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ANDREW H. WILSON, SBN 63209
SHAUNA T. RAJKOWSKI, SBN 148239
WILSON CAMPILONGO LLP
475 Gate 5 Road, Suite 212
Sausalito, CA 94965

Telephone (415) 289-7100
Facsimile (415) 289-7110

Attorneys for Plaintiff and Judgment Creditor
CHURCH OF SCIENTOLOGY INTERNATIONAL

 

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF MARIN

CHURCH OF SCIENTOLOGY INTERNATIONAL, a California
nonprofit religious corporation,

      Plaintiff,

vs.

GERALD ARMSTRONG,

       Defendant.


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CASE NO. 152229

REPLY TO OPPOSITION OF GERALD
ARMSTRONG TO MOTION FOR
ORDER OF CONTEMPT

Date: January 17, 2001
Time: 9:30
Department:6

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I. INTRODUCTION

    Plaintiff/Judgment Creditor Church of Scientology International ("CSI") has

applied for and received an order directing Defendant/Judgment Debtor Gerald

Armstrong ("Armstrong") to show cause why he should not be held in contempt of this

Court, pursuant to section 1209(a)(5) of the California Code of Civil Procedure, for

Armstrong's willful defiance of this Court's October 17, 1995 Order of Permanent

Injunction (the "Injunction"). Plaintiff provided conclusive proof that Armstrong -- who

has twice previously been found in contempt of the Injunction -- has continued to openly

flout the authority of this Court, violating the Injunction issued by this Court in numerous

respects.

 

MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF REPLY TO
OPPOSITION TO MOTION FOR CONTEMPT

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    Armstrong has twice previously violated the Injunction and been held in contempt

of this Court on each such occasion. Unfortunately, though bench warrants have been

issued, Armstrong has fled the jurisdiction to avoid the consequences of his acts, all the

while piously complaining that the Injunction is illegal.

II. ARGUMENT

    Armstrong's recently filed OPPOSITION TO ORDER TO SHOW CAUSE RE

CONTEMPT ("Opposition") has removed any doubt that the Court should find

Armstrong in contempt. His principal argument is that plaintiff and its counsel lied to the

Court when they informed the Court that there was no appeal. In fact, there was none.

Armstrong's appeal was dismissed when the Court of Appeal granted plaintiff's motion to

dismiss on the ground that Armstrong was not entitled to pursue an appeal because of his

previous, repeated flaunting of the Injunction. Declaration of Andrew H. Wilson, Exhibit

[A]. Armstrong attempts to make it appear that the Injunction is somehow not final, when

it is perfectly clear that the Injunction is final and no longer subject to any attack.

    Paragraphs 5 and 6 of the Declaration of Gerald Armstrong attack the declaration

filed by plaintiff on the basis that it mistates the number of times Armstrong violated the

injunction. Instead of the 131 Internet postings which formed the basis of this contempt

proceeding, Armstrong claims that there were in fact thousands of violations, though it is

hard to tell just how many Armstrong is boasting of. One thing is clear: Armstrong has

voluntarily submitted to this court a sworn statement which boasts that he has violated the

Injunction "tens of thousands of times" since it was issued.

    Armstrong next devotes several paragraphs to a description of the Lisa

McPherson Trust and its goals and objectives. It is quite significant that Armstrong does

not dispute making the trip to Florida and making the "speech" attributed to him. Who

sponsored the gathering is irrelevant. What is relevant is that Armstrong has, once again,

admitted the conduct he is accused of.

    The balance of Armstrong's Declaration is devoted to a rehashing of the events

surrounding the Settlement Agreement and Release, and the litigation which resulted

 

MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF REPLY TO
OPPOSITION TO MOTION FOR CONTEMPT

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from his breaches of that agreement, liberally sprinkled with Armstrong's opinions of the

Church of Scientology and references to other litigation and other matters which have

absolutely nothing whatsoever to do with the issue at hand.

III. CONCLUSION

    The showing made by plaintiff which supported this court's issuance of an order

to show cause has not been refuted. There is overwhelming evidence which proves that

Armstrong is guilty of the contempt with which he is charged. However, the Court does

not have to rely at all on the showing made by plaintiff. Armstrong has intentionally and

boastfully proven his own guilt and in effect has dared this Court not to find him guilty.

The necessary action is clear. Armstrong must be found guilty of the contempt as

charged.

    In light of the foregoing, plaintiff Church of Scientology International respectfully

requests that the Court adjudge Armstrong to be guilty of each of the separate acts of

contempt set forth in Plaintiff's application.

Dated: January 12, 2001

Respectfully submitted,

WILSON CAMPILONGO LL

By: [signed]

Andrew H. Wilson
Attorneys for Plaintiff/Judgment Creditor
CHURCH OF SCIENTOLOGY INTERNATIONAL

 

 

MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF REPLY TO
OPPOSITION TO MOTION FOR CONTEMPT

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ANDREW H. WILSON, SBN 63209
SHAUNA T. RAJKOWSKI, SBN 148239
WILSON CAMPILONGO LLP
475 Gate 5 Road, Suite 212
Sausalito, CA 94965

Telephone (415) 289-7100
Facsimile (415) 289-7110

Attorneys for Plaintiff and Judgment Creditor
CHURCH OF SCIENTOLOGY INTERNATIONAL

 

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF MARIN

CHURCH OF SCIENTOLOGY
INTERNATIONAL, a California
nonprofit religious corporation,


      Plaintiff,

vs.

GERALD ARMSTRONG,

      Defendant.


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CASE NO. 152229


DECLARATION OF ANDREW H.
WILSON IN SUPPORT OF REPLY TO
ARMSTRONG TO MOTION FOR
CONTEMPT

Date: January 17, 2001
Time: 9:30
Department:6

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    Andrew H. Wilson deposes and says:

    1. My name is Andrew H. Wilson. I am a member of the Bar of the State of

California and a partner in the firm Wilson Campilongo LLP, attorneys for plaintiffs in

this action. My business address is 475b Gate Five Road, Suite 212, Sausalito,

California, 94965. I have personal knowledge of the facts set forth in this declaration and

could competently testify thereto.

    2. Attached hereto as Exhibit [A] is a true and correct copy of order entered by

the First Appellate District of the California Court of Appeal granting Respondent Church

of Scientology International's motion to dismiss the appeal because of Armstrong's

violation of the Injunction on the ground that Armstrong's violation of the Injunction

 

DECLARATION OF ANDREW H. WILSON IN SUPPORT OF REPLY TO OPPOSITION OF
GERALD ARMSTRONG TO MOTION FOR CONTEMPT

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disqualified Armstrong from appealing from it. Attached hereto as Exhibit [B] is the

Motion to Dismiss Appeal which the order granted.

    I declare that the foregoing is true and correct and that this Declaration was

executed on January 12, 2001 in Sausalito, California.

[signed]

Andrew H. Wilson

 

DECLARATION OF ANDREW H. WILSON IN SUPPORT OF REPLY TO OPPOSITION OF
GERALD ARMSTRONG TO MOTION FOR CONTEMPT

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Exhibit [A]
In his declaration, Scientology attorney Wilson identifies Exhibit A as the Court of Appeal's grant of their Motion to Dismiss the Appeal. However, the document that he filed as Exhibit A was the Court of Appeal's Refusal of Respondent's Lodged Motion to Strike.

Exhibit [B]
Motion to Dismiss Appeal

 
   

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