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[CT 8411]

Gerald Armstrong
[former address]

In Propria Persona


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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No. 157 680

ARMSTRONG'S SEPARATE STATEMENT OF DISPUTED AND UNDISPUTED FACTS IN OPPOSITION TO MOTION FOR SUMMARY ADJUDICATION OF THE TWENTIETH CAUSE OF ACTION OF THE SECOND AMENDED COMPLAINT

Date: 9/29/95
Time: 9:00 a.m.
Dept: One
Trial Date: Not Set

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RESPONDING PARTY GERALD ARMSTRONG'S STATEMENT OF DISPUTED AND

UNDISPUTED FACTS

Defendant Gerald Armstrong ("Armstrong") submits this

separate statement in opposition to Plaintiff Church of

Scientology International's ("Scientology") separate statement of

undisputed facts with reference to supporting evidence pursuant to

CCP Section 437c (b).

 

ISSUE NUMBER I:

Scientology's Claim: CSI Is Entitled To Summary

Adjudication Of The Twentieth Cause Of Action Because There Is No

Dispute (1) That The Parties Entered Into A Written Agreement (2)

That CSI Performed All Of Its Obligations Pursuant To The

 

 

Page 1. ARMSTRONG'S SEPARATE STATEMENT RE SUMMARY JUDGMENT

   

 

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[CT 8412]

Agreement, (3) That Armstrong Breached The Agreement Repeatedly,

and (4) That Armstrong Intends To Continue Breaching The

Agreement.

 

A. The Parties Entered Into A Written Agreement And CSI

Performed All Of Its Obligations Pursuant To The Agreement

 

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

 

 

Page 2. ARMSTRONG'S SEPARATE STATEMENT RE SUMMARY JUDGMENT

   

 

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[CT 8413]

for Judicial Notice, Exhibit

C, Order Granting Summary

Adjudication of the Fourth and

Sixth Causes of Action;

Request for Judicial Notice

Exhibit D, Opinion of the

Second District Court of

Appeal; Request for Judicial

Notice Exhibit E, Order

Granting Summary Adjudication

of the Second and Third Causes

of Action of Armstrong's

cross-complaint; Exhibit 1A,

Mutual Release of All Claims

and Settlement Agreement ("the

Agreement"), page 16; Exhibit

1B, Declaration of Larry

Heller, ¶¶ 4 and 5, Exhibit A

thereto and Exhibit B thereto,

1:19-2:10.

 

 

false declarations,

international dissemination of

publications falsely accusing

him of crimes ("black

propaganda"), filing false

contempt of court charges

against him, disseminating

"confidential" statements made

in pastoral "counseling

sessions."

Defendant's Evidence

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

 

 

Page 3. ARMSTRONG'S SEPARATE STATEMENT RE SUMMARY JUDGMENT

   

 

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[CT 8414]
   

false declarations,

international dissemination of

publications falsely accusing

him of crimes ("black

propaganda"), filing false

contempt of court charges

against him, disseminating

"confidential" statements made

in pastoral "counseling

sessions."

Defendant's Evidence

Exhibit 1, Declaration of

Gerald Armstrong in Opposition

to Motions for Summary

Adjudication of 20th Cause of

Action; and 13th, 16th, 17th &

19th Causes of Action of

Second Amended Complaint,

Authenticating Deposition

Transcripts and Exhibits, 4:8-

6:19, Exhibit 1(G),

Declaration of Gerald

Armstrong in Opposition to

Scientology's Motion for

Preliminary Injunction,

executed March 16, 1992, and

Authenticating Exhibits, 4:26-

7:7; Exhibit 1(G)(C),

"Penalties for Lower

 

 

Page4. ARMSTRONG'S SEPARATE STATEMENT RE SUMMARY JUDGMENT

   

 

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[CT 8415]
   

Conditions," Scientology

Policy Letter by L. Ron

Hubbard dated October 18,

1967; Exhibit 1(G) (L),

"Settlement Agreement" between

attorney Michael J. Flynn and

his clients in December, 1986,

at p. 4, (5); Exhibit 1(G)(M)

Letter from Phillip Rodriguez

dated November 7, 1984

purporting to authorize

eavesdropping on Gerry

Armstrong and Michael J.

Flynn; Exhibit 1(G)(N), Public

Announcement of Los Angeles

Police Chief Daryl Gates dated

April 23, 1985; Exhibit

1(G)(O), Letter from Los

Angeles County Deputy District

Attorney Robert N. Jorgenson

to Scientology officials dated

April 25, 1986; Exhibit 1(H),

Declaration of Gerald

Armstrong, executed January

13, 1994, and Authenticating

Exhibits, pp. 2,3, ¶¶ 5,6; p.

14, ¶ 15; Exhibit, 1(H)(R)(C)

" Freedom" published by

Scientology April/May, 1985;

 

 

Page5. ARMSTRONG'S SEPARATE STATEMENT RE SUMMARY JUDGMENT

   

 

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[CT 8416]
   

Exhibit 1(H)CC), "Squirrels,"

Scientology Office of Special

Affairs Executive Directive

dated September 20, 1984;

Exhibit 1(B), Declaration of

Gerald Armstrong, executed

December 25, 1990, and

Authenticating Exhibits, p. 1,

¶ 2; Exhibit 1(B)(O)

Declaration of Gerald

Armstrong, executed October

11, 1986, pp. 3-9, ¶¶ 3-8;

Exhibit 1(B)(P), Declaration

of Gerald Armstrong, executed

November 1, 1986, 2:2-3:3,

6:4-7:5, 7:25-11:12; Exhibit

pages to Ex. 1(B)(P) at 22:24-

26:8; Exhibit 1(I),

Declaration of Gerald

Armstrong Executed August 12,

1994, and Authenticating

Deposition Transcripts And

Exhibits, Exhibit 1(I)(AA),

Suppressive Person Declare

Gerry Armstrong" dated

February 18, 1982; Exhibit

1(I)(BB), "Suppressive Person

Declare Gerry Armstrong" dated

February 18, 1982, Revised

 

 

Page6. ARMSTRONG'S SEPARATE STATEMENT RE SUMMARY JUDGMENT

   

 

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[CT 8417]
   

April 22, 1982; Exhibit 1(A),

Declaration of Gerald

Armstrong, executed March 15,

1990, and Authenticating

Exhibits, p. 1, ¶ 1, Exhibit

1(A)(A), Memorandum of

Decision dated June 20, 1984

in Scientology v. Armstrong,

LA Superior Court No. C

420153, at 5:3-19; 7:9-12:9;

Appendix thereto, pp. 1-15;

Exhibit 1(C), Opinion of

California Court of Appeal

dated July 29, 1991, 283

Cal.Rptr. 917, at 920, 921,

925; Exhibit 1(A)(L),

Affidavit of Gerald Armstrong,

executed March 7, 1986, at p.

5, ¶ 6; Exhibit 1(E)(E),

Declaration of Gerald

Armstrong Regarding Alleged

"Taint" of Joseph A. Yanny

executed September 3, 1991 and

filed in Aznaran v.

Scientology, US District

Court, Central District of

California, Case No. CV 88-

1786 JMI, pp. 3-5, ¶¶ 13-16;

Scientology's Request for

 

 

Page7. ARMSTRONG'S SEPARATE STATEMENT RE SUMMARY JUDGMENT

   

 

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[CT 8418]
   

Judicial Notice in Support of

its Motion for Summary

Adjudication of the 13th,

16th, 17th and 19th Causes of

Action of Second Amended

Complaint, Exhibit 1(S)

Declaration of Gerald

Armstrong executed February

22, 1994 and filed in

Scientology v. Steven Fishman,

et al., US District Court for

the Central District of

California, Case No. 91-6426

HLH (Tx), and exhibits

thereto; Scientology's

Evidence in Support of Motion

for Summary Adjudication of

the 20th Cause of Action of

Second Amended Complaint,

Exhibit 1(A), Mutual Release

of All Claims and Settlement

Agreement; Ex. 1(H), pp. 7,8,

¶ 12.

 

B. Armstrong's attorney

Michael Flynn was the target

of Scientology's fair game

from 1979 through the time of

the signing of the settlement

 

 

Page8. ARMSTRONG'S SEPARATE STATEMENT RE SUMMARY JUDGMENT

   

 

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[CT 8419]
   

agreements. Fair game acts

against Flynn included, but

are not limited to,

infiltrating his office,

paying known criminals to

testify falsely against him,

suing him and his office some

fifteen times, framing him

with the forgery of a

$2,000,000 check, and an

international "black

propaganda campaign."

Defendant's Evidence

Exhibit 10, Second Declaration

of Gerald Armstrong in

Opposition to Motion for

Summary Adjudication of 13th,

16th, 17th and 19th Causes of

Action of Scientology's Second

Amended Complaint executed

September 9, 1995, 8:18-9:14;

Ex. 1, 6:20-7:7; Ex. 1(G),

9:6-24; Ex. 1(B), p. 1, ¶ 2,

pp. 3,4, ¶8, pp. 5,5, ¶11; Ex.

1(B)(O), pp. 60-74; Ex. 1(H),

pp. 8,9, ¶ 12; Exhibit 7,

Declaration of Jonathan Atack

in Opposition to Motions for

Summary Adjudication of 20th

 

 

Page9. ARMSTRONG'S SEPARATE STATEMENT RE SUMMARY JUDGMENT

   

 

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[CT 8420]
   

Cause of Action; and 13th,

16th, 17th & 19th Causes of

Action of Second Amended

Complaint, and Authenticating

Exhibits, executed April 9,

1995, p. 4, ¶16; Ex. 1(G)(L),

pp. 4,5, (5); Ex. 1(G)(M); Ex.

1(G)(N); Ex. 1(G)(O), Ex.

1(H)(R)(C).

 

C. Flynn told Armstrong that

if he didn't sign

Scientology's settlement

agreement he would be the

target of more fair game.

Defendant's Evidence

Ex. 1, 9:1-15; Ex. 1(G), 9:6-

12; Ex. 1(B), pp. 3,4, ¶ 8, p.

5, ¶ 11.

 

D. Flynn told Armstrong that

the other some fifteen people

involved in the "global

settlement" would continue to

be attacked by Scientology if

he didn't sign.

Defendant's Evidence

Ex. 1, pp. 8,9, ¶ 18; Ex.

1(G), 9:6-12, 10:21-11:28; Ex.

 

 

Page10. ARMSTRONG'S SEPARATE STATEMENT RE SUMMARY JUDGMENT

   

 

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[CT 8421]
   

1(B), pp. 3,4, ¶ 8, p. 5, ¶ 11.

 

E. Flynn had another client

yell at Armstrong when

Armstrong objected to the

language of the " agreement."

Defendant's Evidence

Ex. 1(G), 9:15-19; Ex. 1(B),

p. 4, ¶ 8.

 

 

2. Armstrong received a

portion of a total sum paid to

his attorney, Michael Flynn,

in settlement of all claims of

Mr. Flynn's clients.

Plaintiff's Evidence:

Complaint ¶13; Answer, ¶13;

Request for Judicial Notice,

Exhibit C, Order Granting

Summary Adjudication of the

Fourth and Sixth Causes of

Action; Exhibit 1A, Mutual

Release of All Claims and

Settlement Agreement, ¶3.

 

 

 

2. Disputed. The total sum

paid to Flynn was additionally

in consideration of settlement

of Flynn's own claims.

Defendant's Evidence

Plaintiff's Evidence, Exhibit

1C, Exhibit B thereto,

"Settlement Agreement."

3. Armstrong received

approximately $800,000.00 from

Michael Flynn as his portion

 

3. Undisputed, but

irrelevant. Scientology did

not know how much Armstrong

 

 

Page11. ARMSTRONG'S SEPARATE STATEMENT RE SUMMARY JUDGMENT

   

 

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[CT 8422]

of the total settlement sum

paid by CSI to Mr. Flynn for

Flynn's settling clients.

Plaintiff's Evidence:

3. Exhibit 1C, Declaration

of Graham Berry, and Exhibit B

thereto; Exhibit 1D Marin

Independent Journal, November

11, 1992, article entitled,

"Is Money The Root of Our

Problems?"

 

 

was receiving. As far as

Scientology knew, it could

have been $0.00, it could have

been all the funds Scientology

paid to Flynn, or any monetary

figure in between.

Defendant's Evidence

Plaintiff's Evidence, Exhibit

1A, p. 2, ¶ 3; Plaintiff's

Exhibit 1C, Exhibit B thereto.

4. Paragraph 7(E) of the

Agreement provides:"...

Plaintiff agrees to return to

the Church of Scientology

International at the time of

the consummation of this

agreement, all materials in

his possession, custody or

control (or within the

possession, custody or control

of his attorney, as well as

third parties who are in

possession of the described

documents), of any nature,

including originals and all

copies or summaries of

documents defined in Appendix

 

4. Undisputed.

 

 

Page12. ARMSTRONG'S SEPARATE STATEMENT RE SUMMARY JUDGMENT

   

 

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[CT 8423]

'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,

   
 

 

Page13. ARMSTRONG'S SEPARATE STATEMENT RE SUMMARY JUDGMENT

   

 

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[CT 8424]

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

  5. Undisputed.
 

 

Page14. ARMSTRONG'S SEPARATE STATEMENT RE SUMMARY JUDGMENT

   

 

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[CT 8425]

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

   
 

 

Page15. ARMSTRONG'S SEPARATE STATEMENT RE SUMMARY JUDGMENT

   

 

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[CT 8426]

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

   
 

 

Page16. ARMSTRONG'S SEPARATE STATEMENT RE SUMMARY JUDGMENT

   

 

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[CT 8427]

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.

 

 

Page17. ARMSTRONG'S SEPARATE STATEMENT RE SUMMARY JUDGMENT

   

 

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[CT 8428]

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.

