COURT OF APPEAL, FIRST APPELLATE DISTRICT

CASE SCREENING FORM

This form should be submitted to the clerk of the Court of Appeal for transmittal to the
mediation program administrator. The form will not be entered in the court file. Attach
pertinent documents, e.g., any judgment, findings of fact, statement of decision, or
order appealed from. Attach additional pages if necessary.

Case Name: Church of Scientology Intl. v. Gerald Armstrong Case No: A107100 (MSC #CV021632)

Your Name: Andrew H. Wilson State Bar No.: 63209

Counsel for: Petitioner, Church of Scientology Intl.

Subject Matter (Check all that apply):
( ) Attorney's Fees ( ) Family Law ( ) Personal Injury
(x) Business/Contract ( ) Insurance ( ) Probate
( ) Construction ( ) Intellectual Property ( ) Professional Negligence
( ) Employment ( ) Medical Malpractice ( ) Real Estate
( ) Other (specify): ______________________________________________________

Number of Parties: 2 Date Notice of Appeal Filed: 7/15/04

Appellant: Church of Scientology Intl. Counsel: Andrew H. Wilson

Firm: Wilson Campilongo LLP

Address: 475 Gate 5 Rd. Ste. 212, Sausalito, CA 94965

Tel: 415/289/7100 FAX: 415/289-7110 E-mail: ahw@wilsoncampilongo.com

Respondent: Gerald Armstrong Counsel: Ford Greene

Firm: HUB Law Offices

Address: 7-11 Sir Francis Drake Blvd., San Anselmo, CA 94960

Tel: 415/258-0360 FAX: 415/456-5318 E-mail: ________________________

Cross-Appellant: _______________________ Counsel: ________________________

Firm: __________________________________________________________________

Address: _______________________________________________________________

Tel: ______________ FAX: ______________ E-mail: ________________________

Other Parties: ___ See Attachment.

Trial Court: Marin Superior Court Case No.: CV021632

Trial Judge: Hon. Lynn Duryee

The trial court judgment resulted from: __Jury Trial  x Court Trial __Summary Judgment __ Demurrer __ Dismissal __ Nonsuit __ Arbitration Award __Administrative Mandamus

__ Order (specify): _______________________________________________________

__ Other (specify): _______________________________________________________

Page 2

What was the judgment?: $500,000.

What was the last settlement demand? $ n/a Offer $__________________

Identify all ADR processes in this case in which you have participated (e.g., mediation,
arbitration, or settlement conferences). State the name of all judges, mediators, or other
neutral parties involved: None; Respondent did not appear for the
scheduled settlement conference.

Briefly state the facts of this case:

See attached Paragraph #1. ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________

List the appellate issues that you anticipate:

See attached Paragraph #2. ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________

__ This is a case of first impression.
(Specify): __________________________________________________________________

__ This case principally involves the validity or interpretation of a statute, ordinance, or regulation.
(Specify): __________________________________________________________________

Related case or cases:

Name: Church of Scientology Intl. v. Marin Superior Court, et al. Court: Court of Appeal No. A107095

(MSC# CV157680

What is the outcome that you seek in this case?

 x  Damages (specify): $50,000 for each of the 131 breaches

__ Equitable Relief: (specify): ___________________________________________________

__ Other (specify): ____________________________________________________________

Describe any ongoing personal, professional, or business relationship between any of the
parties to this appeal: None.
__________________________________________________________

Identify all persons, other than the parties, whose agreement is necessary for the settlement
of this appeal and any related litigation or dispute (e.g., an insurance adjuster, spouse, or
lien holder): None other than parties.
______________________________________________________________________________ ______________________________________________________________________________

What else should be considered in determining whether this case should be submitted to
mediation? See attached Paragraph #3.

Court of Appeal, First Appellate District Case Screening Form

Attachment Page No. 1

Briefly state the facts of this case:

Paragraph #1) Petitioner and Respondent entered into a settlement agreement in 1986
which Respondent has admittedly breached on hundreds of occasions. Despite a
liquidated damages provision which was found valid in a previous case, the trial court
refused to award damages in accordance with that provision and limited damages to
$500,000.

List Appellate Issues that you anticipate:

Paragraph #2) Issue on appeal is whether the trial court erred in refusing to enforce the
liquidated damages provision and, specifically, whether this refusal contravenes the trial
court's ruling in the earlier, related case, the judgment in which was final in 1997.

What else should be considered in determining whether this case should be submitted to
mediation?

Paragraph #3) Petitioner submits that this case is appropriate for mediation. This appeal
is the latest chapter in litigation which arose from a settlement of still earlier litigation.
The provisions of that agreement have been finally adjudicated to be valid and binding,
despite which Respondent continues breaching the agreement. A judicial declaration is
essential.

Court of Appeal, First Appellate District Case Screening Form, Attachment Page No. 1

PROOF OF SERVICE

      I, the undersigned, declare:

      I am employed in the County of Marin, State of California. I am over the
age of 18 and not a party to the within action; my business address is 475 Gate 5
Road, Suite 212, Sausalito, California 94965.

      On July 26, 2004, I served the foregoing document(s) described as
follows:

PETITIONER'S COMPLETED COURT OF APPEAL CASE SCREENING
FORM, BLANK COURT OF APPEAL CASE SCREENING FORM;
INFORMATION SHEET; and LOCAL RULE 3.5

on the interested parties in this action by placing true copies thereof enclosed in
sealed envelopes addressed as stated on the attached service list, as follows:

XX BY MAIL:

___ VIA FACSIMILE

___ BY HAND DELIVERY

Executed on July 26, 2004, at Sausalito, California

XX (State) I declare under penalty of perjury under the laws of the State of
California that the above is true and correct.

___ (Federal) I declare that I am employed in the office of a member of the bar
of this Court at whose direction the service was made.

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