In Propria Persona

SUPERIOR COURT OF THE STATE OF CALIFORNIA

PLAINTIFF CSI'S MATERIAL FACTS AND

SUPPORTING EVIDENCE

1. Gerald Armstrong

voluntarily entered into a

confidential Mutual Release of

All Claims and Settlement

Agreement ("Agreement") with

Church of Scientology

International ("the Church")

on December 6, 1986.

Plaintiff's Evidence:

1. Request for Judicial

Notice, Exhibit A, Verified

Amended Complaint (hereinafter

"Complaint"), ¶¶ 1 and 2;

Request for Judicial Notice

Exhibit B, Answer of Gerald

Armstrong and the Gerald

Armstrong Corporation to

Amended Complaint (hereinafter

"Answer"), ¶¶ 1 and 2; Request

DEFENDANT ARMSTRONG'S MATERIAL

FACTS AND SUPPORTING EVIDENCE

1. Disputed.

A. Armstrong was the target

of Scientology's "fair game"

acts from the time he left

Scientology until the time he

signed the settlement

agreement. These fair game

acts included, but are not

limited to: publishing

"Suppressive Persons

Declares," spying on him,

assault, filing false charges

with Los Angeles DA, filing

false charges with FBI,

attempted entrapment, illegal

videotaping, battery by a car

driven by a hired agent,

attempting to involve him in a

freeway "accident," filing

'A' to this Agreement,

including but not limited to

any tapes, computer disks,

films, photographs,

recastings, variations or

copies of any such materials

which concern or relate to the

religion of Scientology, L.

Ron Hubbard, or any of the

organizations, individuals or

entities listed in Paragraph 1

above, all evidence of any

nature, including evidence

obtained from the named

defendants through discovery,

acquired for the purposes of

this lawsuit or any lawsuit,

or acquired for any purpose

concerning any Church of

Scientology, any financial or

administrative materials

concerning any Church of

Scientology, and any materials

relating personally to L. Ron

Hubbard, his family or estate.

...To the extent that

Plaintiff does not possess or

control documents within

categories A-C above,

Plaintiff recognizes his

continuing duty to return to

CSI any and all documents that

fall within categories A-C

above which do in the future

come into his possession or

control."

Plaintiff's Evidence:

4. Exhibit 1A, Mutual

Release of All Claims and

Settlement Agreement, ¶7(E).

5. Paragraph 7(D) of the

Agreement provides that

"Plaintiff agrees never to

create or publish or attempt

to publish, and/or assist

another to create for

publication by means of

magazine, article, book or

other similar form, any

writing or to broadcast or to

assist another to create,

write, film or video tape or

audio tape any show, program

or movie, or to grant

interviews or discuss with

others, concerning their

experiences with the Church of

Scientology, or concerning

their personal or indirectly

acquired knowledge or

information concerning the

Church of Scientology, L. Ron

Hubbard or any of the

organizations, individuals and

entities listed in Paragraph 1

above. Plaintiff further

agrees that he will maintain

strict confidentiality and

silence with respect to his

experiences with the Church of

Scientology and any knowledge

or information he may have

concerning the Church of

Scientology, L. Ron Hubbard,

or any of the organizations,

individuals and entities

listed in Paragraph 1 above.

Plaintiff expressly

understands that the non-

disclosure provisions of this

subparagraph shall apply

inter alia, but not be

limited, to the contents or

substance of his complaint on

file in the action referred to

in Paragraph 1 hereinabove or

any documents as defined in

Appendix "A" to this

Agreement, including but not

limited to any tapes, films,

photographs, recastings,

variations or copies of any

such materials which concern

or relate to the religion of

Scientology, L. Ron Hubbard,

or any of the organizations,

individuals and entities

listed in Paragraph 1 above.

The attorneys for Plaintiff,

subject to the ethical

limitations restraining them

as promulgated by the state or

federal regulatory

associations or agencies,

agree not to disclose any of

the terms and conditions of

the settlement negotiations,

amount of the settlement, or

statements made by either

party during the settlement

conferences. Plaintiff agrees

that if the terms of this

paragraph are breached by him,

that CSI and the other

Releasees would be entitled to

liquidated damages in the

amount of $50,000 for each

such breach. All monies

received to induce or in

payment for a breach of this

Agreement, or any part

thereof, shall be held in a

constructive trust pending the

outcome of any litigation over

said breach. The amount of

liquidated damages herein is

an estimate of the damages

that each party would suffer

in the event this Agreement is

breached. The reasonableness

of the amount of such damages

are hereto acknowledged by

Plaintiff."

