CT 7399

Ford Greene California State Bar No. 107601 HUB LAW OFFICES 711 Sir Francis Drake Boulevard San Anselmo, California 94960-1949 Telephone: 415.258.0360 Telecopier: 415.456.5318 Attorney for Defendants GERALD ARMSTRONG and THE GERALD ARMSTRONG CORPORATION

FILED JAN 19 1995 HOWARD HANSON MARIN COUNTY CLERK

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF MARIN

CHURCH OF SCIENTOLOGY INTERNATIONAL, a California not-for-profit religious corporation, Plaintiff, vs. GERALD ARMSTRONG; MICHAEL WALTON; THE GERALD ARMSTRONG CORPORATION a California for-profit corporation; DOES 1 through 100, inclusive, Defendants.

) ) ) ) ) ) ) ) ) ) ) )

No. 157 680 ARMSTRONG'S SUPPLEMENTAL DECLARATION IN OPPOSITION TO SCIENTOLOGY'S MOTION FOR SUMMARY ADJUDICATION OF THE FOURTH, SIXTH AND ELEVENTH CAUSES OF ACTION OF SECOND AMENDED COMPLAINT Date: 1/27/95 Time: 9:00 a.m. Dept: One Trial Date: May 18, 1995

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CT 7400

DECLARATION OF GERALD ARMSTRONG

I, Gerald Armstrong, declare:

1. I am making this declaration as a supplement to my memorandum and supporting documents filed January 13, 1995 in opposition to Scientology's pending motion for summary adjudication.

2. It was clear to me at the time of the settlement, and has become even clearer with the passage of time and the proliferation of litigation of the issue ever since then that the "settlement agreement's" non-disclosure condition, an aspect of which is the liquidated damages penalty, is impossible and legally unenforceable. Many of the legal reasons, some of which I understood at the time, and some of which developed over the years since December, 1986, my attorney Ford Greene has dealt with in the opposition. I am filing this supplemental declaration because I believe what I have to say herein concerns and underlies all aspects of this litigation and should be said.

3. Beyond and encompassing all reasons, the non-disclosure condition is impossible and legally unenforceable because no agency other than God can enforce it, He has not done so, and nothing He says indicates that He will. It is inarguable that potentially what I have to say, as with everyone else, which Scientology seeks to silence in me and others, are God's words. For that reason, beyond and encompassing the legal defense of that reason, I cannot by Scientology be silenced. There is, I believe, and pursuant to God's Word, a better chance for my words to be His because I ask that they be.

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CT 7401

4. Scientology preaches to those who obey its orders, among which number I was counted for many years, that God does not exist, and that what should be sought, studied, sold and bought for salvation, or "survival," is its mental "technology,""auditing." Appended hereto as Exhibit A are two copies of Scientology's "OT III materials," both of which I studied while inside the organization. One is handwritten by L. Ron Hubbard and the other is typed from the handwritten original. They are part of a larger body of writings called the "Upper Level" materials, which are part of the whole body of L. Ron Hubbard's "technical" writings. In the OT III materials, which are a central part of Scientology's "technology," Hubbard states that God is an "implant," (Ex. A at Bates-stamped pages 700681 and 700694) which he defines as "a painful and forceful means of overwhelming a being with artificial purpose or false concepts in a malicious attempt to control and suppress him." This definition is provided in Scientology's "Technical Dictionary," the relevant pages from which are appended hereto as Exhibit B. The concept that God is an "implant" is consistent with everything else I studied and the way of thinking and the way of life ordered and enforced by the organization while I was inside. Anyone who professed a belief in God was, inside Scientology, considered and dealt with as if he or she was "psychotic."

