Gerry Armstrong--Response to Motion of Gerry Armstrong for extension of time to file opposition to motion for summary judgment...

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ANDREW H. WILSON, ESQ., SBN 63209
WILSON CAMPILONGO LLP
475 Gate Five Road, Suite 212
Sausalito, CA 94965-1475
Telephone: (415) 289-7100
Facsimile: (415) 289-7110

Attorneys for Plaintiff
CHURCH OF SCIENTOLOGY INTERNATIONAL

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF MARIN

CHURCH OF SCIENTOLOGY INTERNATIONAL, a California nonprofit
religious corporation,

Plaintiff,

vs.

GERALD ARMSTRONG, an individual; and
DOES 1 THROUGH 50, inclusive,

Defendants.

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CASE NO. CV021632

PLAINTIFF'S RESPONSE TO
DEFENDANT GERALD
ARMSTRONG'S REQUEST FOR
EXTENSION OF TIME TO FILE
OPPOSITION TO MOTION FOR
SUMMARY JUDGMENT

Date: Feb 10, 2004
Time: 9:00 a.m.
Dept.: L

Complaint Filed: April 2, 2002
Trial Date: March 5, 2004

This motion was filed and serve on November 17, 2003. On January 22, 2004, Plaintiff's

counsel received an email from Defendant Gerald Armstrong, stating that Mr. Armstrong had

recently moved to Canada and needed an extension of time to file an opposition. Declaration of

Andrew H. Wilson ("Wilson Decl"), Exhibit A. Plaintiff's counsel replied that day, informing Mr.

Armstrong that he did not object to giving Mr. Armstrong more time, but that an order from this

Court would be required, and that the Court might not grant the request because of the length of

time that the case had been on file. See Wilson Decl., Exhibit B. Mr. Armstrong then filed his

Request for Extension of Time to File Opposition to Motion for Summary Judgment and a

supporting declaration, asserting that Mr. Armstrong had recently moved from Germany to

Canada, had been ill, had meritorious defenses to this motion and needed additional time to file an

plaintiff's response to defendant Gerald Armstrong's request for extension of time to file opposition to motion for summary judgment

opposition.

Plaintiff is mindful of the position the Court is placed in when a pro per defendant seeks

additional time to assert what he claims are meritorious defenses. For that reason, and because

Plaintiff is confident that it will prevail on this motion and does not wish to open the door to a

charge that there were legitimate arguments which the Court did not consider because it did not

accede to Mr. Armstrong's request. Plaintiff does not oppose the request, however Plaintiff asks

that any continuance be brief.

When this motion was originally filed, Plaintiff's counsel was under the impression that it

had been calendared for February 3, 2004. As a result of Armstrong's email, he learned that the

hearing had been set for February 10, which is within thirty days of the trial date. Wilson Decl., &

3. Code of Civil Procedure § 437c provides that a summary judgment motion shall be heard no

later than 30 days before the date of trial, unless the court for good cause orders otherwise.

Accordingly, Plaintiff requests that if the hearing is to be held within 30 days of the trial date, any

order granting summary judgment include a provision that good cause exists for holding the

hearing within thirty days prior to trial.

Dated: February 3, 2004.

Respectfully submitted:

WILSON CAMPILONGO LLP

By: [Signed]
Andrew H. Wilson

Attorneys for Plaintiff
CHURCH OF SCIENTOLOGY
INTERNATIONAL

plaintiff's response to defendant Gerald Armstrong's request for extension of time to file opposition to motion for summary judgment

DECLARATION OF ANDREW H. WILSON

Andrew H. Wilson Deposes and says:

1. My name is Andrew H. Wilson. I am an attorney at law licensed to practice before all

courts in this state, having my business at 475 Gate Five Road, Suite 212, Sausalito,

California, 94965. I am counsel for Plaintiff Church of Scientology herein. I have personal

knowledge of the facts stated herein and could competently testify thereto if called as a witness.

2. On January 22, I received an email from Defendant Gerald Armstrong requesting

additional time to file an opposition to Plaintiff's Motion for Summary Judgment, a copy of which

is attached hereto as Exhibit A. I replied to Mr. Armstrong that same day, a copy of which is

attached hereto as Exhibit B.

3. As a result of receiving Mr. Armstrong's email and reviewing the endorsed file copies

of the motion papers, I discovered that the hearing had been set for February 10, rather than

February 3. The motion papers had been prepared with a hearing date of February 3, based upon

my understanding that this date had been reserved. My former secretary had apparently neglected

to reserve this date, when he attempted to file the papers, had to manually change the date to

February 10. Unfortunately, he neglected to inform me of this change.

I declare under penalty of perjury that the foregoing is true and correct and that this

declaration was executed on February 3, 5 2004 at Sausalito, California.

[Signed]
Andrew H. Wilson

plaintiff's response to defendant Gerald Armstrong's request for extension of time to file opposition to motion for summary judgment

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