Plaintiff's Evidence:

5. Exhibit 1A Mutual Release

of All Claims and Settlement

Agreement, ¶7(D).

6. Paragraph 7(G) of the

Agreement provides, "Plaintiff

agrees that he will not

voluntarily assist or

cooperate with any person

adverse to Scientology in any

6. Undisputed.

proceeding against any of the

Scientology organizations,

individuals or entities listed

in Paragraph 1 above.

Plaintiff agrees that he will

not cooperate in any manner

with any organizations aligned

against Scientology."

Plaintiff's Evidence:

6. Exhibit 1A Mutual Release

of All Claims and Settlement

Agreement, ¶7(D).

7. Paragraph 7(H) of the

Agreement provides, "Plaintiff

agrees not to testify or

otherwise participate in any

other judicial, administrative

or legislative proceeding

adverse to Scientology or any

of the Scientology Churches,

individuals or entities listed

in Paragraph 1 above unless

compelled to do so by lawful

subpoena or other lawful

process. Plaintiff shall not

make himself amenable to

service of any such subpoena

in a manner which invalidates

7. Undisputed.

the intent of this provision.

Unless required to do so by

such subpoena, Plaintiff

agrees not to discuss this

litigation or his experiences

with and knowledge of the

Church with anyone other than

members of his immediate

family."

Plaintiff's Evidence:

7. Exhibit 1A Mutual Release

of All Claims and Settlement

Agreement, ¶7(H).

8. Paragraph 10 of the

Agreement provides, "Plaintiff

agrees that he will not assist

or advise anyone, including

individuals, partnerships,

associations, corporations or

governmental agencies

contemplating any claim or

engaged in litigation or

involved in or contemplating

any activity adverse to the

interests of any entity or

class of persons listed above

in Paragraph 1 of this

Agreement."

8. Undisputed.

Plaintiff's Evidence:

8. Exhibit 1A Mutual Release

of All Claims and Settlement

Agreement, ¶10.

9. Paragraph 18(D) of the

Agreement provides, "The

Parties hereto and their

respective attorneys each

agree not to disclose the

contents of this executed

Agreement. Nothing herein

shall be construed to prevent

any party hereto or his

respective attorney from

stating that this civil action

has been settled in its

entirety."

Plaintiff's Evidence:

9. Exhibit 1A Mutual Release

of All Claims and Settlement

Agreement, ¶18(D).

9. Undisputed.

10. Paragraph 20 of the

Agreement provides,

"Notwithstanding the dismissal

of the lawsuit pursuant to

Paragraph 4 of this Agreement,

the parties hereto agree that

10. Undisputed.

the Los Angeles Superior Court

shall retain jurisdiction to

enforce the terms of this

Agreement. This Agreement may

be enforced by any legal or

equitable remedy, including

but not limited to injunctive

relief or declaratory judgment

where appropriate. In the

event any party to this

Agreement institutes any

action to preserve, to protect

or to enforce any right or

benefit created hereunder, the

prevailing party in any such

action shall be entitled to

the costs of suit and

reasonable attorney's fees."

Plaintiff's Evidence:

10. Exhibit 1A Mutual Release

of All Claims and Settlement

Agreement, ¶20.

B. Armstrong Breached The Agreement By Voluntarily Providing Aid

To Adverse Litigants And Claimants In Violation Of Paragraph

7(G), 7(H), 10 and 18(D) Of The Agreement.

11. Vicki and Richard Aznaran

are former Church members and,

11. Undisputed.

in 1991, were actively

litigating against several

Churches of Scientology.

Plaintiff's Evidence:

11. Complaint, ¶ 18; Answer,

¶18; Exhibit 1E, Deposition

of Gerald Armstrong, Vol II, July

22, 1992, 183:1-6; Request

for Judicial Notice, Exhibit

F, Complaint in the United

States District Court for the

Central District of

California, Case No. CV 88-

1786 JMI(Ex), Vicki J.

Aznaran, et al. v. Church of

Scientology of California, et

al.

12. On August 21, 1991,

Armstrong wrote to attorney

Eric Lieberman, counsel for

CSI, "There was no reason to

videotape me as proof that I

was associating with Ford

Green. I had spoken the day

before with two of your fellow

org lawyers, Laurie Bartilson

and Bill Drescher, and two men

from SO legal liaison staff,

12. Undisputed.

Howard Gutfeld and August

Murphy, and from none of whom

had I withheld the fact that I

was helping Mr. Greene...Mr.

