CHURCH OF SCIENTOLOGY INTERNATIONAL, a California nonprofit
religious corporation,

Plaintiff,

vs.

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

Defendants.

 

CASE NO. CV 021632

PLAINTIFF'S SEPARATE STATEMENT
OF UNDISPUTED FACTS AND
SUPPORTING EVIDENCE IN SUPPORT
OF MOTION FOR SUMMARY
JUDGMENT FILED CONCURRENTLY
HEREWITH

Date: February 3, 2004
Time: 9:00 a.m.
Dept: L

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

UNDISPUTED MATERIAL FACT

1. On December 6, 1986, CSI and defendant

Armstrong entered into a Mutual Release of

All Claims and Settlement Agreement

("Agreement") in the case entitled Church of

Scientology International v. Armstrong, Case

No. C 420153. In consideration, Armstrong

made various covenants, including the

following contained in paragraph 7(D) of the

Agreement:

      "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 broadcast or to assist another to
create, write, film or video tape or audio tape
any show, program or movie, or to grant
interviews or discuss with others, concerning
their experiences with the Church of
Scientology, or, concerning their personal or
indirectly acquired knowledge or information
concerning the Church of Scientology, L. Ron
Hubbard or any of the organizations,
individuals and entities listed in Paragraph 1
above. Plaintiff further agrees that he will
maintain strict confidentiality and silence
with respect to his experiences with the
Church of Scientology and any knowledge or
information he may have concerning the
Church of Scientology, L. Ron Hubbard, or
any of the organizations, individuals or
entities listed in Paragraph 1 above . . . .
Plaintiff agrees that if the terms of this
paragraph are breached by him, that CSI and
the other Releasees would be entitled to
liquidated damages in the amount of $50,000
for each such breach."

SUPPORTING EVIDENCE

1. Exhibit A to Plaintiff's Complaint; Wilson

Decl., ¶2, Exhibit A thereto; Wilson Decl.,

¶3, Exhibit B thereto, Defendant's Answer, at

¶ 2:5-7; ¶ 14:17-22.

UNDISPUTED MATERIAL FACT

2. Several years later, plaintiff filed several

breach of contract actions against defendant

Armstrong which were consolidated in this

Court in the case entitled Church of

Scientology International v. Armstrong, Case

Nos. 152229 and 157680 ("Consolidated

Action").

SUPPORTING EVIDENCE

2. Wilson Decl., ¶¶4-5, Exhibits C and D

thereto, Complaints filed in Church of

Scientology International v. Armstrong, Case

No. 152229 and Church of Scientology
International v. Armstrong, Case No. 157680;

Wilson Decl., ¶3, Exhibit B thereto at ¶¶ 2:5-

7; 2:28-3:1.

3. In the Consolidated Action, plaintiff CSI

sought liquidated damages pursuant to the

terms of the Agreement, as well as injunctive

relief to prevent any future breaches of the

Agreement by defendant Armstrong,

including breaches of paragraph 7(D) of the

Agreement.

3. Wilson Decl., ¶¶4-5, Exhibits C and D

thereto, Complaints filed in Church of

Scientology International v. Armstrong, Case

No. 152229 and Church of Scientology

International v. Armstrong, Case No. 157680;

Wilson Decl., ¶3, Exhibit B thereto at ¶¶ 2:5-

7; 2:28-3:1.

4. Armstrong, represented by counsel, cross-

complained against plaintiff in the

Consolidated Action challenging the validity

of the Agreement on a number of grounds,

including violation of the First Amendment,

duress and abuse of process.

4. Wilson Decl., ¶6, Exhibit E thereto,

Certified copy of Armstrong's Cross-

Complaints in the cases entitled Church of

Scientology International v. Armstrong, Case

No. 152229 and Church of Scientology

International v. Armstrong, Case No. 157680.

5. On October 17, 1995, following a motion

for summary adjudication of issues brought

by CSI against defendant Armstrong, this

Court entered an Order of Permanent

Injunction in the Consolidated Action

5. Wilson Decl. ¶7, Exhibit F thereto, Order

of Permanent Injunction dated October 17,

1995, entered in Church of Scientology

International v. Armstrong, Case No. 157680.

UNDISPUTED MATERIAL FACT

adjudicating the following:

"1. Plaintiff and defendant freely and

voluntarily entered into a Mutual Release of

All Claims and Settlement Agreement in

December, 1986.

2. Plaintiff performed all of its obligations

pursuant to the Agreement.

3. Defendant Armstrong received substantial

consideration for the promises which he made

in the Agreement.