 

 

Page18. ARMSTRONG'S SEPARATE STATEMENT RE SUMMARY JUDGMENT

   

 

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[CT 8429]

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.

 

 

Page19. ARMSTRONG'S SEPARATE STATEMENT RE SUMMARY JUDGMENT

   

 

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[CT 8430]

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.

 

 

Page20. ARMSTRONG'S SEPARATE STATEMENT RE SUMMARY JUDGMENT

   

 

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[CT 8431]

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.

 

 

Page21. ARMSTRONG'S SEPARATE STATEMENT RE SUMMARY JUDGMENT

   

 

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[CT 8432]

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.

 

 

Page22. ARMSTRONG'S SEPARATE STATEMENT RE SUMMARY JUDGMENT

   

 

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[CT 8433]

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.

   
 

 

Page23. ARMSTRONG'S SEPARATE STATEMENT RE SUMMARY JUDGMENT

   

 

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[CT 8434]

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.

 

 

Page24. ARMSTRONG'S SEPARATE STATEMENT RE SUMMARY JUDGMENT

   

 

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[CT 8435]

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.

 

 

Page25. ARMSTRONG'S SEPARATE STATEMENT RE SUMMARY JUDGMENT

   

 

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[CT 8436]

¶¶ 5 and 18, Exhibit 1J.  

 

 

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.

 

 

Page26. ARMSTRONG'S SEPARATE STATEMENT RE SUMMARY JUDGMENT

   

 

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[CT 8437]

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.

 

 

Page27. ARMSTRONG'S SEPARATE STATEMENT RE SUMMARY JUDGMENT

   

 

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[CT 8438]

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.

 

 

Page28. ARMSTRONG'S SEPARATE STATEMENT RE SUMMARY JUDGMENT

   

 

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[CT 8439]

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

 

 

Page29. ARMSTRONG'S SEPARATE STATEMENT RE SUMMARY JUDGMENT

   

 

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[CT 8440]

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.

 

 

Page30. ARMSTRONG'S SEPARATE STATEMENT RE SUMMARY JUDGMENT

   

 

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[CT 8441]

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.

 

 

Page31. ARMSTRONG'S SEPARATE STATEMENT RE SUMMARY JUDGMENT

   

 

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[CT 8442]

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

 

  27. Undisputed.
 

 

Page32. ARMSTRONG'S SEPARATE STATEMENT RE SUMMARY JUDGMENT

   

 

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[CT 8443]

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.

 

 

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[CT 8444]

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.

 

 

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[CT 8445]

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.

 

 

Page35. ARMSTRONG'S SEPARATE STATEMENT RE SUMMARY JUDGMENT

   

 

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[CT 8446]

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.

 

 

Page36. ARMSTRONG'S SEPARATE STATEMENT RE SUMMARY JUDGMENT

   

 

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[CT 8447]

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

 

 

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[CT 8448]

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

 

 

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[CT 8449]

   

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.

 

 

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[CT 8450]

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.

 

 

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[CT 8451]

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.

 

 

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[CT 8452]

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.

 

 

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[CT 8453]

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.

 

 

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[CT 8454]

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.

 

 

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[CT 8455]

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.

 

 

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[CT 8456]

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.

 

 

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[CT 8457]

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.

 

 

Page47. ARMSTRONG'S SEPARATE STATEMENT RE SUMMARY JUDGMENT

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[CT 8458]

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.

 

 

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[CT 8459]

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.

 

 

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[CT 8460]

Exhibit 1SS.  

 

 

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.

 

 

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[CT 8461]

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.

 

 

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[CT 8462]

1GGG.  

 

 

65. In May, 1994, Armstrong

sent a letter to the Mirror

Group newspapers, United

Kingdom, in which he discussed

his claimed Scientology

experiences and offered to

testify voluntarily on behalf

of Mirror Group, should it

become involved in litigation with CSI.

Plaintiff's Evidence:

65. Armstrong letter to

Mirror Group Newspaper,

Exhibit 1HHH.

 

 

65. Undisputed.

66. In June, 1994, Armstrong

discussed his claimed

Scientology knowledge and

experiences with Rick Cusick,

a reporter for Gauntlet

Magazine.

Plaintiff's Evidence:

66. Armstrong Depo, Vol. VI,

693-694, Exhibit 1III,

Armstrong letter to Cusick,

Exhibit 1JJJ.

 

 

66. Undisputed.

 

 

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[CT 8463]

67. In June, 1994, Armstrong

discussed his claimed

Scientology knowledge and

experiences with Rick Sine, a

reporter for the Pacific Sun.

In July, 1994 he wrote a

letter to the Editor of the

Pacific Sun.

Plaintiff's Evidence:

67. Armstrong Depo, Vol. VI,

653-655, 661-662, 664-667,

Exhibit 1KKK; Article "Gagged

Again," Exhibit 1LLL; Article

"Alleged Gagged." Exhibit

1MMM.

 

 

67. Undisputed.

68. In August, 1994,

Armstrong discussed his

claimed Scientology knowledge

and experiences with Marsha

Nix, a representative of the

Disney Channel.

Plaintiff's Evidence:

68. Armstrong Depo, Vol. VII,

848-849, Exhibit 1NNN.

 

 

68. Undisputed.

69. In August, 1994,

Armstrong sent documents

concerning L. Ron Hubbard to

 

69. Undisputed.

 

 

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[CT 8464]

Tom Voltz, a Swiss writer who

claimed to be writing an anti-

Scientology book.

Plaintiff's Evidence:

69. Armstrong Depo, Vol.

VIII, 992-995, Exhibit 1OOO.

 

   

D. Armstrong Breached The Agreement By Preparing And

Distributing His Own Manuscripts Concerning His Claimed

Scientology Experiences In Violation Of Paragraph 7(D) Of The

Agreement.

 

70. Armstrong has written and

distributed a treatment for a

screenplay about his claimed

Scientology experiences which

he hopes to make into a film.

Plaintiff's Evidence:

70. Portions of Transcript of

E!TV segment, Exhibit 1DDD;

Armstrong letter to

Wollersheim, Exhibit 1PPP;

Armstrong Depo, Vol. VII, 875-

876, Exhibit 1QQQ.

 

 

70. Undisputed.

71. Armstrong has written,

copyrighted and distributed

two manuscripts concerning his

claimed Scientology knowledge

 

71. Undisputed.

 

 

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[CT 8465]

and experiences.

Plaintiff's Evidence:

71. "I Declare," Exhibit

1RRR; "Find Better Basket,"

Exhibit 1SSS; Armstrong Depo,

Vol. VI, pp. 654-655, 710;

Vol. VII, pp. 798-801, Exhibit

1TTT.

 

   

E. Armstrong Breached The Agreement By Discussing His Claimed

Scientology Knowledge And Experiences With Third Parties In

Violation Of Paragraph 7(D) Of The Agreement.

 

72. In July - September,

1992, Armstrong spoke with

Robert Lobsinger, a Kentucky

newspaper publisher concerning

his claimed Scientology

knowledge and experiences.

Armstrong also wrote to

Lobsinger and sent him

documents about Armstrong's

claimed Scientology experiences.

Plaintiff's Evidence:

72. Armstrong Depo., Vol.

III, 383-385; Vol. IV, 4521-

422, Exhibit 1UUU; Armstrong

Letter to Lobsinger, Exhibit

 

72. Undisputed.

 

 

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[CT 8466]

1VVV.

 

   

73. In August, 1992,

Armstrong sent documents

concerning his claimed

knowledge and experiences of

Scientology to the New York

Times.

Plaintiff's Evidence:

73. Armstrong Depo., Vol.

IV, 4521-422, Exhibit 1UUU.

 

 

73. Undisputed.

74. In December, 1992,

Armstrong wrote a letter

discussing his claimed

Scientology knowledge and

experiences which he copied to

Toby Plevin, Stuart Cutler,

Anthony Laing, Kent Burtner,

and Margaret Singer.

Plaintiff's Evidence:

74. Armstrong Letter, Exhibit

Q.

 

 

74. Undisputed.

75. In January, 1992,

Armstrong discussed his

claimed Scientology knowledge

and experiences with CANLA

Director, Priscilla Coates.

 

75. Disputed.

Armstrong testified that he

asked Priscilla Coates for a

phone number.

Defendant's Evidence

 

 

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[CT 8467]

Plaintiff's Evidence:

75. Armstrong Depo., Vol.

II, Hunziker v. Applied

Materials, 265, 266, Exhibit

1WWW.

 

 

Plaintiff's Evidence, Exhibit

1WWW.

76. From March, 1993 to

August, 1994, Armstrong

discussed his claimed

Scientology knowledge and

experiences with Omar

Garrison, and sent him

documents about his claimed

Scientology experiences.

Plaintiff's Evidence:

76. Armstrong Depo., Vol.

VI, 705-710, Exhibit 1XXX.

 

 

76. Undisputed.

77. In fall, 1993, Armstrong

discussed his claimed

Scientology knowledge and

experiences with anti-

Scientologists Vaughn and

Stacy Young.

Plaintiff's Evidence:

77. Armstrong Depo., Vol.

VI, 764-765, 767-770, 777-780,

Exhibit 1YYY.

 

77. Disputed.

Vaughn and Stacy Young are not

anti- Scientologists. They are

pro-Scientologist. They are

opposed to the leaders of

Scientology ordering fair game

attacks on them, and on

anyone. They are opposed to

Scientology's leaders

deceiving Scientologists and

subjecting them to coercive

and abusive practices to their

 

 

 

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[CT 8468]

 

 

 

detriment. Calling the Youngs

anti-Scientologists is

Scientology's leaders' "black

propaganda."

Defendant's Evidence

Ex. 1, 22:5-15.

 

78. In fall, 1993, Armstrong

discussed his claimed

Scientology knowledge and

experiences with a Stanford

University psychology class.

Plaintiff's Evidence:

78. Armstrong Depo., Vol.

VII, 869-870, 872, Exhibit

1ZZZ.

 

 

78. Undisputed.

 

79. In November, 1993,

Armstrong discussed his

claimed Scientology knowledge

and experiences with attendees

of a CAN convention.

Plaintiff's Evidence:

79. Armstrong Depo., Vol. V,

591-592, Exhibit 1AAAA.

 

 

79. Undisputed.

80. In spring, 1994,

Armstrong discussed his

claimed Scientology knowledge

 

80. Disputed.

Armstrong testified that his

conversation with Ms.

 

 

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[CT 8469]

and experiences with anti-

Scientologist Hana Whitfield.

Plaintiff's Evidence:

80. Armstrong Depo., Vol. VI,

782-785, Exhibit 1BBBB.

 

Whitfield concerned dismissal

of the Fishman case, which

dismissal occurred in 1994.

Moreover, Ms. Whitfield is not

an anti- Scientologist, but

pro-Scientologist. She is

opposed to the leaders of

Scientology ordering fair game

attacks on people, including

herself. She is opposed to

Scientology's leaders

deceiving Scientologists and

subjecting them to coercive

and abusive practices to their

detriment. Calling Ms.

Whitfield an "anti-

Scientologist" is

Scientology's leaders' "black

propaganda."

Defendant's Evidence

Plaintiff's Evidence, Exhibit

1BBBB; Ex. 1, 22:5-15; Exhibit

2, Declaration of Hana

Whitfield in Opposition to

Motions for Summary

Adjudication of 20th Cause of

Action; and 13th, 16th, 17th &

19th Causes of Action of

Second Amended Complaint, and

 

 

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[CT 8470]

   

Authenticating Exhibits,

executed April 6, 1995, in

toto.

 

F. Armstrong Breached The Agreement By Establishing And

Maintaining An Anti-Scientology Electronic Library Via His

Colorado Corporation, FACTNet, In Violation Of Paragraphs

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

 

81. In June, 1993 Armstrong

and anti-Scientologist

Lawrence Wollersheim organized

"Fight Against Coercive

Tactics, Inc." or "Fight

Against Coercive Tactics,

Network, Inc." a Colorado

Corporation (hereinafter,

"FACTNet"). Armstrong has

testified that he was an

incorporator of FACTNet and

its first president.

Plaintiff's Evidence:

81. Armstrong Depo., Vol.

VII, 843, 919-920, Exhibit

1CCCC.

 

81. Disputed.

Lawrence Wollersheim is not an

anti- Scientologist, but pro-

Scientologist. He is opposed

to the leaders of Scientology

ordering fair game attacks on

people, including himself. He

is opposed to Scientology's

leaders deceiving

Scientologists and subjecting

them to coercive and abusive

practices to their detriment.

Calling Mr. Wollersheim an

"anti-Scientologist" is

Scientology's leaders' "black

propaganda."

Defendant's Evidence

Ex. 1, 22:5-15; Exhibit 9,

Declaration of Lawrence

Wollersheim in Opposition to

 

 

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[CT 8471]

   

Motions for Summary

Adjudication of 20th Cause of

Action; and 13th, 16th, 17th &

19th Causes of Action of

Second Amended Complaint, and

Authenticating Exhibits,

executed April 7, 1995.

 

82. According to Armstrong

FACTNet was organized "to

create an electronic means of

assisting the battle against

harmful mind control in its

various forms and through its

various arms, one of which --

and undeniably a major area in

my life -- was Scientology."

Plaintiff's Evidence:

82. Armstrong Depo., Vol.

VII, 922, Exhibit 1CCCC.

 

 

82. Undisputed.

83. Armstrong has described

FACTNet as "the electronic

backup" to anti-Scientology

litigation, and has admitted

that the purposes of

assembling the FACTNet

database included "providing

access to materials for

 

83. Undisputed.

 

 

Page61. ARMSTRONG'S SEPARATE STATEMENT RE SUMMARY JUDGMENT

   

 

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[CT 8472]

persons who were engaged in

litigation with various Church

of Scientology entities," and

"making information available

to persons contemplating

pressing claims against

various Church of Scientology

entities."