Murphy spent some time in Mr.

Greene's office and we spoke

for a few minutes. I am quite

certain he left with the

impression that I was helping

Mr. Greene, and specifically

in the Aznaran case since, in

addition to my saying so, he

did observe me carrying into

Mr. Greene's office two boxes

containing the mega-copies of

the two Oppositions to Summary

Judgment Motions (Statute of

Limitations and First

Amendment) and related

documents, and he did hear me

lament that his organization

had cost Mr. Greene that very

day over seven hundred dollars

in copying costs."

Plaintiff's Evidence:

12. Letter of August 21,

1991 from Gerald Armstrong to

Eric Lieberman, Exhibit 1F.

13. On September 4, 1991,

Ford Greene signed a

declaration for filing in the

Aznaran case stating, "I am

grateful for the on-going

assistance that I have

received from Gerry Armstrong.

While I have worked - at times

around the clock - he has

assembled the product of my

labors and ensured that were

prepared for filing and

service."

Plaintiff's Evidence:

13. Declaration of Ford

Greene, September 4, 1991,

Exhibit 1G; ¶7.

13. Undisputed.

14. On August 26, 1991,

Armstrong voluntarily signed a

declaration for filing in the

Aznaran case containing

statements regarding his

alleged experiences with and

knowledge of the Church and L.

Ron Hubbard.

Plaintiff's Evidence:

14. Exhibit 1H, Deposition of

Gerald Armstrong, Vol III,

14. Undisputed.

322:19-323:7, 324:5-10,

324:21-23, 325:1-10, 325:17-

326:3, 327:8-10, and Exhibit

11 thereto; Exhibit 1I,

Armstrong Declaration, August

26, 1991; Complaint, ¶¶ 37 and

59; Answer, ¶¶ 37 and 59.

15. On September 3, 1991,

Armstrong voluntarily signed a

declaration for filing in the

Aznaran case stating, "I aid

Mr. Greene out of my own free

will and my sense of right and

wrong ... My help to Ford

Greene in all of the papers

recently filed has been in

proofreading, copying,

collating, hole-punching,

stapling, stamping, packaging,

labeling, air freighting and

mailing. Mr. Greene and I

have had several conversations

during this period, some of

which have certainly concerned

the litigation."

Plaintiff's Evidence:

15. Declaration of Gerald

Armstrong, September 3, 1991,

15. Undisputed.

16. On October 8, 1992,

Armstrong testified that since

July 22, 1992, he had broadly

discussed with the Aznarans

matters concerning their case,

and had relayed communications

between the Aznarans and Ford

Greene.

Plaintiff's Evidence:

16. Armstrong Depo., Vol IV,

448:9-449:4, Exhibit 1K.

16. Undisputed.

17. In July, 1991, the Church

and related Church entities

filed a complaint against

their former attorney Joseph

A. Yanny.

Plaintiff's Evidence:

17. Request for Judicial

Notice, Exhibit G, Complaint,

Exhibit 1G, Religion

Technology Center et al. v.

Joseph A. Yanny, et al., Los

Angeles Superior Court, Case

No. BC 033035 ("RTC v.

Yanny ").

17. Undisputed.

18. On July 16, 1991, at the

offices of Joseph Yanny,

Armstrong voluntarily prepared

and executed a declaration

which Armstrong then left with

Yanny, with the expectation

that Yanny would use it and

file it in court in RTC v.

Yanny.

Plaintiff's Evidence:

18. Armstrong Depo., Vol III,

311:3-312:20, Exhibit 1L;

Declaration of Gerald

Armstrong, July 16, 1991,

Exhibit 1M.

18. Disputed.

The RTC v. Yanny case was not

filed until July 18, 1991.

Defendant's Evidence

Plaintiff's Request for

Judicial Notice, Exhibit G,

Yanny complaint.

19. In this declaration

Armstrong discussed the

contents of his settlement

agreements between CSI and

other litigants represented by

Michael Flynn, and alleged

circumstances of the

settlements. Armstrong

attached a copy of his

settlement agreement to this

declaration.

Plaintiff's Evidence:

19. Declaration of Gerald

19. Undisputed.

Armstrong, July 16, 1991,

Exhibit 1M.

20. On July 19, 1991,

Armstrong voluntarily signed a

handwritten declaration and

provided it to Joseph Yanny.

