COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT, DIVISION FOUR

To the Presiding Justice:

Pursuant to Rule 15(b)(2) of the California Rules of Court, Gerry Armstrong,

respondent and real party in interest, hereby applies for an extension of thirty days until

November 21 to file his respondent’s brief in Case No. A107100 and to file his

opposition in Case No. A107095.

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This application is based on the declaration of Gerry Armstrong that follows.

October 20, 2004 Respectfully submitted:

DECLARATION OF GERRY ARMSTRONG

I, Gerry Armstrong, declare as follows:

1. I am the respondent and real party in interest herein. I am over the age of

eighteen. I have personal knowledge of the facts stated herein and could competently

testify concerning these facts if so required.

2. It is not possible for me to complete and file my respondent’s brief and

opposition to Scientology’s writ petition by their due date, October 22, 2004, and I

require a thirty-day extension of time in which to file said brief and opposition.

3. On October 15, I e-mailed a letter to Andrew Wilson, attorney for appellant and

petitioner herein, requesting that he stipulate to such extension, and on October 16 I faxed

Mr. Wilson the same letter and a proposed stipulation for his signature. A true and

correct copy of said letter and proposed stipulation are appended hereto as Exhibit A. I

followed up my e-mail and fax letter with telephone calls to Mr. Wilson’s office on

October 18 and 19 and today. During all three calls, I spoke to a person in Mr. Wilson’s

office, and gave her my name. In the first two calls, I gave the person my telephone

number for Mr. Wilson to call me in response. In the call today, she connected me to Mr.

Wilson’s voice mail and I left a message for him.

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4. I have received no response, by e-mail, fax or telephone from Mr. Wilson.

This is not unusual or unexpected, because Mr. Wilson has many times in the litigations

between us over the past thirteen years not responded to usual communications in routine

matters such as this routine request to stipulate to an extension. In the unlikely event that

Mr. Wilson would not receive my e-mailed and faxed letter, on October 17 I also e-

mailed my letter to David Miscavige, the person who runs Scientology and controls all

aspects of Scientology’s legal activities including this appeal and writ petition. I have

also not received a reply from Mr. Miscavige. I cannot wait longer for Mr. Wilson or Mr.

Miscavige to respond to my letters and stipulate to an extension because I must file this

application before the brief and opposition are due.

5. There have not been previous applications granted or denied to any party after

filing of the notice of appeal.

6. The good cause for the grant of this application is as is provided in my letter of

October 15 to Mr. Wilson, Ex. A hereto. I will restate these reasons here to explain

certain things that might not be known or obvious to this Court.

7. I am not a lawyer, have no legal help, and it is neither easy nor quick for me to

generate the required responses to Scientology’s legal filings from all the legal help it

has. I am in forma pauperis, without any funds whatsoever, and must try to borrow funds

just to make the necessary photocopies to file and bind my brief and opposition and the

appendixes thereto.

8. At the same time, it is not possible or safe for me to stop my ministerial duties,

which are vital and extremely time consuming. The demand of these duties on my time

has not decreased at all while I have also had to prepare my brief and writ opposition, but

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the demand of these duties on my time has increased dramatically over the past month or

more.

9. I am the founder and head of the Church of Wogs (“CoW”), a global faith

dedicated to protecting wogs from Scientology defamation and persecution. “Wogs” is

the term organization founder L. Ron Hubbard used and Scientologists still use for non-

Scientologists, and is a racial epithet, both inside and outside Scientology, equivalent to

“niggers.” I am a wog, and there are over six billion wogs in the world, which Hubbard

and Scientology in fact call the “wog world.” My words about Scientology and wogs are

religious expressions of my religious beliefs and constitute CoW’s religious scripture.

Wogs as communicants contact me constantly for ministration in relation to Scientology

persecution, and my ministry is to minister to such wogs and to oppose and stop such

persecution. Over the past couple of months, there has been a significant increase of

wogs seeking my ministrations, both as a result of apparent globally increasing awareness

of Scientology persecution and the persecution itself increasing in response to such

spreading awareness. Many wogs who are victims of Scientology persecution or

otherwise seek ministration contact me through web sites I maintain, which is an essential

part of my ministry. The URLs for said web sites are: http://www.gerryarmstrong.org,

http://www.suppressiveperson.org, http://www.carolineletkeman.org.

