Excerpt of Proceedings (Hon. Bruce R. Geernaert)

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[CT 7699]

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES

DEPARTMENT NO. 56 HON. BRUCE R. GEERNAERT, JUDGE
CHURCH OF SCIENTOLOGY OF CALIFORNIA,
PLAINTIFF,
VS.
GERALD ARMSTRONG,
DEFENDANT
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)
)
)
)
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 CASE NO. C 420 153

[STAMP]
RECEIVED
JAN 31 1992
HUB LAW OFFICES

REPORTER'S TRANSCRIPT OF PROCEEDINGS

MONDAY, DECEMBER 23, 1991

APPEARANCES:

(SEE APPEARANCE PAGE.)

HERBERT CANNON, CSR NO. 1923
OFFICIAL REPORTER

[CT 7700]

THEY CONSIDERED TO BE APPROPRIATE FOR THE COURT ORDER AND THEN I GO OVER THEM AND SAY IS THIS REALLY SOMETHING THAT IS THE BUSINESS OF THE COURT TO BE ORDERING AND ENFORCING WITH CONTEMPT OR NOT?

AND I MAKE SURE THAT IT IS THE KIND OF CLEAR AND CONCISE ORDER THAT CAN BE THE SUBJECT OF A CONTEMPT PROCEEDING. SO MY BELIEF IS JUDGE BRECKENRIDGE, BEING A VERY CAREFUL JUDGE, FOLLOWS ABOUT THE SAME PRACTICE AND 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 OF THE -- I HAVE SEEN -- I CAN'T SAY --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 HAD I 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 WANT TO SETTLE CASES AND, IN EFFECT, PROSTRATE THE COURT SYSTEM INTO MAKING AN ORDER WHICH IS NOT FAIR OR IN THE PUBLIC INTEREST.

SO BASICALLY, I HAVE TO CONCLUDE BASED ON THE RECORD THAT THERE WAS NO ORDER; SIMPLY, HE WASN'T PRESENTED THE ORDER. HE WAS NOT ASKED TO ORDER ITS PERFORMANCE. HE DIDN'T ORDER ITS PERFORMANCE.

THE FIRST TIME THAT WOULD BE DONE WOULD BE IN RESPONSE TO YOUR MOTION AT THIS TIME.

MR. HERTZBERG: JUDGE, LET ME RESPOND TO THAT. FIRST OF ALL, I THINK YOUR HONOR KNOWS WE ARE NOT CLAIMING THAT JUDGE BRECKENRIDGE SO ORDERED THE TERMS

[CT 7701]

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES

DEPARTMENT NO. 56 HON. BRUCE R. GEERNAERT, JUDGE
CHURCH OF SCIENTOLOGY OF CALIFORNIA,
PLAINTIFF,
VS.
GERALD ARMSTRONG,
DEFENDANT
)
)
)
)
)
)		 CASE NO. C 420 153
REPORTER'S CERTIFICATE

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES		 )
)
SS
)
)		  
I, HERBERT CANNON, OFFICIAL REPORTER OF THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, FOR THE COUNTY OF LOS ANGELES, DO HEREBY CERTIFY THAT THE FOREGOING PAGES, 1 THROUGH 77, COMPRISE A TRUE AND CORRECT TRANSCRIPT OF THE PROCEEDINGS HELD IN THE ABOVE-ENTITLED MATTER ON DECEMBER 23, 1991.

DATED THIS 6TH DAY OF JANUARY, 1992.

[SIGNED] HERBERT CANNON
CSR NO. 1923
OFFICIAL REPORTER