In the declaration, which

Yanny filed, Armstrong

admitted that Yanny called him

on July 19, 1991, and asked

for Armstrong's help in

Yanny's representation of the

Aznarans against CSI.

Armstrong stated that he

agreed to help Yanny with the

Aznarans' case and that he

would travel to Los Angeles

and did stay with Yanny on

July 15 and 16, 1991.

Plaintiff's Evidence:

20. Declaration of Gerald

Armstrong, July 19, 1991, ¶¶

2,3 and 9 Exhibit 1N.

20. Undisputed.

21. Malcolm Nothling is an

anti-Scientology litigant who

is suing Church of Scientology

entities in South Africa.

21. Undisputed.

Plaintiff's Evidence:

21. Letter from Gerald

Armstrong to Eric Lieberman

dated June 21, 1991, Ex. 1O.

22. In June, 1991, Armstrong

agreed to travel to South

Africa to testify on behalf of

Mr. Nothling. In August,

1991, he flew to South Africa

at Mr. Nothling's expense and,

with Mr. Nothling and his

attorneys, prepared to testify

at Mr. Nothling's trial.

Armstrong did not receive a

subpoena compelling his

testimony prior to flying to

South Africa.

Plaintiff's Evidence:

22. Letter from Gerald

Armstrong to Eric Lieberman

dated June 21, 1991, Ex. 1O;

Armstrong Depo., Vol. VII, pp.

901:15 - 903:20, Ex. 1P.

22. Undisputed.

23. In December, 1992,

Armstrong sent a letter to

CSI's counsel in which he made

settlement demands on behalf

23. Disputed.

Armstrong's letter of December

22, 1992 is not a demand, but

an effort to resolve his own

of Mr. Nothling.

Plaintiff's Evidence:

23. Letter from Gerald

Armstrong dated December 22,

1992, Ex. 1Q; Armstrong Depo.,

Vol. VII, 908:8 - 914:5, Ex.

1P.

litigation and the threat of

"fair game," and to bring

peace to Scientology as well

as himself and Scientology's

fair game targets. LA

Superior Court Judge Diane

Wayne ruled in discharging

Scientology's contempts

against Armstrong that his

letter "when read in its

totality"... "does not amount

to activity which "assists" in

litigation on behalf of

Roberts." The same is true of

Malcolm Nothling.

Defendant's Evidence

Plaintiff's Evidence, Exhibit

1Q, Armstrong letter; Ex.

1(J)(L), Order of Judge Diane

Wayne filed July 28, 1994 in

Scientology v. Armstrong , LASC

No. BC 052395 (now Marin SC

No. 157680), p. 2, ¶3;

Scientology's Evidence,

Exhibit 1EEEE, Declaration of

Gerald Armstrong executed

February 3, 1993.

24. In August, 1994,

24. Disputed.

Armstrong again made plans to

voluntarily travel to South

Africa and testify against the

South African Church on behalf

of Mr. Nothling.

Plaintiff's Evidence:

24. Armstrong Depo., Vol.

VII, 914:6 - 917:18, Ex. 1P.

Armstrong stated that he would

only testify pursuant to subpoena.

Defendant's Evidence

Plaintiff's Evidence, Ex. 1P.

25. In early 1992, CSI was

involved in litigation in

several European countries

with Readers' Digest.

Plaintiff's Evidence:

25. Armstrong Depo., Vol.

II, pp. 282-285, Ex. 1R.

25. Undisputed.

26. In February, 1992,

Armstrong voluntarily gave

attorneys for Readers' Digest

an affidavit in which he

discussed at length his

purported knowledge of and

experiences in Scientology.

In the affidavit, Armstrong

stated, "In delivering this

testimony I know that it is

destined to be produced in

Court."

26. Undisputed.

Plaintiff's Evidence:

26. Armstrong Affidavit of

February 19, 1992, Ex. 1S,

¶14.

27. Richard Behar is the

author of a cover story

printed in the May 1991 issue

of Time magazine regarding the

Church of Scientology. CSI

filed a complaint for

defamation against Time and

Behar on April 27, 1992, as a

result of false statements

contained in Behar's article.

Armstrong contacted Behar by

phone and spoke to him as he

was aware that CSI was in

litigation with Time.

Plaintiff's Evidence:

27. Armstrong Depo, Vol III,

387:1-14; Request for

Judicial Notice, Exhibit F,

Complaint in the United States

District Court of the Southern

District of New York, Case No.