10. Caroline Letkeman is my wife, also a target of Scientology persecution, and

also a minister in the Church of Wogs. It is simply impossible for us to stop our

ministerial duties while I prepare the necessary papers in response to Scientology’s

appeal and petition, so I must balance the time demands of these activities, and require

more time from this Court as requested.

directives or “scriptures” written by Hubbard. E.g., in his policy letter entitled “Battle

Tactics,” Hubbard wrote:

If you uniformly apply the tactics and strategy of battle to the rows we get
into, press or legal or public confrontation, you will win. ... But there are
also wars of attrition. We are engaged in one where total destruction of us
has been the enemy's aim for, at this writing, 19 years. This is barbarian
warfare, thus the enemy must have had very positive fears and terrors
about us. Since he fought for total attrition. In this case it is not safe to
hope for any half way win. We must ourselves fight on a basis of total
attrition of the enemy. So never get reasonable about him. Just go all the
way in and obliterate him. It is bad warfare to fight battles on your own
terrain, in your own subject area. It is not good to fight in the territory of
allies. Fight battles wherever possible only on enemy terrain, in and about
his subject and his people, not ours. You can gauge your relative success
by this. When all your battles are fought on his terrain, you are winning. A
good general expends the maximum of enemy troops and the minimum of
his own. He makes the war costly to the enemy, not to himself. One cuts
off enemy communications, funds, connections. He deprives the enemy of
political advantages, connections and power. He takes over enemy
territory. He raids and harrasses. … Intelligence identifies targets and
finds out enemy plans and purposes, enemy connections, dispositions, etc.
... The prize is "public opinion" where press is concerned. The only safe
public opinion to head for is they love us and are in a frenzy of hate
against the enemy, this means standard wartime propaganda is what one is
doing, complete with atrocity, war crimes trials, the lot. Know the mores
of your public opinion, what they hate. That's the enemy. What they love.
That's you. You preserve the image or increase it of your own troops and
degrade the image of the enemy to beast level. ... Wars are composed of
many battles. Never treat a war like a skirmish. Treat all skirmishes like
wars.

12. I write this because being warred upon as a Suppressive Person, important

enough for Scientology to not stop targeting me in over twenty-two years, as the

organization’s appeal and petition testify, affects every part of my life. I am forced to

take security precautions that people who are not immediate targets in a war like

Scientology’s war of total attrition might find incomprehensible, but to me are crucial to

life itself. I believe that I have a duty to do what I can, for everyone, to not be obliterated

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by Scientology. It is impossible for me to have a normal life, and to work “normally” on

the papers I must file with this Court, and it is appellant and petitioner herein,

Scientology, that enforces the SP doctrine and generates the threat that precludes

normalcy. Pursuant to Scientology’s Suppressive Person Doctrine, and in execution of

the Fair Game policy, Scientology’s agents have, among other crimes or torts, assaulted

me, run into me bodily with a car, terrorized me on the freeway, threatened to put a bullet

between my eyes, staked out my home, framed me with crimes, brought false criminal

charges against me, secretly and illegally videotaped me, broke into my car and stole my

documents plus irreplaceable artwork, disseminated my confidential psychotherapy

records, terrorized me now for twenty-two years, and subjected me to a vicious global

black propaganda campaign including to governments at all levels.

13. I leave tomorrow for a trip into the interior which I have had planned for

several months and cannot change the time. I also have a trip to Europe and Asia during

the first two weeks of November, which was also arranged before Scientology filed its

appeal and petition, and which also cannot be changed. This trip is at the request of and

arranged by the Russian Orthodox Church, and is an extension of my ministerial and

SPDL responsibilities. I am having to spend considerable time preparing for this trip,

including the researching and writing of papers to be presented.

14. This is a big case containing approximately 40 volumes in the record on

appeal in the related appeal, Scientology v. Armstrong, Appeal No. A075027,

incorporated herein by reference, and about 8 volumes in this appeal and writ petition.

15. This is also a gargantuan case monetarily, involving potentially trillions or

quadrillions of dollars in value and damages. Scientology seeks this Court’s stamp on its

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collection of “liquidated damages” in the amount of $50,000 per utterance, for every

religious expression of my religious beliefs in my ministry. Scientology says in its brief

that I acknowledged making over 200 such utterances, for which the organization seeks

$10 million. In reality, I have made tens of thousands of such utterances, a fact which I

have sworn to in this case. Additionally, Scientology also insists that the liquidated

damages penalty of $50,000 per utterance applies to each recipient of each utterance. So

when I speak at a conference where there are e.g., five hundred attendees, the liquidated

damages penalty for expressing my religious beliefs on that occasion would be $25

million. If on the Internet ten thousand people read this application for an extension,

which I will web and post to various Usenet groups or bulletin boards, the liquidated

damages penalty would be $500 million. I estimate that just since founding the Church

of Wogs, I have expressed my religious beliefs with fifty thousand utterances to an

average of a thousand recipients each, generating “liquidated damages” in the amount of

$2.5 trillion. This is clearly a monster of a claim by Scientology, and a monster of an

appeal and writ, and must be given the importance such monstrous claims and sums

merit, and I should be given, I believe, all the time in the world to respond to these

monstrosities.