Plaintiff's Evidence:

83. Armstrong Depo., Vol.

VII, 922-923, Vol. VIII, 961,

972-973, Exhibit 1CCCC.

 

   

84. Armstrong supplied anti-

Scientology materials to

FACTNet's database before

FACTNet was incorporated,

while he was its president,

and after he ceased to be an

officer of FACTNet. The

materials included

declarations, personal

writings, exhibits and other

documents which Armstrong

"possessed and assembled."

Armstrong supplied two to

three inches of anti-

Scientology documents to FACTNet.

 

84. Disputed.

Armstrong provided FACTNet no

materials before it was

incorporated. He provided

materials to FACTNet after its

incorporation which concerned

certain of Scientology's

illegal or antisocial

practices, but no anti-

Scientology materials. He

provided materials relating to

the framing of his attorney

Michael Flynn, by a private

investigator Eugene Ingram.

Ingram is not a named

beneficiary in the 1986

 

 

Page62. ARMSTRONG'S SEPARATE STATEMENT RE SUMMARY JUDGMENT

   

 

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[CT 8473]

Plaintiff's Evidence:

84. Armstrong Depo., Vol.

VII, 926-930, Vol. VIII, 954-

961, Exhibit 1CCCC.

 

settlement.

Defendant's Evidence

Ex. 1, 22:16-24:4; Ex. 9, 2:6-

7:6; Plaintiff's Evidence,

Exhibit 1CCCC.

 

85. In addition to supplying

documents to FACTNet,

Armstrong's role is one of

"strategy, planning and

consultation."

Plaintiff's Evidence:

85. Armstrong letter to

Wollersheim, Exhibit 1PPP.

 

85. Disputed.

Armstrong's role in the area

of "strategy, planning and

consultation," was negligible.

He resigned as a director in

January, 1994, and has had no

official role in FACTNet and

no involvement in its

operations ever since, other

than as a FACTNet library card

holder. FACTNet is an

organization which champions

the rights of cult abuse

victims as a library and

historical preservation

archive. It collects,

preserves and makes available

information on groups using

dangerous mind control

practices.

Defendant's Evidence

Ex. 1, 22:16-24:4; Exhibit

1(R), Letter from Gerald

 

 

Page63. ARMSTRONG'S SEPARATE STATEMENT RE SUMMARY JUDGMENT

   

 

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[CT 8474]

   

Armstrong to Lawrence

Wollersheim dated January 21,

1994 resigning as director;

Ex. 9, 2:6-7:6; Ex. 9(A)

Exhibit A, Publication

"FACTNet's Mission," by

FACTNet, Inc. (Fight Against

Corecive Tactics, Network,

Incorporated); Ex. 9(B),

FACTNet Research Publication

"Scientology's Policies Toward

Its Adversaries."

 

G. Armstrong Intends To Continue Breaching The Agreement.

 

86. On May 28, 1992, the

Court in this action granted

CSI's application for

preliminary injunction,

prohibiting Armstrong, "his

agents, and persons acting in

concert or conspiracy with

him...from doing directly or

indirectly any of the following:

"Voluntarily assisting any

person (not a governmental

organ or entity) intending to

make, intending to press,

 

86. Disputed.

Scientology brought a motion

for a preliminary injunction

prohibiting Armstrong from

violating any of the

conditions of the "settlement

agreement." Judge Sohigian

denied Scientology's motion as

to all conditions of the

agreement except for the

narrow condition plaintiff

states.

Defendant's Evidence

Plaintiff's Request for

 

 

Page64. ARMSTRONG'S SEPARATE STATEMENT RE SUMMARY JUDGMENT

   

 

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[CT 8475]

intending to arbitrate, or

intending to litigate a claim

against the persons referred

to in sec. 1 of the 'Mutual

Release of All Claims and

Settlement Agreement' of

December, 1986, regarding such

claim or regarding pressing,

arbitrating or litigating it.

"Voluntarily assisting

any person (not a governmental

organ or entity) arbitrating

or litigating a claim against

persons referred to in sec. 1

of the 'Mutual Release of All

Claims and Settlement

Agreement' of December, 1986."

Plaintiff's Evidence:

Request for Judicial Notice,

Exhibit P, Minute Order of May

28, 1992, issued by Hon.

Ronald M. Sohigian.

 

 

Judicial Notice, Exhibit P, p.

2, No. 6, first sentence,

fifth paragraph, p. 3, first

sentence.

87. On June 24, 1992,

Armstrong testified regarding

the Agreement, "A. When, I

mean, I have, I have

absolutely no intention of

honoring that settlement

 

87. Undisputed.

 

 

Page65. ARMSTRONG'S SEPARATE STATEMENT RE SUMMARY JUDGMENT

   

 

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[CT 8476]

agreement. I cannot. I

cannot logically. I cannot

ethically. I cannot morally.

I cannot psychically. I

cannot philosophically. I

cannot spiritually. I cannot

in any way. And it is firmly

my intention not to honor it.

"Q. No matter what a court says?

"A. No court could order it.

They're going to have to kill

me."

Plaintiff's Evidence:

87. Armstrong Depo., Vol. I,

124:3-11, Exhibit 1DDDD.

 

   

88. On November 6, 1992,

Armstrong provided a video-

taped interview in which he

stated, "...I cannot except

pursuant to a subpoena, assist

someone intending to file a

claim or pressing a claim

against the organization. Now

that we are appealing even

that very narrow ruling,

because that's unenforceable

because if you construe my ...

 

88. Undisputed.

 

 

Page66. ARMSTRONG'S SEPARATE STATEMENT RE SUMMARY JUDGMENT

   

 

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[CT 8477]

that this video could possibly

indirectly help someone in the

future, I can't do this. And

not only that but if you

consider that my existence

indirectly or directly helps

someone, then I'll oblige to

take my own life. In other

words then I must stop

breathing. It's unenforceable

hence I feel that I am

completely at liberty to

associate with whomever I

want, to talk to whomever

I want, and I act in life that

way."

Plaintiff's Evidence:

88. Videotape of Interview

with Gerald Armstrong, Exhibit

1TT; Transcript of Interview,

page 34, Exhibit 1UU.

 

   

89. On December 22, 1992,

Armstrong sent a letter to

attorney Laurie Bartilson,

counsel for CSI. In this

letter Armstrong wrote, "...I

consider myself free to do

anything anyone can, except

 

89. Undisputed.

 

 

Page67. ARMSTRONG'S SEPARATE STATEMENT RE SUMMARY JUDGMENT

   

 

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[CT 8478]

testify absent a subpoena.

Much of what I am permitted

[to] do I am going to do. I

am going to write freely,

speak freely, publish, talk to

the media, associate freely,

and continue, until you put

your faith in something more

religious than what is bad in

jurisprudence, to confront the

injustice you bring to court.

In the next month or so I

expect to initiate speaking or

media events to help pay the

enormous costs of this

litigation. And I expect to

promote my legal position

within the publishing

industry, because my story and

my writings on the subject are

literarily and commercially

worthy."

Plaintiff's Evidence:

89. Letter of December 22,

1992, page 3, Exhibit 1Q.

 

   

90. In this letter, Armstrong

wrote, "I will continue to

associate with and befriend

 

90. Undisputed.

 

 

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[CT 8479]

all those people I consider

you attack unjustly and

senselessly. I will make my

knowledge and support

available to the Cult

Awareness Network, a group of

people of good will you

vilify, in all the litigation

you have fomented against

them. I will make my

knowledge and support

available to any Scientologist

who is afraid to go anywhere

else for understanding, and to

the families of Scientologists

your organization has

estranged. I will even make

my knowledge and support

available to entities like

Time and people like Rich

Behar in their defenses from

your attacks."

Plaintiff's Evidence:

90. Letter of December 22,

1992, Exhibit 1Q.

 

   

91. In this letter, Armstrong

wrote, "There is also, as

mentioned above, the fact that

 

91. Undisputed.

 

 

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[CT 8480]

in order to defend myself from

your attacks and to fund the

defense of the litigation you

have fomented I must speak and

must publish. I'm sure you

understand that I remain

completely confident that no

court, other than the odd one

your mercenaries are able to

compromise with bucks, babes

or bull, will order me to not

defend myself."

Plaintiff's Evidence:

91. Letter of December 22,

1992, page 5, Exhibit 1Q.

 

   

92. In February, 1993,

Armstrong executed a

declaration in which he

stated, "When I received and

read the Sohigian ruling I

sought to divine its meaning

and apply it sensibly to my

life, work and legal

situation. If it meant

precisely what it said then I

would have to stop breathing

because by breathing I would

be indirectly assisting any

 

92. Undisputed.

 

 

Page70. ARMSTRONG'S SEPARATE STATEMENT RE SUMMARY JUDGMENT

   

 

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[CT 8481]

person litigating a claim

against the organization

entities referred in sec. 1 of

the settlement agreement.

Obviously, therefore, Judge

Sohigian did not mean what he

stated. If he meant only that

I could not, as opposed to

passive assistance to

litigating claimants such as

breathing, living and writing

magazine articles for the

public generally, physically

act to help such a claimant

personally, I would have to

ensure every little old lady

or little old man I might

escort across the road was not

such a claimant. I am certain

Judge Sohigian did not intend

that....I do not believe such

non-assistance covenants or

orders are legal or do

anything but obstruct the

administration of justice and

attempt to destroy mens'

souls."

Plaintiff's Evidence:

92. Armstrong declaration of

   
 

 

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[CT 8482]

February 2, 1993, Exhibit

1EEEE.

 

   

93. On May 3, 1993, Armstrong

wrote a letter to Laurie

Bartilson which stated, "You

are in error in your

interpretation of the December

6, 1986 settlement agreement.

I did not agree on that date

to forgo future media

appearances for a substantial

sum of money...." and "Your

threat that you will subject

me to the liquidated

damages provision of the

settlement agreement for

appearing on [a radio program]

is obscene. Even its

inclusion in the settlement

agreement; that is $50,000.00

per word I write or speak

about your organization is

obscene."

Plaintiff's Evidence:

92. Armstrong letter to

Bartilson, May 3, 1993,

Exhibit 1FFFF.

 

93. Undisputed.

 

 

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[CT 8483]

94. On August 16, 1993,

Armstrong wrote to Andrew

Wilson that "[M]y breaching of

the agreement has continued

unabated since 1990. It is my

duty, therefore, to continue

that breach unabated until the

agreement is rescinded and no

longer exists to be breached.

This letter thus also serves

to advise you and your client

that I am continuing unabated.

Please also advise your client

to not waste its victims

"donations" sending around its

camera-toting PIs to try to

catch me in an instant when I

am doing something other than

my unbroken breach. If I am

not heard to be breaching the

agreement at any moment, I

have not stopped doing so, but

am just between words or

breaching in a whisper. Even

in my sleep, though I may not

be somniloquizing, I am in

every instant breaching the

agreement."

Plaintiff's Evidence:

 

94. Undisputed.

 

 

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[CT 8484]

94. Armstrong letter to

Wilson, Exhibit 1GGGG.

 

   

95. In June, 1994, Armstrong

gave an interview to Pacific

Sun Reporter Rick Sine, in

which he claims, "I stated

that, certainly at one point,

that the settlement agreement

was unenforceable from the

start; and according to the

language of the settlement

agreement, it was absolutely

impossible to live, live by

it; and I realize it would

have driven me absolutely nuts

to even attempt. Nevertheless,

I had tried to live by it and

live within what I call the

spirit of settlement. unless I

arrived at a point where it

simply was impossible and I

had to take a stand and had to

do -- take the acts, do the

things that ended up doing."

Plaintiff's Evidence:

95. Armstrong Depo., Vol. VI,

665-666, Exhibit 1HHHH.

 

95. Undisputed.

 

 

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[CT 8485]

96. In July, 1994, Armstrong

wrote to the Pacific Sun, that

Judge Sohigian "refused the

organization's gargantuan

effort to gag me. ... I

rarely had to consider

violating the injunction to

help [people]. Everyone else

I help with impunity."

Plaintiff's Evidence:

96. Letter to Pacific Sun,

"Alleged Gag," Exhibit 1MMMM.

 

 

96. Undisputed.

97. On February 1, 1995,

Armstrong wrote to Church

member, Nancy O'Meara, copying

the "Media": "What Scientology

is doing with me is

s uppressive, and threatening

to justice, wisdom and

innocent people everywhere. I

will continue to stand my

ground and I refuse to be

suppressed.... As long as I

breathe I will continue to do

what I see as God's will, and

continue to bring

Scientology's evil nature to

the light of truth."

 

97. Undisputed.

 

 

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[CT 8486]

Plaintiff's Evidence:

97. Armstrong Letter to

O'Meara, Exhibit 1IIII.

 

   

ADDITIONAL DISPUTED FACTS

Armstrong's Claim: Scientology is not entitled to summary

adjudication of the Twentieth Cause of Action because: 1.

Scientology obtained Armstrong's signature on the subject

settlement document by duress; 2. Scientology obtained Armstrong's

signature on the subject settlement document by fraud; 3. the

settlement agreement is unfair, unreasonable, unconscionable and

cannot be specifically performed; 4. Scientology's hands are

unclean in this transaction and Scientology is therefore barred

from obtaining the relief it seeks; 5. the settlement agreement

and Scientology's enforcement thereof are obstructive of justice;

6. all of Armstrong's experiences concerning which Scientology

seeks to silence him are religious in nature and the silencing of

the expression of such experiences by court order is completely

barred by the First Amendment to the United States Constitution;

and, 7. all of Armstrong's activities which Scientology claims are

violations of the subject agreement are religiously motivated and

completely protected by the First Amendment, and the Religious

Freedom Restoration Act of 1993.