92 Civ 3024, Church of

Scientology International v.

Time Warner Inc., Time

Magazine Co. and Richard

Behar.

28. In 1992, Armstrong

voluntarily sent Richard Behar

a copy of the affidavit which

he had executed for the

Readers' Digest litigation.

Plaintiff's Evidence:

28. Armstrong Depo, Vol IV,

pp. 420:18 - 421:9, Ex. 1U.

28. Undisputed.

29. The World Institute of

Scientology Enterprises

("WISE") was a named defendant

in Hunziker v. Applied

Materials et al., Santa Clara

Superior Court, Case No.

692629 ("Hunziker"). WISE is

a Church of Scientology

affiliated entity and thus a

"Releasee" under the

Agreement.

Plaintiff's Evidence:

29. Complaint, ¶ 47; Answer,

¶ 47-48; Mutual Release of All

Claims and Settlement

Agreement ¶ 1, Exhibit 1A.

29. Undisputed.

30. In 1992, Armstrong

was retained by Hunziker's lawyers

as an "expert" consultant on

the subject of Scientology.

Plaintiff's Evidence:

30. Armstrong letter to

Rummonds, Exhibit 1V.

30. Undisputed.

31. On February 21, 1992,

Armstrong voluntarily met with

attorney James Rummonds,

counsel for plaintiffs in

Hunziker. In this meeting

Armstrong discussed his

"history in the organization, the

settlement agreement, the

effect of the settlement

agreement..." and his

knowledge of and experience

with the Church of

Scientology.

Plaintiff's Evidence:

31. Complaint, ¶ 48; Answer,

¶ 48; Armstrong Depo, Vol III,

392:17-394:21, 398:5-18,

Exhibit 1W; Armstrong Depo,

Vol I, Hunziker v. Applied

Materials, 87:13-88:2, 93:7-

14, Exhibit 1X.

31. Undisputed.

32. Armstrong met with John

C. Elstead, attorney for

plaintiff in Hunziker on

February 23, 1992. On that

date, Armstrong discussed with

Elstead his knowledge of and

experience with the Church of

Scientology.

Plaintiff's Evidence:

32. Complaint, ¶ 48; Answer,

¶ 48; Armstrong Depo, Vol I,

Hunziker v. Applied Materials,

144:15-147:8, Exhibit 1X.

32. Undisputed.

33. On March 8, 1992,

Armstrong met again with

attorney John Elstead and

provided him approximately 500

pages of documents relating to

the Scientology religion and

the Church of Scientology.

Plaintiff's Evidence:

33. Complaint, ¶ 51; Answer,

¶ 51; Armstrong Depo, Vol III,

402:5-405:13, Exhibit 1W.

33. Undisputed.

34. On May 27, 1992,

Armstrong met with attorneys

Jerold Fagelbaum and Gary

34. Undisputed.

Bright, attorneys for David

Mayo and the Church of the New

Civilization in the

consolidated cases of

Religious Technology Center et

al. v. Robin Scott et al.

United States District Court

for the Central District of

California, Case No. CV 85-711

JMI(Bx), and Religious

Technology Center et al. v.

Larry Wollersheim et al.,

United States District Court

for the Central District of

California, Case No. CV 85-

7197 JMI(Bx). At the time,

Fagelbaum and Bright were

litigating a cross-claim in

that case against inter alia,

CSI.

Plaintiff's Evidence:

34. Armstrong Depo, Vol II,

214:20-216:24, Exhibit 1Y.

35. At his meeting with

Fagelbaum and Bright,

Armstrong voluntarily executed

a declaration purporting to

authenticate an affidavit

35. Undisputed.

describing Armstrong's alleged

experiences with the Church.

Plaintiff's Evidence:

35. Answer, ¶¶ 68 and 69;

Armstrong Depo, Vol II,

219:17-226:25, Exhibit 1Y;

Declaration of Gerald

Armstrong, May 27, 1992,

Exhibit 1Z.

36. Tilly Good, Denise

Cantine and Ed Roberts are

former Scientology

parishioners, each of whom

have pressed claims against

one or more Churches of

Scientology.

Plaintiff's Evidence:

36. Tilly Good Demand Letter,

Exhibit 1AA; Denise Cantine

Demand Letter, Exhibit 1BB; Ed

Roberts Demand Letter, Exhibit

1CC.