4. Since 1990, defendant Armstrong has

repeatedly breached paragraphs 7(D).

9. Defendant Armstrong has reiterated

numerous times that he intends to continue

breaching the Agreement unless he is ordered

by the Court to cease and desist . . .

10. Plaintiff's legal remedies are inadequate

insofar as the scope of the relief ordered

below is concerned . . .

Accordingly, the Court finds that entry of a

permanent injunction in this action is

necessary in this action because pecuniary

compensation could not afford the Church

adequate relief, and the restraint is necessary

in order to prevent a multiplicity of actions

for breach of contract."

Thereafter, the Court permanently

UNDISPUTED MATERIAL FACT

enjoined defendant Armstrong from "doing

directly or indirectly any of the following":

"Facilitating in any manner the creation,

publication, broadcast, writing, filming audio

recording, video recording, electronic

recording or reproduction of any kind of any

book, article, film, television program, radio

program, treatment, declaration, screenplay or

other literary, artistic or documentary work of

any kind which discusses, refers to or

mentions Scientology, the Church and/or any

of the Beneficiaries (which includes plaintiff

herein, CSI); 5. Discussing with anyone, not

a member of Armstrong's immediate family

or his attorney, Scientology, the Church,

and/or any of the Beneficiaries (including

CSI.)."

6. On May 2, 1996, the Order of Permanent

Injunction was incorporated into a judgment

against defendant Armstrong.

6. Wilson Decl., ¶8 and Exhibit G thereto,

May 2, 1996 Order of Permanent Injunction

issued in the Consolidated Actions of Church

of Scientology International v. Armstrong,

Case No. 152229 and Church of Scientology

International v. Armstrong, Case No. 157680;

Answer of Gerry Armstrong Answer, ¶ 2:5-7.

7. Thereafter, on or about November 13,

2000, plaintiff applied Ex Parte to the Court

7. Wilson Decl.¶9, Exhibit H thereto, Ex

Parte Application for Order to Show Cause

UNDISPUTED MATERIAL FACT

in the Consolidated Action for an Order to

Show Cause why defendant Armstrong

should not be held in contempt for violating

the October 17, 1995 Order of Permanent

Injunction for engaging in 131 breaches of the

October 17, 1995 Injunction.

SUPPORTING EVIDENCE

Re: Contempt and supporting documents

thereto.

8. These 131 postings are written

publications in which he discusses his and

others' experiences in the Church of

Scientology and he makes mention of and

discusses information he has concerning the

Church of Scientology.

8. Wilson Decl., ¶2 and Exhibit A thereto,

the Mutual Release of All Claims and

Settlement Agreement; Wilson Decl., ¶3,

Exhibit B thereto, Defendant's Answer,

¶15:4-5, ¶ 16:8-17, ¶¶ 27-30:2, ¶ 35:21-24, ¶

48:12, 22-26.

9. Defendant Armstrong was given an

opportunity and did file an opposition to the

Ex Parte Application, asserting the same

arguments he proffered earlier in the

Consolidated Action.

9. Wilson Decl.,¶10 and Exhibit I thereto,

Armstrong's Opposition to Order to Show

Cause.

10. On July 13, 2001, the Court issued its

decision in an Order of Contempt, finding

that defendant Armstrong had, in fact,

violated the terms of the Injunction by

engaging in 131 breaches of the Agreement

which are at issue here:

Petitioner (CSI) has shown that: (1)
During the period of February 20,
1998 to July 10, 2000, ARMSTRONG
made a total of 131 postings on the
Internet, each of which violated one or

10. Wilson Decl., ¶11 and Exhibit J thereto,

Order of Contempt issued in the Consolidated

Action dated July 13, 2001.

UNDISPUTED MATERIAL FACT

more provisions of the Injunction ...

ARMSTRONG did not deny these violations.

In his January 9, 2001 declaration under

penalty of perjury, ARMSTRONG stated, "I

have violated Scientology's Injunction

thousands of times since former Marin

County Superior.

Court Judge [Gary Thomas] signed it in

October, 1995."

11. ARMSTRONG has admitted committing

the 201 breaches of contract alleged in the

First Cause of Action.

11. Wilson Decl. ¶3 and Exhibit B thereto,

Answer of Gerry Armstrong at ¶ 14:8-28

Dated: November 17, 2003

By: 

Respectfully submitted:

WILSON CAMPILONGO LLP

[signed] Andrew H. Wilson
Andrew H. Wilson

Attorneys for Plaintiff
CHURCH OF SCIENTOLOGY
INTERNATIONAL