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ANDREW H. WILSON, ESQ., SBN 063209
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
550 N. Brand Blvd., Suite 700
Glendale CA 91203
(818) 546-5064
(818) 546-5068 (fax)

Attorneys for Plaintiff/Judgment Creditor

 

 

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. 152229
CASE NO. 157680

(CONSOLIDATED)

SECOND ORDER OF CONTEMPT

 




The second post judgment contempt proceedings against Defendant GERALD

ARMSTRONG, on the Court's Order to Show Cause issued on December 2, 1997, came

before this Court on January 30, 1998 at approximately 1:45 p.m. Defendant Armstrong

failed to appear. The Court has reviewed all papers submitted and has taken oral argument.

GOOD CAUSE APPEARING THEREFOR, the Court makes the following findings:

 
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1. On October 17, 1995, this Court entered an Order of Permanent Injunction

against Armstrong (the "Order") and subsequently incorporated the Order into a judgment

entered against Armstrong on May 2, 1996 (the "Judgment"). By this Court's Order,

Armstrong is prohibited from voluntarily assisting any persons litigating claims adverse to the

"Beneficiaries"; from "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"; and from discussing with

anyone, not a member of Armstrong's immediate family or his attorney, Scientology, the

Church, and/or any of the Beneficiaries".

2. The Order was valid when rendered and remains fully valid and enforceable.

The Court notes that Armstrong's appeal of the Judgment has been dismissed. The Court

notes further, however, that even during the pendency of Armstrong's appeal, he was

obligated to obey the lawful Order of this Court.

3. Armstrong had knowledge of the Order and, further, that he had the ability to

comply with the Order. The Order was specific as to the restrictions it imposed upon

Armstrong. There has been no showing, nor suggestion, that he is incapable of complying

with the Order. Rather there is ample evidence before this Court that Armstrong has

knowingly and deliberately chosen to breach and/or disregard this Court's Order, on numerous

occasions.

4. Upon review of the full record before it. this Court has determined that

Armstrong has willfully disobeyed the Order. The Court has determined that in thirteen (13)

separate incidents between September 2, 1997 and November 26, 1997, Armstrong knowingly

and willfully disobeyed the Order of this Court, as follows:

(a) On or about September 2, 1997, in violation of the Order, Armstrong created

and caused to be widely disseminated by means of the Internet a documentary work which

 

 
 
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discussed CSI and other beneficiaries of the Settlement Agreement. See Declaration of

Andrew H. Wilson in support of Ex Parte Application for Order to Show Cause re Contempt,

Exhibit E.

(b) On or about October 14, 1997, in violation of the Order, Armstrong created and

caused to be widely disseminated by means of the Internet a documentary work which violated

the terms of the above referenced Judgment. See Wilson declaration, Exhibit F.

(c) On or about October 14, 1997, in violation of the Order, Armstrong created and

caused to be widely disseminated by means of the Internet a documentary work which violated

the terms of the above referenced Judgment. See Wilson declaration, Exhibit G.

(d) Also on or about October 14, 1997, in violation of the Order, Armstrong

created and caused to be widely disseminated by means of the Internet a documentary work

which violated the terms of the above referenced Judgment. See Wilson declaration, Exhibit

H.

(e) On or about October 20, 1997, in violation of the Order, Armstrong created and

caused to be widely disseminated by means of the Internet a documentary work which violated

the terms of the above referenced Judgment. See Wilson declaration. Exhibit I.

(f) Also on or about October 20, 1997, in violation of the Order, Armstrong

created and caused to be widely disseminated by means of the Internet a documentary work

which violated the terms of the above referenced Judgment. See Wilson declaration. Exhibit

J.

(g) On or about October 23, 1997, Armstrong caused to be widely disseminated by

means of the Internet a letter written to the Hon. Alfonse D'Amato concerning the efforts of

CSI to combat religious discrimination in Germany. This action constituted the publication

and/or broadcast of a documentary work which violated the terms of the above referenced

Judgment. See Wilson declaration, Exhibit K.

(h) In or about early October, 1997, in violation of the Order, Armstrong

voluntarily and willingly participated in a videotaped interview during which he violated the

 

 
 
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terms of the above referenced Judgment. Armstrong was informed prior to the interview that

it was being recorded for broadcast on British television. See Wilson declaration, Exhibit C.

(i) In or about October, 1997, Armstrong gave a speech on or about October 26,

1997. In that speech, Armstrong violated the Injunction and the above referenced judgment

(j) During that same visit, Armstrong gave an interview to the Berliner Zeitung,

resulting in an article in that publication, an examination of which article clearly shows that

the interview given violated the Injunction. See Wilson declaration, Exhibits M and N.

(k) On October 28, 1997, Armstrong traveled to Hamburg, Germany where he

appeared at a public event. During which, Armstrong committed further violations of the

terms of the Judgment, as reprinted in the October 28th edition of the Frankfurter Rundschau.

See Wilson declaration, Exhibits P.

(1) Also on this trip to Germany, Armstrong gave interviews to at least three

television interviewers resulting in broadcasts on Germany TV channels N-TV, BI TV and

SAT 1 TV. In addition to this, Armstrong was interviewed by the regional newspaper Taz,

resulting in the article of October 28, 1997. See Wilson declaration, Exhibits Q and R.

(m) On that date November 26, 1997, Armstrong created another Internet posting

which purported to be a verbatim transcription of a complaint which Armstrong had recently

filed in the United States District court for the District of Nevada. See Wilson declaration

Exhibit S. This complaint is a "documentary work" concerning a " beneficiary" as

contemplated by the Order while the filing of this complaint is privileged, its publication on

the Internet is not and is a violation of the terms of the Judgment.

IT IS HEREBY ADJUDGED, ORDERED AND DECREED that Defendant Armstrong

is guilty of 13 separate acts of Contempt of Court for his repeated failures to obey the Order

and Judgment. As set forth above, the Order at all times was and remains valid and

enforceable; Armstrong had knowledge of the Order, and the ability to comply with this

Order. He willfully and repeatedly disobeyed the Court's Order.

IT IS FURTHER ADJUDGED, ORDERED AND DECREED that Defendant Gerald

 

 
 
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Armstrong is to be punished for the foregoing contempt by a fine of $200 for each separate

violation (for a total of $2,600) and confinement in the County Jail for a period of two days

(48 hours) for each separate violation (for a total of 26 days). Armstrong is to surrender

himself to Marin County law enforcement officers for the enforcement of said penalties on or

before February 10, 1998. Should Armstrong fail to do so, a bench warrant will be issued for

his immediate arrest and incarceration until the fines imposed for his acts of contempt are

satisfied. Should such a bench warrant be necessary, bail on the warrant is set at $10,000 (ten

thousand dollars).

DATED: 2-11-98   , 1998. [stamped] GARY W. THOMAS
JUDGE OF THE SUPERIOR COURT

 
 

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