36. Undisputed.

37. While working in Ford

Greene's office, Armstrong

voluntarily provided aid and

assistance to Tilly Good,

Denise Cantine and Ed Roberts

37. Disputed.

Armstrong is permitted by the

May 28, 1992 partial

injunction to render clerical

and paralegal services. There

concerning their claims

against Churches of Scientology.

Plaintiff's Evidence:

Armstrong Depo, Vol IV, 451-

458, Exhibit 1DD; Armstrong

letter of Dec. 22, 1992,

Exhibit 1Q, pp. 6-7.

is no evidence that he has

done anything other than that

regarding the Good, Cantin &

Roberts matters. Judge Wayne

ruled in discharging

Scientology's contempts

against Armstrong that

regarding the Aznaran

litigation, where Scientology

also claimed Armstrong

assisted the plaintiffs:

"no where is it
suggested that any
of those
conversations were
for the purpose of
"assisting" in their
claims. And, it
appears that any
such conversation
could have been
associated with his
ministerial duties
as a paralegal in
the office of his
employer. It should
be noted that the
Order specifically
permits Respondent
to engage in such
employment and does
not "wall" him off
from all such
litigation."

Armstrong's letter of December

22, 1992 is not a demand, but

an effort to resolve his own

litigation and the threat of

"fair game", and to bring

peace to Scientology as well

as himself and Scientology's

fair game targets.

Defendant's Evidence

Ex. 1(J)(L); Plaintiff's

Evidence, Exhibit 1DD;

Plaintiff's Evidence, Exhibit

1Q; Scientology's Request for

Judicial Notice, Exhibit P,

pp. 2,3, § 6.

38. The Cult Awareness

Network ("CAN") and its

Executive Director, Cynthia

Kisser, have brought three law

suits against CSI and various

Scientology related entities

and individuals.

Plaintiff's Evidence:

38. Request for Judicial

Notice, Exhibit I, Complaint

in Cult Awareness Network v.

Church of Scientology

International, et al., Circuit

Court of Cook Co., Illinois,

No. 94L804; Ex. J, Cynthia

Kisser v. Chicago Crusader et

al., Circuit Court of Cook

County, Illinois, No.

92L08593; Ex. K, Cynthia

38. Undisputed.

Kisser v. Coalition for

Religious Freedom, et al.,

United States District Court

for the North District of

Illinois, Eastern Division,

No. 92C4508.

39. Armstrong has voluntarily

provided aid and assistance to

CAN and its attorneys

Hagenbaugh and Murphy, in

their litigation against CSI

and other Releasees.

Plaintiff's Evidence:

39. Letter from Gerald

Armstrong to Daniel Leipold,

January 11, 1993, Exhibit 1EE;

Armstrong Depo., Vol. VIII,

pp. 1036-1038, Exhibit 1FF.

39. Disputed.

The letter Armstrong wrote to

Leipold concerns Armstrong's

request for assistance from

CAN in the instant litigation

where Scientology was seeking

to have Armstrong jailed for

contempt of court.

Armstrong's deposition

testimony concerns only the

suggestion that CAN invite

two people to its annual

convention.

Defendant's Evidence

Plaintiff's Evidence, Exhibits

1EE and 1FF.

40. Lawrence Wollersheim has

been a litigant actively

pursuing a claim against the

Church of Scientology of

California ("CSC") since 1980.

40. Undisputed.

Plaintiff's Evidence:

40. Request for Judicial

Notice, Exhibit L, Complaint,

Wollersheim v. Church of

Scientology of California,

LASC No. C332327.

41. In February, 1993, CSC

brought an action for

equitable relief from judgment

due to judicial bias which

named Wollersheim as a

defendant.

Plaintiff's Evidence:

41. Request for Judicial

Notice, Exhibit M, Complaint,

Church of Scientology of

California v. Wollersheim,

LASC No. BC074815.

41. Undisputed.

42. In 1993, Armstrong

voluntarily provided aid and

assistance to Wollersheim and

his attorneys, Daniel Leipold,

Hagenbaugh & Murphy and Mark

Goldowitz.

Plaintiff's Evidence:

42. Armstrong letters to

Goldowitz, June - September,

42. Undisputed.

1993, Exhibit 1GG; Armstrong

Depo., Vol. VI, pp. 740-746,

749-750, Exhibit 1HH.

43. Ron Lawley is an anti-

Scientology litigant adverse

to Scientology-affiliated

entities in the case of 1984

S.No.1675 Scientology AOSHEU &

Af -v- Scott, et al., and 1986

C No. Scientology RECI -v-

Carter, et al., High Court

London, England.