16. Scientology would be in no way whatsoever prejudiced by granting an

extension of time to file my brief and opposition. Scientology states in its petition that

“following the hearing in this case in which Superior Judge Lynn Duryee refused to

enforce both the prior and new contempt sentences and rendered the liquidated damages

provision of the contract unenforceable for future breaches, [I] triumphantly announced

to the press that [I] now was free to ignore both the settlement agreement and the

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injunction, and that [I] intended to do so.” This is untrue. I have stated in many sworn

declarations, and reaffirm here, that I left California in January 1997 and moved to

Canada, and from that time until the present I have been free to ignore both the settlement

agreement and the injunction, and from that time until the present I have stated repeatedly

that I intended to do so. Thus, from early 1997 until now, over more than seven years,

nothing regarding my being free to express my religious beliefs, or my expression of

those religious beliefs has changed. One or two more months of nothing changing and

my continuing to express my religious beliefs will not prejudice Scientology in any way

whatsoever. It is clear to me that neither the Marin Superior Court, nor this Court, nor

any other court in the U.S., has the legitimate authority to prohibit the free exercise of

religion in Canada, or anywhere else in the world, as Scientology is trying to get this

Court to do, and this fact has been clear to me, and I have so expressed such religious

beliefs to the press and to wogs everywhere ever since moving to Canada, where I am a

citizen. It is moreover clear to me that pursuant to the International Religious Freedom

Act of 1998, H.R. 2431, this Court has a duty to stop Scientology from doing what it is

trying to do, unlawfully using this Court to prohibit my free exercise of my religion and

the free expression of my religious experiences, knowledge and beliefs in Canada, in

Europe, in Asia and everywhere else in the world. None of the utterances that comprise

my religious expression of my religious beliefs for which Scientology wants this

California Court of Appeal to punish me for, with a $50,000 penalty per utterance, and

with jailing and fining, occurred in California.

17. Scientology states in its petition: “On June 5, 1997, Judge Thomas issued an

order of contempt, finding that Armstrong "willfully disobeyed the Order." Exs. Tab 8,

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[Pg. Nos. 098-100], Order of Contempt. Judge Thomas ordered that Armstrong pay a fine

of $1,000 and be confined in the County Jail for two days. Id. [Pg. No. 100]. Armstrong

fled the jurisdiction, and on August 6, 1997, Judge Thomas issued a bench warrant for his

arrest. Exs. Tab 9, [Pg. No. 101], Bench Warrant.” This also is simply not true. I left

California in January 1997. Scientology got its order of contempt, without service on me

of any order to show cause or any other notice, months later.

18. As I have also stated many times in sworn declarations, and reaffirm here,

what caused me to leave California in January 1997, to move to Canada, and to

commence my ignoring of Scientology’s “contract” and the subject injunction, was my

discovery at that time, also January 1997, of a section of Scientology’s IRS Form 1023

submission on which its 1993 tax exemption is based, and which viciously black PRs me.

Black PR or black propaganda is Scientology’s term for its policy, practice and product

of destroying a “Suppressive Person’s” reputation, credibility and life with the willful,

organized, relentless and widespread dissemination of false and perverse statements and

publications about that SP. This discovery was shocking beyond belief to me, in part

because of its disgusting, mendacious content, and in part because Scientology

deliberately withheld this document from me in discovery in the Marin Superior Court

litigations. This black PR signaled to me that Scientology would stop at nothing, no

crime, to silence me, or otherwise dispose of me. This section of black PR from

Scientology’s IRS 1023 submission is webbed at:

http://www.gerryarmstrong.org/50grand/cult/irs/index.html Since I have from January

1997 until the present been free and considered myself free to ignore both Scientology’s

“contract” and the “injunction,” and have during all of these years exercised my freedom

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of religion and expressed my religious beliefs, which Scientology seeks to get this Court

to stop and to punish me for, Scientology will not be prejudiced in any way by my

continuing to so exercise my religious freedom and so express my religious beliefs a few

more weeks, months or years.

I declare under penalty of perjury under the laws of California, the U.S.A. and

Canada that the foregoing is true and correct.

Executed this 20th day of October 2004 in Chilliwack, B.C., Canada.

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PROOF OF SERVICE

           I am employed in the Province of British Columbia, Canada. I am over the age of
eighteen years and am not a party to the above-entitled action. My business address is
#1-45950 Alexander Avenue, Chilliwack, B.C. V2P 1L5.

           On October 20, 2004, I served the following document:

APPLICATION FOR EXTENSION OF TIME TO FILE
RESPONDENT’S BRIEF AND TO FILE OPPOSITION TO
PETITION FOR WRIT OF CERTIORARI OR, IN THE
ALTERNATIVE, WRIT OF MANDATE

on the following person(s) on the date set forth below, by delivering a true copy thereof
enclosed in a sealed envelope to the addressees below:

[ ] (By Mail)	I caused such envelope with postage thereon fully prepaid to be placed in the Canadian mail at Chilliwack, B.C., Canada.
[X] (By Federal Express or Overnight courier)
[ ] (Personal)	I caused said papers to be personally served on the office of counsel.
Andrew H. Wilson, Esq. Wilson Campilongo LLP 475 Gate 5 Road Sausalito, CA 94965 U.S.A. Marin County Superior Court Hon. Lynn Duryee 3501 Civic Center Drive San Rafael, CA 94913 U.S.A.
[X] (State)	I declare under penalty of perjury under the laws of Canada and the State of California that the above is true and correct.
Executed on October 20, 2004 at Chilliwack, B.C., Canada
Caroline Letkeman	_________________________ (Signature)