 

ISSUE NO. I

Armstrong's Claim: Scientology obtained Armstrong's

signature on the subject settlement document by duress.

Armstrong incorporates herein his Disputed Fact and

 

 

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[CT 8487]

Evidentiary Support No. 1, A-E, supra.

 

ISSUE NO. II

Armstrong's Claim: Scientology obtained Armstrong signature

on the subject settlement document by fraud.

Armstrong incorporates herein his Disputed Fact and

Evidentiary Support No. 1, A-E, supra.

 

98. Flynn advised Armstrong

prior to Armstrong's signing

the settlement agreement that

Scientology had promised that

in exchange for his signing

the agreement it was ceasing

all fair game activities and

all attacks against Armstrong,

and everyone else.

 

98. Ex. 1, 9:1-15; Ex. 1(B),

p. 4, ¶9, p. 5, ¶11, pp. 17,

18, ¶¶ 27; Ex. 1(G), 9:25-

10:4, 11:15-17; Exhibit 1(S),

Ex parte application to

continue hearing on motions

for summary adjudication and

declaration thereto executed

April 7, 1995, 5:10-22.

 

99. The settlement agreement

contains the following

language:

7 I. "...the "slate" is

wiped clean concerning past

actions by any party."

18. "(D) The parties

hereto and their respective

attorneys each agree not to

disclose the contents of this

executed Agreement. Nothing

 

99. Plaintiff's Evidence,

Exhibit 1A, Mutual Release of

All Claims and Settlement

Agreement, pp. 11, 15.

 

 

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[CT 8488]

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.

(E) The parties further

agree to forbear and refrain

from doing any act or

exercising any right, whether

existing now or in the future,

which act or exercise is

inconsistent with this

Agreement."

 

   

100. Armstrong believed that

the above quoted clauses in

the settlement agreement

required that Scientology

forbear and refrain from

further acts of fair game

against him, and that

Scientology would not say or

publish anything about him,

other than that the case had

been settled in its entirety.

 

 

100. Ex. 1, 15:1-10; Ex. 1(G),

p. 12, ¶18.

101. Indeed, Scientology

entity Author Services, Inc.'s

 

101. Ex. 1(A)(D) Notice of

Motion and Motion by Defendant

 

 

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[CT 8489]

attorney Lawrence Heller, who

"was personally involved in

the [1986] settlements,"

stated in a declaration

executed November 1, 1989 in

support of Scientology's

motion to delay or prevent the

taking of certain third party

depositions, including

Armstrong's, that:

"The non-disclosure

obligations were a key part of

the settlement agreements

insisted upon by all parties

involved."

 

 

Author Services, Inc to Delay

or Prevent the Taking of

Certain Third Party

Depositions by Plaintiff dated

November 1, 1989 in Corydon v.

Scientology, LASC No. C

694401, declaration of

Lawrence E. Heller, 8:27-9:16.

102. Attorney Heller repeated

this averment in the

memorandum of points and

authorities, stating:

"One of the key

ingredients to completing

these settlements, insisted

upon by all parties involved,

was strict confidentiality

respecting: (1) the

Scientology parishioner or

staff member's experiences

with the Church of

 

 

102. Ex. 1(A)(D), 4:9-19.

 

 

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[CT 8490]

Scientology; (2) any knowledge

possessed by the Scientology

entities concerning those

staff members or

parishioners."

 

   

103. In his call to Armstrong

on November 20, 1989, Heller

also stated that Scientology

had signed a non-disclosure

agreement as well and as far

as he knew had lived up to the

agreement. Armstrong listed

out for Heller statements made

by Scientology in violation of

the agreement.

 

 

103. Ex. 1(A), p. 21, ¶ 44;

Ex. 1(B), p. 6, ¶ 13, pp.

12,13, ¶19; Ex. 1(B)(L), Notes

of Gerald Armstrong of

telephone conversation with

Lawrence Heller on November

20, 1989; Ex. 1(B)(M),

Transcript of Gerald

Armstrong's side of telephone

conversation with Lawrence

Heller on November 20, 1989 p.

2.

 

104. If Armstrong had known

that the meaning of the

settlement agreement was that

Scientology was free to attack

him or anyone else, that it

was going to continue fair

game as before, and that he

would be legally unable to

respond or defend himself or

 

104. Ex. 1, 15:1-10; Ex. 1(H),

p. 18, ¶17.

 

 

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[CT 8491]

anyone else, he would never,

for all the money in the

world, have signed the

document.

 

   

105. Since Armstrong signed

the settlement agreement,

Scientology reneged on its

promise and continued its fair

game attacks on him. These

fair game attacks after

December, 1986, but prior to

any acts by Armstrong, which

Scientology alleges are

breaches of the agreement,

include, but are not limited

to:

A. Delivering "dead

agent documents," on him to

various media representatives.

 

 

105. A. Ex. 1(A), pp. 7-9, ¶¶

15-19, p. 20, ¶ 43; Ex.

1(A)(E), Excerpts from 1987

Scientology "Dead Agent"

document.

B. Publishing its own

false descriptions of his

Scientology experiences.

 

 

B. Ex. 1, 10:12-24; Ex.

1(A), pp. 7-9, ¶¶ 15-19; Ex.

1(A)(E).

C. Disseminating to the

media an edited, misleading

and defamatory version of a

secret and illegal videotape

 

C. Ex. 1(A), p. 20, ¶ 43;

Ex. 1(A)(N), Business card of

Eugene M. Ingram on copy face

of videocassette; Ex. 1(G),

 

 

Page81. ARMSTRONG'S SEPARATE STATEMENT RE SUMMARY JUDGMENT

   

 

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15

16

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18

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24

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26

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[CT 8492]

its agents made of him.

 

  14:24-15:3.

D. Disseminating his

own documents which

Scientology itself had

requested be sealed.

 

 

D. Ex. 1(A), pp. 10-12; Ex.

1(A)(F), First Affidavit of

Kenneth Long executed October

5, 1987 and filed in

Scientology v. Miller &

Penguin Books, High Court of

Justice, London, England, Case

No. 1987 C 6140, p. 2-14, ¶¶

2-26, and all exhibits

thereto.

 

E. Filing affidavits

about him in a civil lawsuit

in England which falsely

asserted, inter alia, that he

violated court orders and was

an admitted agent provocateur

of the US Government.

 

E. Ex. 1(A), pp.9-18, ¶¶ 21-

39; Ex. 1(A)(F), p. 2-14, ¶¶

2-26; Ex. 1(A)(G), Second

Affidavit of Kenneth Long

executed October 5, 1987 and

filed in Miller, p. 2-17, ¶¶

3-32; Ex. 1(A)(H), Third

Affidavit of Kenneth Long

executed October 5, 1987 and

filed in Miller, p. 2, ¶ 3, p.

4, ¶¶ 8,9; Ex. 1(A)(I), First

Affidavit of Sheila Chaleff

executed October 5, 1987 and

filed in Miller, p. 3, ¶ 7;

Ex. 1(A)(J), Fourth Affidavit

of Kenneth Long executed

 

 

Page82. ARMSTRONG'S SEPARATE STATEMENT RE SUMMARY JUDGMENT

   

 

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15

16

17

18

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20

21

22

23

24

25

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[CT 8493]

   

October 7, 1987 and filed in

Miller, p. 2-8, ¶¶ 2-16; Ex.

1(A)(K), Fifth Affidavit of

Kenneth Long executed October

8, 1987 and filed in Miller,

p. 2-7, ¶¶ 3-15.

 

F. Threatening him with

being sued if he even talked

to attorneys in the case in

which the false charges were

being made about him.

 

 

F. Ex. 1(A), p. 9, ¶ 20.

G. Threatening to

expose a private writing if he

did not assist Scientology's

effort to prevent a civil

litigant, Bent Corydon from

obtaining access to the

Armstrong case file.

 

 

G. Ex. 1(A), p. 18, ¶ 40.

H. Threatening him with

being sued if he testified

about his Scientology

experiences even pursuant to a

subpoena.

 

 

H. Ex. 1, 11:2-11; Ex. 1(A),

pp. 2,3, ¶4, pp. 3,4, ¶¶ 7,8,

pp. 7-9, ¶¶ 15-19; pp. 20,21,

¶44; Ex. 1(B), pp. 9,10, ¶ 16;

pp. 11-13, ¶¶ 18, 19; Ex.

1(B)(J), Notes of Gerald

Armstrong of telephone

conversation with Lawrence

 

 

Page83. ARMSTRONG'S SEPARATE STATEMENT RE SUMMARY JUDGMENT

   

 

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[CT 8494]

   

Heller on October 23, 1989;

Ex. 1(B)(K), Notes of Gerald

Armstrong of telephone

conversation with Lawrence

Heller on October 25, 1989;

Ex. 1(B)(L); Ex. 1(B)(M); Ex.

1(H), p. 11, ¶ 14.

 

I. Threatening him with

being sued for being in court

to attend a hearing concerning

his own deposition.

 

 

I. Ex. 1(A), p. 23, ¶ 51;

Ex. 1(B), pp. 11, 12, ¶18, Ex.

1(B)H, Declaration of Gerald

Armstrong, executed March 26,

1990.

 

106. The first thing Armstrong

did in response to

Scientology's post-settlement

fair game attacks was to file

two petitions in the

California Court of Appeal to

be able to respond in the then

pending appeal Scientology had

taken from the 1984 decision

in the Armstrong case, and the

appeal Scientology had taken

from the unsealing by Bent

Corydon of the Armstrong court

file. Over Scientology's

objections, the Court of

 

106. Ex. 1, 11:11-20; Ex.

1(A), pp. 23,24, ¶¶ 52-54; Ex.

1(A)(P), Respondents's

Petition for Permission to

File Response and for an

Extension of Time to File

Response filed in the

California Court of Appeal

February 28, 1990 in

Scientology v. Armstrong, Case

No. B025920; Ex. 1(A) and all

Exhibits thereto; Ex. 1(A)(Q),

Defendants's Petition for

Permission to File Response

and for Time to File filed

 

 

Page84. ARMSTRONG'S SEPARATE STATEMENT RE SUMMARY JUDGMENT

   

 

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15

16

17

18

19

20

21

22

23

24

25

26

27

28

 

[CT 8495]

Appeal granted his petitions.

The Court also unsealed the

subject settlement agreement,

which Armstrong had filed as a

"sealed exhibit" to his

petitions.

 

 

in the California Court of Appeal

March 1, 1990 in Scientology

v. Armstrong, Case No.

B038975; Ex. 1(B), and all

Exhibits thereto; Ex. 1(G),

15:25-16:4.

107. From the time Armstrong

petitioned the Court of

Appeal, Scientology has

continued its fair game

attacks on him without

ceasing. These fair game

attacks include, but are not

limited to:

A. Disseminating to the

media "dead agent packs" of

"black propaganda" on him

which provide Scientology's

false version of Armstrong's

experiences and include at

least the following lies:

a. that Armstrong

testified falsely at trial in

1984;

 

 

107. A. a. Ex. 1, p. 20, ¶ 40-

A, Exhibit O, Set of Bates-

stamped Scientology

publications, known as "dead

agent documents " concerning

Gerald Armstrong and Judge

Paul G. Breckenridge, Jr.,

produced by Scientology

herein, and authenticated by

Scientology representative

Lynn R. Farny, at Bates

stamped pages 200048, 200054;

200191; 200196.

 

b. that he "has adopted

a degraded life-style;"

 

b. Ex. 1(O), 200049; 200191.

 

 

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14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

 

[CT 8496]

c. that he was

"apparently naked" in a

newspaper photo;

 

 

c. Ex. 1(O), 200049, 200191.

d. that he is connected

to Cult Awareness Network

described as "a referral

agency for those who engage in

the illegal activity of

kidnapping adults for the

purpose of forcibly persuading

them to abandon their

religious beliefs;"

 

 

d. Ex. 1(O), 200049; 200191.

e. that Armstrong's

defense at his 1984 trial "was

a sham and a fraud;"

 

 

e. Ex. 1(O), 200049, 200050;

200192; 200359.

f. that the LAPD

"authorized [Scientology's]

videotapes of Armstrong;

 

 

f. Ex. 1(O), 200050; 200192;

200360.

g. that Armstrong

wanted to plant fabricated

documents in Scientology files

and tell the IRS to

conduct a raid;

 

 

g. Ex. 1(O), 200050-200052;

200360; 200361; 200669.

h. that he wanted to

 

h. Ex. 1(O), 200051; 200193.

 

 

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14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

 

[CT 8497]

plunder Scientology for his

own financial gain;

 

   

i. that he never

intended to stick to the terms

of the settlement agreement;

 

 

i. Ex. 1(O), 200053; 200196; 200362.

j. that Armstrong's

motives in writing attorney

Eric Lieberman regarding the

Nothling case were money and

power;

 

 

j. Ex. 1(O), 200054; 200196.

k. that he was

incompetent as a researcher on

the Hubbard biography project;

 

 

k. Ex. 1(O), 200054; 200196;

200367.

l. that he wanted to

orchestrate a coup in which

members of the US Government

would wrest control of

Scientology.

 

 

l. Ex. 1(O), 200052; 200194.

B. Using transcripts

and other documents to attack

Armstrong which Scientology

itself has insisted be sealed.

 

B. Ex. 1(O), 200072-200094;

200096-200013; 200670; 200054

("section 11"); 200055

("section 13"); 200196

("section 11"); 200670 ("(See

 

 

Page87. ARMSTRONG'S SEPARATE STATEMENT RE SUMMARY JUDGMENT

   

 

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[CT 8498]

   

letter, page 31)"); 200361

("Section 2"); 200368

("Section 19").