Plaintiff's Evidence:

43. Request for Judicial

Notice, Exhibit N, Writ

Summons and Statement of Claim

between the Church of

Scientology Advanced

Organization Saint Hill Europe

and Africa and Robin Scott,

Ron Lawley, et al. in the High

Court of Justice, Queen's

Bench Division, London,

England, dated March 22, 1984;

Armstrong Depo., Vol. VII, pp.

857-861, Exhibit 1II.

43. Undisputed.

44. In or about January and

February, 1994, Armstrong

44. Undisputed.

voluntarily agreed to testify

against Scientology at

Lawley's upcoming trial, and

furnished an affidavit

concerning his alleged

Scientology knowledge and

experiences to Lawley and

Lawley's counsel.

Plaintiff's Evidence:

44. Armstrong Depo., Vol.

VII, pp. 857-861, Exhibit 1II;

Affidavit of Gerald Armstrong,

February 7, 1994, Ex. 1JJ.

45. Steven Fishman and Uwe

Geertz are defendants in an

action brought by the Church

of Scientology International

for defamation.

Plaintiff's Evidence:

45. Request for Judicial

Notice, Exhibit N, Complaint,

Church of Scientology

International v. Steven

Fishman, etc al., United

States District Court for the

Central District of

California, Case No. 91-6426

HLH (Tx).

45. Undisputed.

46. Armstrong agreed to be a

trial witness for Fishman and

Geertz and, in 1994, provided

assistance and declarations

about his claimed Scientology

knowledge and experiences to

Geertz's counsel.

Plaintiff's Evidence:

46. Armstrong Depo., Vol. VI,

pp. 782-789, Vol. VIII, pp.

1046, 1058, Exhibit 1KK;

Declaration of Gerald

Armstrong and dated February

22, 1994, Exhibit 1LL;

Declaration of Gerald

Armstrong and dated April 21,

1994, Exhibit 1MM; Armstrong

letter to Graham Berry, dated

January 27, 1994, Exhibit 1NN.

46. Undisputed.

C. Armstrong Breached The Agreement By Discussing His Claimed

Experiences In And Knowledge Of Scientology With Media

Representatives In Violation Of Paragraph 7(D) Of The

Agreement.

47. On March 20, 1992,

Armstrong and his counsel,

Ford Greene, provided a

videotaped interview to

47. Undisputed.

reporter Don Knapp of CNN.

Plaintiff's Evidence:

47. Complaint, ¶ 44; Answer,

¶ 44; Exhibit 1OO, Armstrong

Depo, Vol. III, 341:24 -

344:14, 345:10-16.

48. In the CNN interview,

Armstrong discussed his

knowledge of the Church of

Scientology and L. Ron Hubbard

which he had gained through

his experiences with the

Church of Scientology.

Plaintiff's Evidence:

48. Complaint, ¶ 44; Answer,

¶ 44; Exhibit 1PP, Transcript

of CNN Broadcast; Exhibit 100,

Deposition of Gerald

Armstrong, Vol III, 343:19-

344:4; Request for Judicial

Notice, Exhibit E, Order

Granting Summary Adjudication.

48. Undisputed.

49. Armstrong and his

counsel, Ford Greene, were

interviewed by reporter

William Horne of The American

Lawyer magazine. Armstrong

49. Undisputed.

made statements concerning his

knowledge of and experiences

with the Church of Scientology

during that interview.

Plaintiff's Evidence:

49. Exhibit 1QQ, Armstrong

Depo, Vol III, 341:24-342:14,

348-353; Request for Judicial

Notice, Exhibit E, Order

Granting Summary Adjudication.

50. In 1992, Armstrong

discussed his anti-Scientology

litigation with reporters

Robert Welkos and Joel Sappell

of the Los Angeles Times.

Plaintiff's Evidence:

50. Armstrong Depo, Vol III,

378-380, Exhibit 1RR.

50. Undisputed.

51. In June, 1993, Armstrong

discussed Scientology and his

knowledge of the Wollersheim

case with Joel Sappell.

Plaintiff's Evidence:

51. Armstrong letter to Mark

Goldowitz, June 30, 1993,

Exhibit 1SS.

51. Undisputed.

52. On November 6, 1992,

Armstrong gave a videotaped

interview to Sylvia "Spanky"

Taylor and Jerry Whitfield, in

which he discussed his alleged

Scientology knowledge and

experiences at length.