5. Appended hereto as Exhibit C is a declaration executed October 27, 1994 by Michael Rinder, director of plaintiff Scientology organization herein, and filed in the case of Scientology v. Steven Fishman & Uwe Geertz, US District Court for

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the Central District of California No. 91-6426-HLH (Tx). Mr. Rinder's declaration concerns "settlement" meetings he and fellow Scientology director Michael Sutter had with former organization executives Vaughn and Stacy Young. Mr. Rinder accuses me of being psychotic because I converse with God. Ex. C, at 11:2-12. After I received the declaration about a month ago I called Mr. Rinder, and during our conversation he confirmed that what he meant was that he considers that I am psychotic because I communicate with God. Declarations by the Youngs providing their statement of their meetings with Rinder and Sutter in response to the Rinder declaration are appended hereto as Exhibits D and E. Stacy's response to Rinder's charge that I am psychotic because I communicate with God is at Ex. E, ¶ 33.

6. Theologically, Scientology, as it is now practiced, is idolatry. Appended hereto as Exhibit F is a page from Webster's Third New International Dictionary of the English Language Unabridged which defines idolatry as: "the giving of absolute religious devotion and ultimate trust to something that is not God." Non-idolatry, that is to say, religion, says, believe in God, seek God, trust God, look to God for understanding, serve God, ask Him for wisdom, courage, and guidance, and do His Will. Scientology says believe L. Ron Hubbard, study his technology, serve the organization, and do its will. Within and under this country's Constitution it is legally ridiculous that anyone free to practice religion could not be adverse to, speak out concerning, nor assist those adverse to, what is adverse to religion - idolatry.

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7. Historically, Scientology is the product of the cleverness of a man in opposition to the Will of God. In that it is nothing new under the sun; yet even man's cleverness will be used by God for His Purposes. This has happened with Scientology's clever lawyers' clever "settlement agreement." I have done nothing but be willing to be guided by God as He unweaves the web Scientology's lawyers and leaders have woven, and in which they have, by seeking to ensnare others, ensnared themselves. It is wisdom as ancient as the silliness that gave rise to its need that he who uses fair game becomes fair game. God uses me to free the Scientologists by being free and speaking freely. In that I am a Prophet to Scientology (PtS), for God never stops bringing His Word to everyone, even those who in their cleverness deny His Existence, and surely those they've snared and oppressed.

8. Scientology's creed, a copy of which is appended hereto as Exhibit G, this edition published in 1992 in Scientology's book What is Scientology?, states:

"We of the Church believe:

That all men of whatever race, color or creed were created with equal rights;

That all men have inalienable rights to their own religious practices and their performance;

That all men have inalienable rights to their own lives;

That all men have inalienable rights to their sanity;

That all men have inalienable rights to their own defense;

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CT 7404

That all men have inalienable rights to conceive, choose, assist or support their own organizations, churches and governments;

That all men have inalienable rights to think freely, to talk freely, to write freely their own opinions and to counter or utter or write upon the opinions of others;

. . . .

And that no agency less than God has the power to suspend or set aside these rights, overtly or covertly."

The individuals who control Scientology and its litigation seek by the "settlement agreement," by the power of our courts, and by extrajudicial means, to deny me, and others, each of the "inalienable rights" listed above. I do not seek to deny anyone any of those rights. Who then is the Scientologist? Can any court of man's laws prevent me from so practicing this religion or opposing those who suppress it?

9. Plaintiff Scientology organization herein includes this creed as Article IV in its By-Laws, a copy of the relevant pages from which are appended hereto as Exhibit H. These By-Laws were authenticated by Scientology Secretary Lynn Farny at his deposition on July 12, 1994. Scientology's preamble to its creed in its By-Laws states:

"The Church subscribes, and its object is and purposes are that all Mankind may subscribe to and practice the following Creed: . . . . Ex. H, pp. 6-8.

10. One of the most quoted and revered writings of

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Scientology is Hubbard Communications Policy Letter of 7 February, 1965 "Keeping Scientology Working," a copy of which is appended hereto as Exhibit I. At page 6 is the statement by L. Ron Hubbard:

"The whole agonized future of this planet, every Man, Woman and Child on it, and your own destiny for the next endless trillions of years depend on what you do here and now with and in Scientology.

This is a deadly serious activity. And if we miss getting out of the trap now, we may never again have another chance."