 

C. Publishing "black

propaganda" on Armstrong

without stating its source

which provide Scientology's

false version of his

experiences and include at

least these false and/or

perverted charges:

a. that he was formerly

a heavy drug user;

 

 

C.a. Exhibit 1(L), Scientology

publication entitled

""FACTNet" - Perversions,

Criminality and Lies."

Scientology at p. 3.

b. that he was paid to

provide homosexual sex;

 

 

b. Ex. 1(L), at p. 3.

c. that a Marin

Independent Journal photo

showed him in the nude holding

the globe;

 

 

c. Ex. 1(L), at p. 3.

d. that he is a

psychotic and lives in a

delusory world;

 

 

d. Exhibit 1(M), Scientology

publication entitled

""FACTNet" Still Off the

Rails," at p. 2.

 

D. Scientology (CSI)

 

D. Exhibit 1(N), Letter from

 

 

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10

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12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

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[CT 8499]

director Michael Rinder on May

9, 1994, wrote a letter to the

Mirror Newspaper Group in

London, United Kingdom in

which he stated that Armstrong

"has now distinguished himself

by posing naked in a

newspaper;"

 

 

Michael Rinder, Church of

Scientology International

executive and director of

plaintiff herein, to Mirror

Group Newspapers in London,

United Kingdom dated May 9,

1994, at p. 2.

E. Church of

Scientology International

President Heber Jentzsch on

August 5, 1993 wrote a letter

to E! Television in which he

stated that Armstrong "has no

relation to art or

artists...except, of course,

for the photo of himself,

nude, hugging the globe;"

 

 

E. Exhibit 1(U), Letter from

Church of Scientology

International President Heber

Jentzsch to E! Television

dated August 5, 1993.

F. Scientology agent

Eugene Ingram spread the rumor

that Armstrong has AIDS;

 

 

F. Ex. 1, 23:20-23, Exhibit

10, Second Declaration of

Gerald Armstrong in Opposition

to Motion for Summary

Adjudication of 13th, 16th,

17th & 19th Causes of Action

of Second Amended Complaint,

executed September 9, 1995,

10:1-6, 11:13-25; Exhibit

 

 

Page89. ARMSTRONG'S SEPARATE STATEMENT RE SUMMARY JUDGMENT

   

 

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10

11

12

13

14

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16

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18

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20

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22

23

24

25

26

27

28

 

[CT 8500]

   

10(A), Videotape taken by

Eugene Ingram of Gerald

Armstrong at November, 1992

Cult Awareness Convention,

produced by Scientology herein

(lodged separately).

 

G. Scientology agent

Garry Scarff was briefed by

Ingram to expand on the "fuck

buddy" relationship between

attorney Ford Greene and

Armstrong;

 

 

G. Exhibit 1(K), Declaration

of Garry L. Scarff, executed

February 11, 1993 and filed

herein in opposition to order

to show cause re contempt, at

4:6-10, 5:10-12;

H. Filing declarations

in various courts containing

false charges, and then using

the settlement agreement to

prevent him from responding or

punish him for responding;

 

 

H. Exhibit 1(P), Declaration

of David Miscavige, executed

February 8, 1994 and filed in

Scientology v. Steven Fishman,

supra, 31:22-32:14;

Scientology's Request for

Judicial Notice, Exhibit A,

second amended complaint, 19th

cause of action, at 25:16-

26:18; Scientology's motion

for summary adjudication of

13th, 16th, 17th & 19th causes

of action, at 9:9-10:4;

Exhibit 1(E)(C), Scientology's

Supplemental Memorandum in

 

 

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14

15

16

17

18

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20

21

22

23

24

25

26

27

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[CT 8501]

   

Support of Defendant's Motion

to Dismiss Complaint with

Prejudice, filed August 26,

1991 in Aznaran, supra, at

5:11-6:12, and declaration of

Lynn R. Farny appended

thereto, at pp 39-41;

Scientology's evidence in

support of motion for summary

adjudication, Exhibit 1J,

declaration of Gerald

Armstrong executed September

3, 1991, and filed in Aznaran.

 

I. Attempting to have

Armstrong jailed for contempt

of court based on

mischaracterization of his

actions and manufactured

actions;

 

I. Ex. 1(H)(DD),

Scientology's Ex parte

Application for Order to Show

Cause Why Gerald Armstrong

Should Not Be Held in

Contempt, filed herein

December 31, 1992; Exhibit

1(J) Declaration of Gerald

Armstrong in Opposition to

Motions for Summary

Adjudication Fourth, Sixth and

Eleventh Causes of Action of

Second Amended Complaint,

Authenticating Exhibits, 7:20-

8:12; Ex. 1(J)(L); Exhibit

 

 

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14

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16

17

18

19

20

21

22

23

24

25

26

27

28

 

[CT 8502]

   

1(J)(M), "Why Thetans Mock

Up," Scientology Bulletin by

L. Ron Hubbard dated October

1, 1969, Bates stamped p.

700576; Plaintiff's Evidence,

Exhibit 1EEEE, declaration of

Gerald Armstrong, executed

February 2, 1993.

 

J. Providing

documentation to Premiere

magazine about Armstrong,

including partial transcripts

of the illegal Ingram

videotaping of Armstrong and

then using the settlement

agreement to punish Armstrong

for responding;

 

J. Exhibit 1(Q), Article

"Catch a Rising Star," by John

H. Richardson in Premiere,

September, 1993, p. 88;

Scientology's motion for

summary adjudication, at 8:18;

Scientology's evidence,

Exhibit 1GGG, letter from

Gerald Armstrong to Premiere.

 

K. Providing a press release

to the Marin

Independent Journal concerning

the Court's ruling of January

27, 1995, which discusses

Armstrong's Scientology

experiences and contains the

false statement that he

"promised [in the settlement

agreement] to refrain from

 

K. Exhibit 1(T), Scientology

press release from Nancy

O'Meara and Andrew H. Wilson

regarding January 27, 1995

ruling by Judge Gary W. Thomas

granting summary adjudication;

Scientology's motion for

summary adjudication, at

14:22-15:5; Scientology's

evidence, Exhibit 1IIII,

 

 

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[CT 8503]

spreading falsehoods about

[Scientology];" and then using

the settlement agreement to

punish Armstrong for

responding;

 

 

letter from Gerald Armstrong

to Nancy O'Meara.

 

L. Secretly videotaping him.

 

L. Ex. 1(E)(E), pp. 29-33,

Letters of August 21 and

August 22, 1991 to Scientology

attorney Eric Lieberman.

 

108. Scientology has also

continued to carry out fair

game against its other

perceived enemies, many of

them Armstrong's friends and

associates who include Ford

Greene, Hana Whitfield, Dennis

Erlich, Lawrence Wollersheim,

Jonathan Atack, Margery

Wakefield, Nancy McLean and

Malcolm Nothling.

 

 

108. Ex. 1, 24:5-24; Ex. 10,

11:5-12:7; Ex. 9, 1:18-5:21;

Ex. 9(B), in toto; Ex. 2,

1:12-27, 8:20-26, 6:21-12:18;

Ex.2(A), 8:5-29:17, 38:4-41:7;

Exhibit 3, Declaration of

Dennis Erlich in Opposition to

Motions for Summary

Adjudication of 20th Cause of

Action; and 13th, 16th, 17th &

19th Causes of Action of

Second Amended Complaint, and

Authenticating Exhibits,

executed April 6, 1995, 3:9-

19; Exhibit 4, Declaration of

Margery Wakefield in

Opposition to Motions for

Summary Adjudication of 20th

 

 

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[CT 8504]

   

Cause of Action; and 13th,

16th, 17th & 19th Causes of

Action of Second Amended

Complaint, and Authenticating

Exhibits, executed April 7,

1995, 3:25-3:17; Exhibit 4(B),

Scientology's Motion for Order

to Show Cause Why Plaintiff

Should Not Be Held in Criminal

Contempt, filed February, 1993

in Wakefield v. Scientology,

US District Court for the

Middle District of Florida,

Case no. 82-1313-Civ-T-10;

Exhibit 5, Declaration of

Keith Scott in Opposition to

Motions for Summary

Adjudication of 20th Cause of

Action; and 13th, 16th, 17th &

19th Causes of Action of

Second Amended Complaint,

executed April 5, 1995,

3:6:15; Exhibit 6, Declaration

of Malcolm Nothling in

Opposition to Motions for

Summary Adjudication of 20th

Cause of Action; and 13th,

16th, 17th & 19th Causes of

Action of Second Amended

 

 

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[CT 8505]

   

Complaint, and Authenticating

Exhibits, executed April 2,

1995, 2:6-11, 2:17-21; Exhibit

6(A), Sworn Statement, pp 1,2,

¶¶ 3-7; Ex. 7, pp. 1-3, ¶¶ 6-

12, p. 4, ¶ 16; Exhibit 7, §

"General Report on Scientology

- Declaration of Jonathan

Caven-Atack," p. 1, ¶2, pp.

12-16, ¶¶68-90; Exhibit 7(A)

Booklet "Total Freedom Trap:

Scientology, Dianetics and L.

Ron Hubbard, by Jon Atack,

Theta Communications, Ltd.,

1992, pp. 18,19, 28; Exhibit

7(B), Scientology Booklet

"Anatomy of a Propagandist"

Theta Communications

International, undated. pp. 1-

end; Exhibit 8, Declaration of

Nancy McLean in Opposition to

Motions for Summary

Adjudication of 20th Cause of

Action; and 13th, 16th, 17th &

19th Causes of Action of

Second Amended Complaint, and

Authenticating Exhibits,

executed April 5, 1995, 1:17-

3:6; Ex.1(L), pp. 1-5; Ex.

 

 

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[CT 8506]

   

1(M), pp. 1-3.

 

ISSUE NO. III

Armstrong's Claim: The settlement agreement is unfair,

unreasonable, unconscionable and cannot be specifically performed.

Armstrong incorporates herein his Disputed Facts,

Additional Facts and Evidentiary Support Nos. 1-108, supra.

 

109. Scientology's

interpretation of the

settlement agreement is that

it can say whatever it wants

to anyone in any form at any

time about Armstrong and that

he has no right to respond.

 

109. Ex. 1, 15:1-3; Ex.

1(B)(F), Declaration of

Lawrence Heller executed March

27, 1989 and filed in Corydon,

supra.,34:26-35-13;

Scientology's motions for

summary adjudication of 20th

cause of action, and 13th,

16th, 17th and 19th causes of

action of second amended

complaint filed herein.

 

110. Armstrong has been "fair

game" since 1982.

 

110. Ex. 1(A)(A), 5:3-19; 7:9-

12:9; Ex. 1(A) (A) Appendix,

13:4-15:3; Ex. 1(B), pp. 17,

18, ¶ 27; Ex. 1(C), at 920,

921, 925; Exhibit 1(I)(U),

Deposition testimony herein

July 11 and July 26, 1994 of

Lynn Farny ("Farny") Secretary

 

 

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[CT 8507]

   

and corporate representative

of plaintiff CSI, at 250:24-

251:6; Ex. 1(I)(AA); Ex.

1(I)(BB); Ex. 1(I) (CC),

"Suppressive Persons and

Suppressive Groups List, Flag

Executive Directive" dated

July 25, 1992, (alphabetical

list). Armstrong specifically

repeats and includes herein

his evidence in additional

facts Nos. 105 and 107, supra.

 

111. Armstrong's cross-

complaint against Scientology

for fraud and years of fair

game attacks was set in

December, 1986 to go to trial

in March, 1987.

 

 

111. Ex. 1(A) p. ¶ 1; Ex.

1(A) (A), 12:10-16; Exhibit

1(A)(B) Opinion of California

Court of Appeal dated December

18, 1986 in Scientology v.

Armstrong, Case No. B005912,

at 13; Ex. 1(G), 11:7-10; Ex.

1(H), p. 18, ¶17.

 

112. Armstrong agreed, in

exchange for monetary payment,

Scientology's cessation of

fair game against him and

others and its release of him

from all acts and claims, to

dismiss his cross-complaint

 

112. Plaintiff's Evidence,

Exhibit A, p. 1-6, ¶¶ 1-6C;

Ex. 1, 9:1-25; Ex. 1(B), p. 4,

¶9, p. 5, ¶11, pp. 17, 18, ¶¶

27; Ex. 1(A)(D), declaration

of Lawrence E. Heller, 8:27-

9:16; Ex. 1(G), 9:25-10:4,

 

 

Page97. ARMSTRONG'S SEPARATE STATEMENT RE SUMMARY JUDGMENT

   

 

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[CT 8508]

and release Scientology for

all its acts and claims up to

the date of settlement.

Nowhere in the agreement does

it state that Armstrong

released Scientology from

future acts, that Scientology

may say or publish whatever it

wants about him, nor that he

waived any right to respond to

any such statement.

 

 

11:15-17; Ex. 1(S), and

declaration thereto, 5:10-22.

113. The settlement agreement,

however, specifically states

that Armstrong waived his

right to respond in any appeal

Scientology might take from

the 1984 decision in his case

by Judge Breckenridge.

 

 

113. Plaintiff's Evidence,

Exhibit A, pp. 4,5, ¶¶ 4A, 4B.

114. In spite of that specific

waiver, the Court of Appeal

granted Armstrong's petition

to respond, which was based in

part on his assertion that

being held by contract from

not responding worked a fraud

upon the Court.

 

114. Ex. 1(A)(P).

 

 

Page98. ARMSTRONG'S SEPARATE STATEMENT RE SUMMARY JUDGMENT

   

 

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[CT 8509]

115. The Court of Appeal also

granted Armstrong's petition

to respond in the appeal

Scientology had taken from the

unsealing of the Armstrong

court file, which petition was

based in part on his assertion

that being held by contract

from not responding worked a

fraud upon the Court, and on

the acts of fair game

perpetrated against him by

Scientology after the 1986

settlement.