Plaintiff's Evidence:

52. Videotape, Exhibit 1TT;

Transcript of Video, Exhibit

1UU.

52. Undisputed.

53. On April 28, 1993,

Armstrong attempted to appear

on KFAX radio, in the San

Francisco area, to discuss his

claimed Scientology knowledge

and experiences. His

appearance was prevented only

by the rapid action of CSI's

counsel.

Plaintiff's Evidence:

53. Bartilson letter to

Armstrong, April 28, 1993, Ex.

1VV; Armstrong letter to

Bartilson, May 3, 1993, Ex.

1WW.

53. Undisputed.

54. In June, 1993, Armstrong

54. Undisputed.

have an interview to Newsweek reporter

Charles Fleming, concerning his claimed

Scientology experiences.

Plaintiff's Evidence:

54. "Scientology in the

Schools," Newsweek , June 14,

1993, p. 76, Exhibit 1XX;

Armstrong Depo., Vol. VI, pp.

736-737, Exhibit 1YY.

55. On June 29, 1993,

Armstrong contacted reporter

Charles Fleming of Newsweek

and discussed his claimed

knowledge of the Wollersheim

case and Scientology.

Plaintiff's Evidence:

55. Armstrong letter to

Goldowitz, June 30, 1993,

Exhibit 1SS.

55. Undisputed.

56. On August 28, 1993,

Armstrong wrote to Charles

Fleming discussing his

litigation with CSI.

Plaintiff's Evidence:

56. Armstrong letter to

Fleming, August 28, 1993,

Exhibit 1ZZ.

56. Undisputed.

Exhibit 1ZZ.

57. On June 29, 1993,

Armstrong spoke with reporter

Mike Tipping from the Daily

Journal concerning his

knowledge Wollersheim's anti-

Scientology litigation.

Plaintiff's Evidence:

57. Armstrong letter to

Goldowitz, June 30, 1993,

Exhibit 1SS.

57. Undisputed.

58. In 1993, Armstrong

discussed his litigation with

CSI and Time reporter Richard

Behar.

Plaintiff's Evidence:

58. Armstrong Depo, Vol. VI,

pp. 729-730, Exhibit 1AAA.

58. Undisputed.

59. On June 29, 1993,

Armstrong discussed

Wollersheim's anti-Scientology

litigation with Time reporter

Richard Behar.

Plaintiff's Evidence:

59. Armstrong letter to

Goldowitz, June 30, 1993,

59. Undisputed.

60. In August, 1993,

Armstrong discussed his

claimed Scientology knowledge

and experience with Jennifer

Cohen, a reporter for the San

Francisco Recorder. He also

sent her many documents,

including documents relating

to the pre-settlement

litigation.

Plaintiff's Evidence:

60. Armstrong Depo, Vol. VII,

pp. 854-855, Exhibit 1BBB;

Armstrong letter to Cohen,

Exhibit 1CCC.

60. Undisputed.

61. In August, 1993,

Armstrong was interviewed by

E! TV reporters concerning his

claimed Scientology knowledge

and experiences.

Plaintiff's Evidence:

61. Portions of Transcript of

E!TV segment, Exhibit 1DDD.

61. Undisputed.

62. In the late summer or

early fall, 1993, Armstrong

62. Undisputed.

discussed his claimed

Scientology knowledge and

experience on WORD radio in

Pittsburgh, Pennsylvania.

Plaintiff's Evidence:

62. Armstrong Depo, Vol. VII,

850-855, Exhibit 1EEE.

63. In October, 1993,

Armstrong discussed his

claimed Scientology knowledge

and experiences with a

reporter for the St.

Petersburg Times, Wayne

Garcia.

Plaintiff's Evidence:

63. Armstrong Depo, Vol. VI,

720-723, Exhibit 1FFF.

63. Disputed.

Armstrong testified that

Garcia wanted a comment on

Armstrong's present thoughts

regarding a 1993 ruling by the

IRS. Armstrong did not

discuss his knowledge or

experiences.

Defendant's Evidence

Plaintiff's Evidence, Exhibit

1FFF.

64. In October, 1993,

Armstrong wrote a lengthy

letter to the editor of

Premiere Magazine in which

he discussed his claimed

Scientology experiences.

Plaintiff's Evidence:

64. Armstrong letter to

Premiere Magazine Exhibit

64. Undisputed.