Cal.App.3d 571, 577-578, 193 Cal.Rptr. 409, 413.

Accordingly, the Court finds that entry of a permanent injunction in this

action is necessary in this action because pecuniary compensation could not afford

the Church adequate relief, and the restraint is necessary in order to prevent a

multiplicity of actions for breach of contract. Civil Code § 3422(1),(3). A ORDER

of injunction is therefore entered as follows:

[CT 9792]

Defendant Gerald Armstrong, his agents, employees, and persons acting in

concert or conspiracy with him are restrained and enjoined from doing directly or

indirectly any of the following:

    1. Voluntarily assisting any person (not a governmental organ or

entity) intending to make, intending to press, intending to arbitrate, or

intending to litigate a claim, regarding such claim or regarding pressing,

arbitrating, or litigating it, against any of the following persons or entities:

The Church of Scientology International, its officers, directors, agents,

representatives, employees, volunteers, successors, assigns and legal

counsel;

*        The Church of Scientology of California, its officers, directors, agents,

representatives, employees, volunteers, successors, assigns and legal

counsel;

*        Religious Technology Center, its officers, directors, agents,

representatives, employees, volunteers, successors, assigns and legal

counsel;

*        The Church of Spiritual Technology, its officers, directors, agents,

representatives, employees, volunteers, successors, assigns and legal

counsel;

*        All Scientology and Scientology affiliated Churches, organizations and

entities, and their officers, directors, agents, representatives,

employees, volunteers, successors, assigns and legal counsel;

*        Author Services, Inc., its officers, directors, agents, representatives,

employees, volunteers, successors, assigns and legal counsel;

*        The Estate of L. Ron Hubbard, its executor, beneficiaries, heirs,

representatives, and legal counsel; and/or

*        Mary Sue Hubbard;

(Hereinafter referred to collectively as "the Beneficiaries");

[CT 9793]

2. Voluntarily assisting any person (not a governmental organ or

entity) defending a claim, intending to defend a claim, intending to defend an

arbitration, or intending to defend any claim being pressed, made, arbitrated

or litigated by any of the Beneficiaries, regarding such claim or regarding

defending, arbitrating, or litigating against it;

3. Voluntarily assisting any person (not a governmental organ or

entity) arbitrating or litigating adversely to any of the Beneficiaries;

4. Facilitating in any manner the creation, publication, broadcast,

writing, filming audio recording, video recording, electronic recording or

reproduction of any kind of any book, article, film, television program, radio

program, treatment, declaration, screenplay or other literary, artistic or

documentary work of any kind which discusses, refers to or mentions

Scientology, the Church, and/or any of the Beneficiaries;

5. Discussing with anyone, not a member of Armstrong's

immediate family or his attorney, Scientology, the Church, and/or any of the

Beneficiaries;

In addition, it is ORDERED that, within 20 days of the issuance of this Order,

Armstrong shall:

1. Return to the Church any documents which he now has in his

possession, custody or control which discuss or concern Scientology, the

Church and/or any person or entity referred to in paragraph 1 of the "Mutual

Release of All Claims end Settlement Agreement" of December, 1986, other

than documents which have been filed in this litigation.

It is further ORDERED that during the pendency of this litigation, documents

which have been filed in this litigation may be retained by Armstrong's counsel.

Those documents are to remain sealed, in the possession of Mr. Greene or any

successor counsel, and may not be distributed to third parties. At the conclusion

of the instant litigation, it is ORDERED that all documents from this case in

[CT 9794]

counsel's possession which do not comprise counsel's work product will be

delivered to counsel for plaintiff. Counsel's work product may be retained by

Armstrong's counsel.

DATED: [stamp] OCT 17, 1995

[Stamp] GARY W. THOMAS
THE HONORABLE GARY W. THOMAS
SUPERIOR COURT JUDGE

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