 

 

115. Ex. 1(A)(Q); Ex. B, and

all exhibits thereto; Ex. C.

116. Flynn advised Armstrong

that what Scientology was

paying him for in the

settlement was his dismissal

of his cross-complaint and his

release of Scientology for all

its prior acts.

 

 

116. Ex. 1(B), p. 3, ¶7;

Plaintiff's Evidence, Exhibit

A, ¶¶ 1,4,5,6,8; Ex. 1(G),

8:28-9:5.

117. Armstrong never agreed

to permit Scientology to

continue fair game, to be

himself a punching bag, or a

willing victim, to be a tool

of Scientology's obstruction

 

117. Ex. 1, 14:28-15:10; Ex.

1(A), p. 7, ¶ 14, p. 22, ¶ 46;

Ex. 1(B), pp. 17, 18, ¶27; Ex.

1(H), p. 18, ¶ 17.

 

 

Page99. ARMSTRONG'S SEPARATE STATEMENT RE SUMMARY JUDGMENT

   

 

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[CT 8510]

of justice or its suppression

of our brothers; and would

never agree to such a

condition for any amount of

money.

 

   

118. Other people who

understand Scientology's fair

game philosophy and practices

also view Scientology's

interpretation of the

settlement agreement

unconscionable.

 

 

118. Ex. 9, 4:4-5:13; Ex. 2,

17:13-26; Ex. 3, 3:20-4:8; Ex. 4,

3:9-17; Ex. 5, 1:21-3; Ex.

6, 1:23-4:6; Ex, p. 3, ¶¶ 12-

16.

119. Nancy McLean and Margery

Wakefield, view the way

Scientology is using the

settlement agreements as so

unconscionable that they have

risked court orders and prison

to continue to speak out

against Scientology's

antisocial practices.

 

 

119. Ex. 1, 24:5-24;

Ex. 4, 2:25-17; Ex. 4(B); Ex. 8,

2:22-25.

120. On December 23, 1991, at

the hearing of a motion

brought by Scientology in the

original Armstrong case to

enforce the settlement

 

120. Exhibit 1(Y), Partial

transcript of proceedings,

December 23, 1991, in

Scientology v. Armstrong, Los

Angeles Superior Court No. C

 

 

Page100. ARMSTRONG'S SEPARATE STATEMENT RE SUMMARY JUDGMENT

   

 

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[CT 8511]

agreement, Los Angeles

Superior Court Judge Bruce R.

Geernaert, stated regarding

the agreement:

"So my belief is Judge

Breckenridge, being a very

careful judge....if he had

been presented that whole

agreement and if he had been

asked to order its

performance, he would have dug

his feet in because that is

one .... I'll say one of the

most ambiguous, one-sided

agreements I have ever read.

And I would not have ordered

the enforcement of hardly any

of the terms if I had been

asked to, even on the threat

that, okay the case is not

settled. ¶ I know we like to

settle cases. But we don't

like to settle cases and, in

effect, prostrate the court

system into making an order

which is not fair or in the

public interest."

 

  420153, at 52:5:19.

121. On February 19, 1992,

 

121. Exhibit 1(V), Letter from

 

 

Page101. ARMSTRONG'S SEPARATE STATEMENT RE SUMMARY JUDGMENT

   

 

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[CT 8512]

fifteen days after Scientology

filed the instant case,

Armstrong's attorney Ford

Greene wrote to Scientology

attorney Laurie Bartilson and

requested that Scientology

release Armstrong's attorneys

Michael Flynn, Bruce Bunch and

Julia Dragojevic from any

contract by Scientology which

prohibited them from providing

Armstrong with a declaration

or otherwise assisting him in

this case.

 

 

Ford Greene to Laurie

Bartilson dated February 19, 1992.

122. On February 24, 1992,

Greene wrote to Bartilson and

requested that Scientology

release other settling

parties, specifically, Nancy

Dincalci, Kima Douglas,

Michael Douglas, Robert

Dardano, Warren Friske,

William Franks, Laurel

Sullivan, Edward Walters,

Howard Schomer, Martin

Samuels, Julie Christopherson,

Nancy McLean, Tonja Burden,

Gabe Cazares and Margery

 

122. Exhibit 1(W), Letter from

Ford Greene to Laurie

Bartilson dated February 24,

1992.

 

 

Page102. ARMSTRONG'S SEPARATE STATEMENT RE SUMMARY JUDGMENT

   

 

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[CT 8513]

Wakefield, from any contract

by Scientology which

prohibited them from providing

Armstrong with a declaration

or otherwise assisting him in

this case.

 

   

123. On March 3, 1992

Bartilson wrote to Greene,

refusing to release

Armstrong's attorneys or other

settling parties. Scientology

has refused throughout this

litigation to release either

Armstrong's attorneys or the

settling parties from any

contracts by which they are

prohibited from assisting

Armstrong.

 

 

123. Exhibit 1(X), Letter from

Laurie Bartilson to Ford

Greene dated March 2, 1992.

124. Flynn recently told

Armstrong that if he were free

to do so he would testify that:

Scientology prior to and

during the time he was

involved in litigation used

the legal system and force

against perceived critics and

 

124. Ex. 1(S), 4:26-6:23.

 

 

Page103. ARMSTRONG'S SEPARATE STATEMENT RE SUMMARY JUDGMENT

   

 

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[CT 8514]

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;" 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; that, but for

Scientology's promise that it

was giving up all fair game

practices, he would never have

agreed to sign, nor had

Armstrong or any other client

agree to sign, Scientology's

settlement documents; that the

depth of his and Armstrong's

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; that intrinsic to the

agreement was the recognition

   
 

 

Page104. ARMSTRONG'S SEPARATE STATEMENT RE SUMMARY JUDGMENT

   

 

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[CT 8515]

that the Armstrong cross-

complaint was about to go to

trial, that Scientology had

substantial liability therein,

and 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; 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; that

there were no negotiations

concerning the liquidated

damages condition of the

settlement agreement; that

there were no negotiations

involving Armstrong; that he

believed that, despite

   
 

 

Page105. ARMSTRONG'S SEPARATE STATEMENT RE SUMMARY JUDGMENT

   

 

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[CT 8516]

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;

that the bargaining power of

the parties was completely

lopsided in Scientology's

favor; that there was supposed

to be a "clean slate," after

the settlement; and, that if

Scientology published anything

about Armstrong after the

settlement Armstrong was not

prohibited from responding to

such post-settlement

statements.

 

   

125. On April 6, 1995,

Armstrong applied to Judge

Gary W. Thomas ex parte for an

order releasing Flynn from the

contract by which Scientology

prohibited him from helping

Armstrong. Scientology opposed

Armstrong's application and

 

125. Ex. 1(S).

 

 

Page106. ARMSTRONG'S SEPARATE STATEMENT RE SUMMARY JUDGMENT

   

 

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[CT 8517]

Judge Thomas denied it.

 

   

ISSUE IV

Armstrong's Claim: Scientology's hands are unclean in this

transaction and Scientology is therefore barred from obtaining the

relief it seeks.

Armstrong incorporates herein his Disputed Facts, Additional

Facts and Evidentiary Support Nos. 1-125, supra.

 

126. In his decision after the

1984 trial in the Armstrong

case Judge Breckenridge ruled

that Scientology did not have

"clean hands," with respect to

Armstrong as a result of its

"suppressive person" declares

and the fair game actions

which followed.

 

 

126. Ex. 1(A), 1:25-28.

127. This decision was

affirmed in its totality by

the Court of Appeal in 1991,

which also noted that the

"declares" subjected Armstrong

to,the "Fair Game Doctrine,"

"which permits a suppressive

person to be "tricked, sued or

lied to or destroyed...[or]

deprived of property or

 

127. Ex. 1(C).

 

 

Page107. ARMSTRONG'S SEPARATE STATEMENT RE SUMMARY JUDGMENT

   

 

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[CT 8518]

injured by any means by any

Scientologist."

 

   

128. Following the

Breckenridge decision,

Scientology continued to

subject Armstrong to fair

game.

 

128. Ex. 1, 5:5-6:19; Ex.

1(G), 6:13-7:7; Ex. 1(G)(M);

Ex. 1(G)(N); Ex. 1(G)(0); Ex.

1(B), p. 1, ¶ 2; Ex. 1(B)(O),

3:15-8:16; Ex. 1(B)(P), 6:4-

11:12.

 

129. Scientology subjected

Armstrong's attorney Michael

Flynn to fair game.

 

129. Ex. 1, 6:20-7:7; Ex.

1(G), 9:6-24; Ex. 1(B), p. 1,

¶ 2, pp. 3,4,5 ¶8, ¶11; Ex.

1(B)(O), pp. 60-74; Ex. 1(H),

pp. 8,9, ¶ 12; Exhibit 7, p.

4, ¶16; Ex. 1(G)(L), pp. 4,5,

(5); Ex. 1(G)(M); Ex. 1(G)(N);

Ex. 1(G)(O).

 

130. Scientology promised to

discontinue fair game against

Armstrong and others as an

inducement for settlement;

then reneged on that promise

and have continued fair game

against Armstrong since the

settlement.

 

130. Ex. 1, 9:1-15; Ex. 1(B),

p. 4, ¶9, p. 5, ¶11, pp. 17,

18, ¶¶ 27; Ex. 1(G), 9:25-

10:4, 11:15-17; Exhibit 1(S),

5:10-22. Armstrong

specifically repeats and

includes herein his evidence

in additional facts Nos. 105

and 107, supra.

 

 

Page108. ARMSTRONG'S SEPARATE STATEMENT RE SUMMARY JUDGMENT

   

 

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[CT 8519]

131. Prior to Armstrong

speaking publicly about his

experiences in Scientology,

Scientology engaged him in

public controversy by

publishing and disseminating

its own versions of his

experiences, and has continued

thereafter to publish and

disseminate its versions of

his experiences.

 

 

131. Armstrong specifically

repeats and includes herein

his evidence in additional

facts Nos. 105 and 107, supra.

ISSUE V

Armstrong's Claim: The settlement agreement and Scientology's

enforcement thereof are obstructive of justice.

Armstrong incorporates herein his Disputed Facts, Additional

Facts and Evidentiary Support Nos. 1-131, supra.

 

132. Scientology claims that

by the settlement it was free

to comment upon Armstrong's

statements, and that Armstrong

could not respond to

Scientology's post-settlement

comments.

 

132. Ex. 1, 15:1-3; Ex.

1(B)(F), 34:26-35-13;

Scientology's motions for

summary adjudication of 20th

cause of action, and 13th,

16th, 17th and 19th causes of

action of second amended

complaint filed herein.

 

133. Scientology characterized

 

133. Ex. 1(B)(E),

 

 

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[CT 8520]

Armstrong's statements, which

it claims it is free to

comment on, as "often bizarre

allegations."

 

Scientology's Opposition of

Defendants to Motion for an

Order Directing Non-

Interference with Witnesses

and Disqualification of

Counsel, filed March 27, 1990

in Corydon, supra, 14:25-15:1.

 

134. Lawrence Heller testified

that "[a]t the time of the

Armstrong settlement,

information from Mr. Armstrong

was being used in a number of

cases around the world."

 

 

134. Ex. 1(B)(F), 35:2-4.

135. Scientology staff member

Kenneth Long stated in a

declaration executed January

19, 1995 that prior to

December, 1986, Armstrong had

testified in 15 cases a total

of 28 trial days, had been

deposed for 19 days, and had

executed 28 declarations in 15

cases all of which concerned

Scientology and its related

entities.

 

 

135. Exhibit 1(BB),

Declaration of Kenneth D. Long

in support of plaintiff's

reply in support of motion for

summary adjudication of the

fourth, sixth and eleventh

causes of action of

plaintiff's second amended

complaint, filed herein

January 20 1995, 1:24-28.

136. In the same declaration

 

136. Ex. 1(BB), 1:20:22.

 

 

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[CT 8521]

Long describes Armstrong as,

inter alia, "an anti-Church

litigant and a professional

witness against the Church in

other litigation" and "a

paralegal who worked

extensively on anti-Church

cases."

 

   

137. In Armstrong's expert

opinion, "[t]he whole set of

"settlement agreements," which

are commonly known as the

"Flynn agreements," are unfair

to anyone who litigates either

as a defendant or plaintiff

against Scientology, since

these agreements remove

knowledgeable witnesses from

the legal arena and drive up

litigation costs. The

"agreements" are also unfair

to the public because they

allow Scientology's leaders to

rewrite history, lie about

judicially credited

information, attack the

sources of that information

without response, and convey

 

137. Ex. 1, 15:10-20.

 

 

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[CT 8522]

the idea that it is futile to

speak the truth or oppose

their tyranny. These

"agreements" obstruct

justice."

 

   

ISSUE VI

Armstrong's Claim: All of Armstrong's experiences concerning

which Scientology seeks to silence him are religious in nature and

the silencing of the expression of such experiences by court order

is completely barred by the First Amendment to the United States

Constitution.

Armstrong incorporates herein his Disputed Facts, Additional

Facts and Evidentiary Support Nos. 1-137, supra.

 

138. Scientology claims to be

a religion.

 

 

138. Plaintiff's Evidence:

Request for Judicial Notice,

Exhibit A, face. All papers

filed by Scientology herein.

 

139. Scientology claims in its

By-Laws to be "an association

of persons having incorporated

exclusively for religious

purposes under the laws of the

State of California as the

same relate to Nonprofit

Religious Corporations."

 

 

139. Exhibit 1(CC), Revised

By- Laws of Church of

Scientology International. p.

1, preamble.

