DEPT. 88
SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES
| Date: May 28, 1992 Honorable Ronald M. Sohigian, Judge 1 |
M. Cervantes, Deputy Clerk None (E.R.M.) |
| BC 052395 Church of Scientology, International vs. Gerald Armstrong, et al. |
(Parties and Counsel checked if present) Counsel For Plaintiff Counsel For Defendant No Appearances |
NATURE OF PROCEEDINGS: RULING ON MATTER TAKEN UNDER SUBMISSION ON MAY 27, 1992
In this matter heretofore taken under submission on May 27, 1992, the court now makes the following ruling.
1 Plaintiff's legal remedies are inadequate insofar as the scope of relief ordered below is concerned, but not otherwise. CCP 526(4) and (5).
2 The threatened acts which are restrained by the order referred to below, but only those threatened acts, would do irreparable harm to plaintiff which could not be compensated by monetary damages. CCP 526 (2) .
3 On the basis of the instant record, there is a reasonable
probability that plaintiff will prevail after trial of this case in the
respects restrained by this order. CCP 526(1); cf., San Francisco
Newspaper Printing Co., Inc. vs. Superior Court (Miller) (1985) 170 Cal.
App. 3d 438.
4 Plaintiff is likely to suffer greater injury from denial of the preliminary injunction the terms of which are set out below than the injury which defendant is likely to suffer if it is granted. SeeRobbins vs. Superior Court (County of Sacramento) (1985) 38 Cal. 3d 199, 206.
5 The granting of a preliminary injunction in the terms set out below will preserve the status quo pending trial.
1 [Page 1 of 4] Dept. 88 Judge Sohigian May 28, 1992
DEPT. 88
SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES
| Date: May 28, 1992 Honorable Ronald M. Sohigian, Judge 1a |
M. Cervantes, Deputy Clerk None (E.R.M.) |
| BC 052395 Church of Scientology, International vs. Gerald Armstrong, et al. |
(Parties and Counsel checked if present) Counsel For Plaintiff Counsel For Defendant No Appearances |
NATURE OF PROCEEDINGS: RULING ON MATTER TAKEN UNDER SUBMISSION ON MAY 27, 1992
6 Application for preliminary injunction is granted in part, in the following respects only.
Defendant Gerald Armstrong, his agents, and persons acting in concert or conspiracy with him (excluding attorneys at law who are not said defendant's agents or retained by him) are restrained and enjoined during the pendency of this suit pending further order of court from doing directly or indirectly any of the following:
Voluntarily assisting any person (not a governmental organ or entity) intending to make, intending to press, intending to arbitrate, or intending to litigate a claim against the persons referred to in sec. 1 of the "Mutual Release of All Claims and Settlement Agreement" of December, 1986 regarding such claim or regarding pressing, arbitrating, or litigating it.
Voluntarily assisting any person (not a governmental organ or entity) arbitrating or litigating a claim against the persons referred to in sec. 1 of the "Mutual Release of All Claims and Settlement Agreement" of December, 1986.
The court does not intend by the foregoing to prohibit
defendant Armstrong from: (a) being reasonably available for the
service of subpoenas on him; (b) accepting service of subpoenas on
him without physical resistance, obstructive tactics, or flight;
(c) testifying fully and fairly in response to properly put
questions either in deposition, at trial, or in other legal or arbitration
proceedings; (d) properly reporting or disclosing to
authorities criminal conduct of the persons referred to in sec. 1
of the "Mutual Release of All Claims and Settlement Agreement" of
December, 1986; or (e) engaging in gainful employment rendering
clerical or paralegal services not contrary to the terms and
conditions of this order.
1 [Page 2 of 4] Dept. 88 Judge Sohigian May 28, 1992
DEPT. 88
SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES
| Date: May 28, 1992 Honorable Ronald M. Sohigian, Judge 1b |
M. Cervantes, Deputy Clerk None (E.R.M.) |
| BC 052395 Church of Scientology, International vs. Gerald Armstrong, et al. |
(Parties and Counsel checked if present) Counsel For Plaintiff Counsel For Defendant No Appearances |
NATURE OF PROCEEDINGS: RULING ON MATTER TAKEN UNDER SUBMISSION ON MAY 27, 1992
The application for preliminary injunction is otherwise denied.
7 The restraints referred to in sec. 6, above, will become effective upon plaintiff's posting an undertaking in the sum of $70,000 pursuant to CCP 529(a) by 12:00 noon on June 5, 1992.
8 The restraints referred to in sec. 6, above, properly balance
and accommodate the policies inherent in: (a) the protectable interests
of the parties to this suit; (b) the protectable interests of the public
at large; (c) the goal of attaining full and impartial justice through
legitimate and properly informed civil and criminal judicial proceedings
and arbitrations; (d) the gravity of interest involved in what the
record demonstrates defendant might communicate in derogation of the
contractual language; and (e) the reasonable interpretation of the "Mutual Release of All Claims and Settlement Agreement" of December,
1986. The fair interpretation of all the cases cited by the parties
indicates that this is the correct decisional process. The law
appropriately favors settlement agreements. Obviously, one limitation
on freedom of contract is "public policy"; in determining what the scope
of the public policy limitation on the parties' rights to enforcement of
their agreement in the specific factual context of this case, the court
has weighed the factors referred to in the first sentence of this
section. Litigants have a substantial range of contractual freedom,
even to the extent of agreeing not to assert or exercise rights which
they might otherwise have. The instant record shows that plaintiff was
substantially compensated as an aspect of the agreement, and does not
persuasively support defendant's claim of duress or that the issues
involved in this preliminary injunction proceeding were precluded by any
prior decision.
1b [Page 3 of 4] Dept. 88 Judge Sohigian May 28, 1992
DEPT. 88
SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES
| Date: May 28, 1992 Honorable Ronald M. Sohigian, Judge 1c |
M. Cervantes, Deputy Clerk None (E.R.M.) |
| BC 052395 Church of Scientology, International vs. Gerald Armstrong, et al. |
(Parties and Counsel checked if present) Counsel For Plaintiff Counsel For Defendant No Appearances |
NATURE OF PROCEEDINGS: RULING ON MATTER TAKEN UNDER SUBMISSION ON MAY 27, 1992
9 The court does not dispositively decide the underlying merits of the case except for this preliminary determination. CCP 526(1);Baypoint Mortgage Corp. vs. Crest Premium Real Estate etc. Trust (1985) 168 Cal. App. 3d 818, 823.
10 Plaintiff is ordered give written notice by mail by June 5, 1992, including in that written notice a statement regarding whether plaintiff has or has not posted the undertaking referred to in sec. 7, above, and attaching to that written notice evidence showing that the undertaking has been posted if that is the fact.
DATED: May 28, 1992.
[stamp] RONALD M. SOHIGIAN
RONALD M. SOHIGIAN
Judge of the Superior Court
A copy of this minute order is sent to counsel via United States mail this date.
1c [Page 4 of 4] Dept. 88 Judge Sohigian May 28, 1992