 

 

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[CT 8523]

140. In its By-Laws

Scientology defines "Religion

of Scientology" and

"Scientology" as "the

religious doctrines, beliefs,

tenets, practices, applied

religious philosophy and

technology for its application

as developed by L. Ron Hubbard

and as the same may hereafter

be developed by L. Ron

Hubbard."

 

 

140. Ex. 1(CC), p. 3, ¶ c.

141. In its By-Laws

Scientology defines

"Scriptures" as "the writings

and recorded spoken words of

L. Ron Hubbard with respect to

Scientology and organizations

formed for the purposes

thereof."

 

 

141. Ex. 1(CC), p. 3, ¶ d.

142. Scientology's By-Laws

state that the purposes of "a

Church of Scientology:" "The

corporation shall espouse,

present, propagate, practice,

ensure and maintain the purity

and integrity of, the religion

 

142. Ex. 1(CC), p. 4, Article

III.

 

 

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[CT 8524]

of Scientology, as the same

has been developed and may

further be developed by L. Ron

Hubbard."

 

   

143. Scientology's By-Laws

state that the purposes of its

"religious orders" shall be

the carrying out of the

religious and administrative

activities of [Scientology],"

the "supervision of

ecclesiastical affairs of

other churches of

Scientology."

 

 

143. Ex. 1(CC), p. 28, § 3.

144. Armstrong was a member of

Scientology's "religious

order," the Sea Organization,

members of which sign a

billion year contract, from

1971 through 1981, the period

of almost all of his

significant experiences about

which Scientology seeks to

silence him.

 

 

144. Ex. 1, 27:23-27.

145. Armstrong believes that

his experiences in Scientology

 

145. Ex. 1, 27:10-13.

 

 

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[CT 8525]

are religious, indeed sacred,

because they were created and

motivated by God for His

Glory.

 

   

146. Armstrong believes that

through God's Grace and Wisdom

he came to see that the faith

he put in Hubbard, and in his

philosophy, mental "science"

and organizational policies,

throughout his Scientology

years was misplaced. He came

to see that despite that

misplaced faith, God never

deserted him, that God was

with him, keeping him safe

every moment. Armstrong

believes that throughout his

Scientology years, through

abuse, danger, and betrayal,

He kept his heart from being

hardened beyond salvation.

Armstrong believes that God

kept him from being completely

taken over by Scientology

through all the years of

indoctrination, mind control,

"ethics," threat and

 

146. Ex. 1, 2:28-3:23.

 

 

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[CT 8526]

punishment, and through the

more than a thousand hours of

"auditing." Armstrong

believes that when Hubbard

assigned him twice to the

Rehabilitation Project Force

(RPF), Scientology's prison,

for a total of twenty-five

months, when Hubbard had

his messengers order Armstrong's

wife to leave him, when he was

ordered security checked for

questioning Hubbard's

truthfulness, God brought him

through safely, made him

stronger and wiser, and kept

his heart from hardening.

Armstrong believes that he was

so deeply involved with

Scientology, so devoted to an

ungodly man and his ungodly

teaching, only God's Own

leading him, through His

mysterious way, could have

saved him. Armstrong believes

that God led him into the

Hubbard archive and biography

project, brought him to study

the Hubbard's secret papers

   
 

 

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13

14

15

16

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18

19

20

21

22

23

24

25

26

27

28

 

[CT 8527]

and document his duplicity,

and freed Armstrong's faith

from Scientology, on which it

had been misplaced.

 

   

147. Armstrong believes that

in his post-Scientology

period, when first in the

outside world, confused and

afraid, God took him in His

Hands for particular care and

teaching. Armstrong believes

that when Scientology's

leaders sent hired private

investigators to spy on him

and his wife, and to terrorize

them, God kept him,

emotionally intact. Armstrong

believes that at the first

hearing in his case in 1982,

God somehow put into his hands

a tiny tract of Bible quotes

which he held and put his

heart on as fear gripped at

him. Throughout the 1984

trial, where Armstrong was on

the stand for about ten days,

he depended on the Twenty-

third Psalm to calm his mind

 

147. Ex. 1, 4:5-5:1.

 

 

Page117. ARMSTRONG'S SEPARATE STATEMENT RE SUMMARY JUDGMENT

   

 

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[CT 8528]

and heart.

 

   

148. Armstrong believes that

for His Purposes God allowed

him to be terrorized by

Scientology agents, his car

broken into, his drawings and

writings stolen, other

writings and ideas of his

perverted and held up to

ridicule. Armstrong believes

that God allowed Scientology's

leaders to become intoxicated

by their own lies so that they

would try time after time to

have Armstrong jailed on their

false and manufactured

criminal charges. Armstrong

believes that God allowed the

self-deception of

Scientology's leaders, so that

they concocted a perverse

intelligence scheme to entrap

Armstrong in a crime and have

him prosecuted. Armstrong

believes that God allowed

Scientology's leaders to put

their faith in a base private

investigator, Eugene Ingram,

 

148. Ex. 1, 5:14-6:1.

 

 

Page118. ARMSTRONG'S SEPARATE STATEMENT RE SUMMARY JUDGMENT

   

 

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[CT 8529]

whom they would use to

illegally videotape Armstrong,

and who threatened to put a

bullet between Armstrong's

eyes. Armstrong believes that

God allowed the heart of a

Los Angeles Police Department

Officer, Philip Rodriguez, to

be tempted by greed, and paid

for a false authorization to

Scientology to illegally

videotape Armstrong.

Armstrong believes that God

allowed Armstrong's friend Dan

Sherman to use their

friendship to betray

Armstrong, to lead him with

kind words into danger, to set

him up, to trick from him his

thoughts and writings, and to

break his heart.

 

   

149. Armstrong believes that

God allowed Scientology's

leaders to attack Michael

Flynn, Armstrong's attorney,

good friend, benefactor and

champion in the legal battle.

Armstrong believes that God

 

149. Ex. 1, 6:20-7:3.

 

 

Page119. ARMSTRONG'S SEPARATE STATEMENT RE SUMMARY JUDGMENT

   

 

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[CT 8530]

allowed Scientology to

sue Flynn some fifteen times, to

threaten him, his family and

career, to frame him with

forgery, to pay known

criminals to bear false

witness against him, and to

attempt his assassination.

Armstrong believes that God

allowed Scientology's leaders

to think they could destroy

Flynn with their "black

propaganda," "dead agent"

packs, "noisy investigations,"

and the compromise and turning

of other clients. Scientology

worked for seven years to

achieve this destruction.

Armstrong believes that God

brought him to Flynn, and

Flynn to Armstrong, and

brought them to fight

alongside each other in a

legal and spiritual battle

against the threat and evil of

Hubbard and his organization

from 1982 through 1986.

 

   

150. Armstrong believes

 

150. Ex. 1, 7:8:15.

 

 

Page120. ARMSTRONG'S SEPARATE STATEMENT RE SUMMARY JUDGMENT

   

 

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[CT 8531]

that during the years of the

Scientology battle he was

brought by God ever closer to

Him. Armstrong believes that

when he was alone, at times in

terrible fear, God kept him

safe, and allowed his heart

to break, over and over.

Armstrong believes that God

spoke to him, and that at

times, as early as 1983, he

wrote God's Words under His

guidance in what seemed to be

dialogues. Armstrong believes

that God gave him the idea for

the true protection of His

Children in this world, and

moved Armstrong in 1986 to

found a church based on this

concept for His Glory.

 

   

151. Armstrong believes that,

at a time when Scientology

faced tremendous exposure and

liability in Armstrong's

cross-complaint for years of

outrageous fair game attacks,

and had just suffered a

$30,000,000 verdict in the

 

151. Ex. 1, 7:24-8:13.

 

 

Page121. ARMSTRONG'S SEPARATE STATEMENT RE SUMMARY JUDGMENT

   

 

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[CT 8532]

case of Lawrence Wollersheim

v. Scientology, Los Angeles

Superior Court No. C 332027,

God, for His Glory, allowed

Flynn to lose heart. Flynn

"negotiated" a deal with

Scientology which involved

getting his clients to agree

to the organization's demanded

contractual condition of

silence about their

"experiences," while not

demanding the same protection

for his clients. Many of

these clients had been the

target of Scientology's "black

propaganda" campaigns. He

also agreed to get his clients

to agree to a "liquidated

damages" penalty of $50,000

per comment about their

experiences. Flynn did this

while believing, and having

ample experience to justify

believing, that the settlement

agreements were evil, as was

the entity which was insisting

on the "agreements" being

signed as a condition of

   
 

 

Page122. ARMSTRONG'S SEPARATE STATEMENT RE SUMMARY JUDGMENT

   

 

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26

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[CT 8533]

settlement. Flynn knew

Scientology's word was not to

be trusted, yet he conveyed

and gave support to

Scientology's "promise" that

it was going to discontinue

fair game.

 

   

152. Armstrong believes that

God allowed Scientology to

harass, threaten and

compromise Flynn, and allowed

Flynn to be persecuted and

compromised, for His Purpose

to His Own Glory. Armstrong

believes that God allowed

Flynn to state to Armstrong,

when Armstrong protested the

impossibility of the

settlement agreement and the

insanity of the liquidated

damages clause, "Gerry, it's

not worth the paper it's

printed on. It's

unenforceable. You can't

contract away your

Constitutional rights."

Armstrong believes that God

allowed Flynn to point out to

 

152. Ex. 1, 8:14-28.

 

 

Page123. ARMSTRONG'S SEPARATE STATEMENT RE SUMMARY JUDGMENT

   

 

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25

26

27

28

 

[CT 8534]

Armstrong his release of

Scientology and Armstrong's

dismissal of his lawsuit, and

allowed Flynn to say, "That's

what they're paying you for."

 

   

153. Armstrong believes that

God made him aware of His

Spirit during the "settlement"

when he was rejected from Mike

Flynn's heart. Armstrong

believes that God showed him a

glimpse of the future at that

moment; that he might be left

alone, that he might be

persecuted, but that he should

not fear; and that he should

at that time give everyone

involved what they wanted,

what they thought they needed

to be free. Because of

Flynn's promise of the

agreement's unenforceability,

Armstrong's desire to end the

threat if possible for

everyone, Scientology's

promise to end fair game, and

what he believed was God's

Assurance, Armstrong did sign.

 

153. Ex. 1, 9:16-25.

 

 

Page124. ARMSTRONG'S SEPARATE STATEMENT RE SUMMARY JUDGMENT

   

 

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[CT 8535]

154. Armstrong believes that

after the "settlement," God

gave him a time of some quiet

and joy to write, draw, get

strong after years of

deteriorating health, to hang

out with friends, and to be

drawn ever closer to Him.

Armstrong believes that in

1987 God chose him and came to

him in the undeniable Physical

Substance of His Love, and

gave Armstrong a greater view

of his future role in God's

Plan. Armstrong believes that

in 1988 God brought him to

offer his life in exchange for

the captives then held in

Lebanon. Armstrong believes

that God schooled him in the

understanding of His Nature

and set Armstrong on the path

to become by 1989 one of His

Teachers. Armstrong believes

that in 1989 God also gave

him an understanding of the

valuelessness of money, and a

glimpse of God's solution for

the grinding cruelty of the

 

154. Ex. 1, 9:26-10:11; Ex.

1(H), p. 38, ¶ 28, pp. 39-41,

¶ 30; Exhibit 1(H)(X),

Advertisements by Gerald

Armstrong in "Common Ground,"

in 1989; Exhibit 1(H)(R)(CC),

Letter from Gerald Armstrong

to Jonathan Marshall dated

July 28, 1987; letter from

Gerald Armstrong to "Dear

Captors" dated July 28, 1987;

Exhibit 1(H)(R)(DD), Writing

by Gerald Armstrong dated

December 31, 1987;

1(H)(R)(EE),"Margaret,"

drawing by Gerald Armstrong;

1(H)(R)(FF),"Mitzi," drawing

by Gerald Armstrong;Exhibit

1(H)(S), Letter from Gerald

Armstrong to Jonathan Marshall

dated October 14, 1989 with

article "A Crash Course in

Speculation."

 

 

Page125. ARMSTRONG'S SEPARATE STATEMENT RE SUMMARY JUDGMENT

   

 

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[CT 8536]

world's economic system.

Armstrong believes that God

brought to him a glory of

four-leaf clovers. Armstrong

believes that God showed

Armstrong that through his

life God could bring to the

world the mathematical proof

of His guidance. Armstrong

believes that God moved him to

run like the wind, and to pick

up the world's trash, all for

His Glory.

 

   

155. Armstrong believes that

during the post-settlement

years, God also allowed the

hearts of Scientology's

leaders to grow ever harder

and to manifest in attack

after attack on Armstrong's

character and credibility. It

became clear, and saddened

Armstrong greatly, that these

leaders had not stopped "fair

game," but were using the

cessation of the litigation by

Flynn and his clients as an

opportunity to continue their

 

155. Ex. 1, 10:12-11:20.

 

 

Page126. ARMSTRONG'S SEPARATE STATEMENT RE SUMMARY JUDGMENT

   

 

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[CT 8537]

antisocial practices

unchecked. Armstrong believes

that God allowed his heart to

be broken by each attack and

the daily knowledge that

Scientology had not ceased

fair game, yet God kept

Armstrong from responding with

anything other than sadness

for almost three years. Then,

in the fall of 1989, Armstrong

was served with a deposition

subpoena by the attorney for

Bent Corydon in the case of

Corydon v. Scientology, Los

Angeles Superior Court No.

C694401. Following this

Armstrong received a series of

calls from Scientology

attorney Lawrence Heller who

threatened that, even pursuant

to this subpoena, if Armstrong

testified about his knowledge

of Hubbard and Scientology he

would be sued. Armstrong was

deeply troubled by Heller's

threats, the idea of

succumbing to those threats,

and the injustice and evil the

   
 

 

Page127. ARMSTRONG'S SEPARATE STATEMENT RE SUMMARY JUDGMENT

   

 

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[CT 8538]

settlement agreements had

spawned. Armstrong believes

that God brought him at that

time to a determination to do

what he could to bring to

light and correct that

injustice and evil. When

Armstrong began to research

his rights, responsibilities

and how to proceed, he learned

that through the intervening

five years Scientology had

been able to maintain an

appeal, Scientology v.

Armstrong, No. B025920, from

the 1984 Breckenridge

decision, and Armstrong's

first actions concerned that

appeal.

 

   

156. Around March 12 and

continuing for about two weeks

Armstrong experienced what he

believes was both his

spiritual death and his

rebirth, brought on him by

God. Armstrong believes that

God showed him the nature of

the evil that he had been

 

156. Ex. 1, 24:25-25:14.

 

 

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[CT 8539]

chosen by God to oppose, and

God showed him the spiritual

battle with that evil.

Armstrong believes that God

showed him that persecution

must be endured for His Cause,

and God assured Armstrong that

He would never leave him. God

showed Armstrong the souls he

fought for, and why God chose

him to fight through all those

years. Armstrong believes

that God brought him to

surrender his battle to Him

that His Will be done, for

unless God does it Armstrong

hasn't got a prayer.

Armstrong believes that he

will run whatever race God

calls him to run as fast and

as far as God moves him.

Armstrong believes that

sometimes God will appear to

lose the race on earth to win

it in Heaven.

 

   

ISSUE VII

Armstrong's Claim: All of Armstrong's activities which

Scientology claims are violations of the subject agreement are

 

 

Page129. ARMSTRONG'S SEPARATE STATEMENT RE SUMMARY JUDGMENT

   

 

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[CT 8540]

religiously motivated and completely protected by the First

Amendment, and the Religious Freedom Restoration Act of 1993.

Armstrong incorporates herein his Disputed Facts, Additional

Facts and Evidentiary Support Nos. 1-156, supra.

 

157. Armstrong is a Christian.

 

157. Ex. 1, 1:22, 1:23-30:31;

Ex. 1(H), pp. 30-32, ¶ 25, p.

42, ¶ 33, pp. 52, ¶ 43; Ex.

1(J), 1:18-28, 3:14-27; Ex.

1(J)(C), Declaration of

Michael Rinder executed

October 27, 1994, and filed in

Scientology v. Steven Fishman

& Uwe Geertz, US District

Court for the Central District

of California No. 91-6426-HLH

(Tx), at 11:9-11;

Scientology's Evidence, Ex.

1Q, letter of Gerald Armstrong

dated December 22, 1992, at p.

9; Scientology's Evidence, Ex.

1O, letter of Gerald Armstrong

dated June 21, 1991;

Scientology's Evidence, Ex.

1N, Declaration of Gerald

Armstrong executed July, 1991,

at pp. 7-9, ¶¶ 6,7.

 

158. Armstrong believes that

 

158. Ex. 1, 1:24-2:4.

 

 

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[CT 8541]

his life, in every moment and

breath, is God's and in God's

Hands. Armstrong believes

that he has been saved from

eternal separation and hell to

become a son of God by God's

Grace alone, and drawn by God

to trust and follow His Son

Jesus Christ as his Lord and

Savior. Armstrong believes he

has been filled with God's

Holy Spirit, and given by Him

all peace, wisdom and love.

Armstrong believes that he has

been saved for God's Purposes

to His Glory. Armstrong

believes that God's Purpose

for him and all the world is

salvation. Armstrong believes

that the only difference of

any meaning at any time

between him and anyone else on

earth is this belief in God's

Plan for salvation.

 

   

159. Armstrong believes that

as a Christian and as a son of

God he has been led and will

be led into all of his life's

 

159. Ex. 1, 2:5-10.

 

 

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[CT 8542]

situations and to all of the

people he has encountered and

will encounter for God's

Purposes alone. Armstrong

believes that from God come

all things, including the

trust in Him, the willingness

to believe on Him, free will,

peace, wisdom and love.

 

   

160. Scientology professes in

its public promotions and

publications to be compatible

with Christianity.

 

 

160. Ex. 1, 2:22-28, 25:15-23;

Ex. 2, 12:23-13:15, 15:5-8;

Ex. 5, 2:4-8; Ex. 6, 3:17-20.

161. Scientology states in its

"catechism," published in 1992

in its promotional book What

is Scientology?,

"Scientologists

hold the Bible as a

holy work and have

no argument with the

Christian belief

that Jesus Christ

was the Savior of

Mankind and the Son

of God...¶There are

probably many types

 

161. Ex. 1, 25:16-23.

 

 

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[CT 8543]

of redemption. That

of Christ was to

heaven."

 

   

162. In fact, however,

Scientology is anti-Christian.

 

162. Ex. 1, 25:15-26:24; Ex.

1(J), 2:1-23; Ex. 2, 13:16-

16:21; Ex. 3, 1:19-2:16; Ex.

4, 1:19-2:10; Ex. 4(A); Ex. 6,

3:20-4:2.

 

163. Once initiated into

Scientology, people are

secretly taught, and must

believe, that Christ, God and

Heaven are false ideas

"implanted" in humans by

electronic means to enslave

them.

 

 

163. Ex. 1, 25:24-26:24; Ex.

2, 13:16-16:21; Ex. 2(B),

"Routine 3 Heaven" Scientology

Bulletin by L. Ron Hubbard

dated May 11, 1963; Ex. 2(C),

"Resistive Cases Former

Therapy" Scientology Bulletin

by L. Ron Hubbard dated

September 23, 1968; Ex. 3,

1:19-2:15; Ex. 3(A); Ex. 3(B);

Ex. 4(A); Ex. 1(J)(A),

"Operating Thetan Section

III," by L. Ron Hubbard

(Handwritten and Typed

Versions) at Bates stamped

pages 700684, 700707.

 

164. Scientology secretly

teaches its initiated

 

164. Ex. 1, 25:24-26:24; Ex.

2, 13:16-16:21; Ex. 2(B); Ex.

 

 

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[CT 8544]

adherents that its "auditing"

procedures are the only way to

free mankind from "Christian"

slavery and the "Creator of

Heaven."

 

 

2(C); Ex. 3, 1:19-2:15; Ex.

3(A); Ex. 3(B); Ex. 4(A).

165. The main target of

Scientology's promotion and

marketing are Christians. The

largest percentage of

Scientology's members come

from Christian backgrounds.

The second largest percentage

comes from Judaism.

 

 

165. Ex. 1, 26:2-8.

166. Scientology enforces the

acceptance of its teachings

that Christ, God and Heaven

are false "implanted" ideas

with Scientology's system of

"ethics" punishments, its

"auditing procedures," and its

institutionalized mockery of

God and Christ. Anyone in

Scientology who professed a

belief in Christ, or God, or

who sought help through

prayer, was viewed and handled

as a "psychotic."

 

166. Ex. 1, 26:8-24; Ex. 2,

15:4-11; Ex. 3, 2:5-16.

 

 

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[CT 8545]

167. Jesus states at Mark

3:28,29:

"28 Verily I

say unto you. All

sins shall be

forgiven unto the

sons of men, and

blasphemies

wherewith soever

they shall

blaspheme:

29 But he

that shall blaspheme

against the Holy

Ghost hath never

forgiveness, but is

in danger of eternal

damnation."

 

167. Ex. 1, 26:25-27:5.

168. Armstrong believes that

when Hubbard asserts that

Christ and God are "implants,"

he blasphemes the Holy Spirit,

the one unforgivable sin.

 

 

168. Ex. 1, 27:6-8.

169. Armstrong believes that

people drawn into Scientology

and brought to adopt this

blasphemy are in grave

 

169. Ex. 1, 27:8-9.

 

 

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[CT 8546]

spiritual danger.

 

   

170. Armstrong believes that

Scientology is the clever

human invention of a clever

human who took his human

cleverness as far as it would

go for his own glorification.

Armstrong believes that God

used Armstrong to accomplish

part of God's Plan for

Scientology, Scientologists

and salvation. Armstrong

believes that it took someone

with a God-given history,

character and skills such as

He gave Armstrong to bring out

of Scientology, to the light,

and to the minds and hearts of

all those whom God sent to

listen, a testimony of the

character of Scientology's

product and "source."

Armstrong believes that God

continues to use him to

reflect the unworthiness and

bankruptcy of Hubbard's

attempt to create his own

salvation plan, against the

 

170. Ex. 1, 3:24-4:7.

 

 

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[CT 8547]

infallibility and peaceful

grandeur of God's Plan.

 

   

171. Margery Wakefield, who

also signed a "Flynn

agreement," believes that she

is saved by the Grace of God

through her faith in His Son

Jesus Christ. She believes

that she was called to speak

out concerning the illegal

practices of Scientology, its

mind control techniques, and

its anti- Christian nature and

teachings. Ms. Wakefield

recently wrote an essay

entitled "What Christians Need

To Know About Scientology."

She has been motivated in

speaking her thoughts based on

her knowledge and experiences

by the desire to reach the

minds of people who are in

Scientology and held by its

anti-Christian mind control

and pseudo-scientific dogma,

and the minds of people who

might be drawn into

Scientology by its

 

171. Ex. 4, 1:19-2:24.

 

 

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[CT 8548]

misrepresentations concerning

its intentions, practices and

religion. She believes that

it is every Christian's

motivation and desire to reach

the unsaved with the message

of the true gospel and a

warning about false teachers

like L. Ron Hubbard and false

gospels like Scientology. She

has felt that the right to

speak and teach in this way is

something that no court in

this country should nor can

take away. Ms. Wakefield

believes that under the US

Constitution she is free to

speak and cannot contract away

her right to speak about those

Scientology's "religious"

scriptures, practices and

experiences. She believes

that what she experienced in

Scientology was her own

religious experiences, and

what she experienced regarding

Scientology after leaving are

her own religious experiences,

about which she cannot be

   
 

 

Page138. ARMSTRONG'S SEPARATE STATEMENT RE SUMMARY JUDGMENT

   

 

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[CT 8549]

silenced.

 

   

172. Keith Scott has a

Christian ministry called the

Cults Awareness Ministry. A

vital aspect of his ministry

is to offer advice born of

experience to people who are

going in or thinking about

coming out of Scientology. He

does this work from a

Christian perspective, using

the strength and truths he has

gained through his faith in

Jesus Christ as his Lord and

Savior. Mr. Scott exposes the

untruths of Scientology and

explains the dangers to the

spiritual well-being and

future of people who follow

those untruths rather than the

truths of the Word of God. Mr.

Scott believes that he was

saved from the manipulation

and mind control of

Scientology by the Grace of

God recognized through his

faith in His Son, Jesus

Christ.

 

172. Ex. 5, 1:12-2:16.

 

 

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[CT 8550]

173. Other knowledgeable

people use the information

about Hubbard, his philosophy

and practices which Armstrong

brought to the light, to

educate and free the

misinformed.

 

 

173. Ex. 2, 8:27-9:20; pp.

8,9, ¶¶ 14,15; Ex. 3, 3:20-

4:8; Ex. 5, 1:4-2:4; Ex. 6,

4:3-6; Ex. 7, pp. 1,3, ¶¶

6,13; Ex. 9, 4:4-5:13.

174. Armstrong believes that

as Christ taught, and as a

child of God, Armstrong's

practice is forgiveness.

Armstrong believes that as all

that he has done has by Christ

been forgiven, Armstrong has

forgiven everything anyone has

ever done to me, every act or

thought of persecution.

Armstrong believes that what

he cannot forgive, however,

for he has not the power to

forgive it, is Hubbard's,

Scientology's leaders'

Scientologist's and anyone

else's blasphemy of God's Holy

Spirit.

 

 

174. Ex. 1, 29:13-19.

175. Armstrong believes that

 

175. Ex.1, 29:20-30:23.

 

 

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[CT 8551]

Scientologists will not

recognize their need for

forgiveness as long as they

blaspheme the Holy Spirit, and

they will persecute Armstrong

as long as they commit and

promote this blasphemy.

Armstrong asks them to stop.

Armstrong believes that when

Scientology persecutes the

"little ones," those who are

the least among us, those whom

Scientology's leaders call

"suppressive persons," "PTSes"

or "degraded beings"

Scientology persecutes Christ

Himself. Armstrong asks them

to stop this practice as well.

Armstrong believes that God

for His Purposes chose

Armstrong to be persecuted;

and to care and hurt when the

little ones are persecuted.

Armstrong cares what

Scientology does to him

because he believes

Scientology is doing it and

will do it to anyone else.

Armstrong believes that is to

   
 

 

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[CT 8552]

all of these who are

persecuted, and to all those

in Scientology, that God has

sent him. Armstrong believes

that we are in the end times,

and that God has sent His

messengers, teachers and

prophets onto His Elect,

wherever they are, in whatever

country, city, prison, church

or cult, to gather them onto

Himself. Armstrong believes

that God chose him to be

persecuted by Scientology's

leaders, using their

organization's tax-exempt

millions, and in violation of

the nation's Constitution, as

Apostles of old were

persecuted, and all God's

Disciples have been persecuted

throughout history. Armstrong

believes that this need not

be, for persecution can end in

no time and without downside.

Armstrong believes,

nevertheless, God allows and

uses the persecution of His

Children, His Messengers,

   
 

 

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[CT 8553]

Teachers and Prophets to prove

His great Mercy and Love and

the power of His marvelous

plan of salvation, both for

the persecutors and those

persecuted. Armstrong

believes that God knows which

souls He will reach through

Armstrong's words, story and

persecution. Armstrong

believes that they may be few;

nevertheless, God desires that

all should be saved.

 

   
Dated: September 16, 1995  

Respectfully submitted,

[signed]
Gerald Armstrong

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