This is what every Scientologist is required to believe. Can it be any different for me, and can this country's courts abet those who would suppress Scientologists in preventing me from doing with and in Scientology what is necessary to get them and their trapped adherents out of "the trap?" Both by God's Will and by Scientology's own writings and logic I will speak and act freely.

11. My decision to help Vicki and Richard Aznaran in 1991 (Scientology's fourth cause of action), and David Mayo in 1992 (Scientology's eleventh cause of action), flowed from the same Source as my decision to help Ford Greene in his battle against the suppression of Scientology, and the decision to speak out against suppression if such speaking is God's Will. In a declaration, a copy of which is appended hereto as Exhibit J, which I wrote and executed July 19, 1991 to assist attorney Joseph A. Yanny in a lawsuit by Scientology falsely charging him with representing me in my own Scientology litigation, I stated what I

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understood at that time to be our God-given nature to help.

"But more than a desire to protect myself or right the organization's unjust acts towards me, however, I helped Mr. Yanny for the simple reason that he asked. I will do the same for anyone. The organization is aware of this fact because it received my letter of June 21, 1991. . . .It is not only the right of all men to respond to requests for help, it is our essence. If I was induced, therefore, to help Mr. Yanny, or anyone else, it is our Creator Who induced me.

. . . .

I know that I am sustained completely by the Great Coordinator Who sends to me whomever He wants me to help. I therefore cannot be induced by money or whatever anyone can offer me." Ex. J, pp.7-9.

God is our help, and He created us in His image. Can we, therefore, be other than help. Appended hereto as Exhibit K is a copy of my letter of June 21, 1991 to Scientology attorney Eric Lieberman referred to above.

12. I am aware that Judge Sohigian's injunction of May 28, 1992 prohibits me from helping a certain special class of people. Scientology has repeatedly tried to have me jailed for contempt for providing what it charged was such "help," so my understanding of the class the Sohigian injunction prohibits me from help is very clear. The order of Los Angeles Superior Court Judge Diane Wayne dated July 28, 1994 discharging all of Scientology's contempts against me is appended hereto as Exhibit L.

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Scientology's actual purpose in having me jailed is shown in another "Upper Level" "scripture," Hubbard Communications Office Bulletin October 1, 1969 "Why Thetans Mock Up," a copy of which is appended hereto as Exhibit M. Hubbard writes:

"Jail denies a thetan (Scientology term for "being") all spaces except where he has been placed and note that thetans are made very miserable in jail. Jailing is a sure way to confirm criminals and also to make them crazy as well." Ex. M at p. 2.

It is indicative of its nature that Scientology sought to have me jailed not for perjury or some other crime, but for speaking the truth and helping my fellows. Thankfully, since Judge Sohigian's order I have riot been called upon to help any of the special class which his order prohibits me from helping. Nevertheless, the Sohigian injunction is itself a violation of a higher order, God's Injunction to love each other, and surely to help those oppressed. Rev. Martin Luther King's words, quoted in today's San Francisco Chronicle, are fitting for the instant Scientology battle:

"Oppressed people cannot remain oppressed forever." Ex N.

If we are jailed for helping the little ones, the oppressed, or even if we are killed by the oppressors, God's Will be done.

I declare under the penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed at San Anselmo, California, on January 16, 1995.
[signed] G. Armstrong
GERALD ARMSTRONG

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CT 7408

PROOF OF SERVICE

I am employed in the county of Marin, State of California. I am over the age of eighteen years and not a party to the above entitled action. My business address is 711 Sir Francis Drake Boulevard, San Anselmo, California 94960. I served the foregoing documents) described as:

ARMSTRONG'S SUPPLEMENTAL DECLARATION IN OPPOSITION TO SCIENTOLOGY'S MOTION FOR SUMMARY ADJUDICATION OF THE FOURTH, SIXTH AND ELEVENTH CAUSES OF ACTION OF SECOND AMENDED COMPLAINT; ARMSTRONG'S EVIDENCE IN SUPPORT OF SUPPLEMENTAL DECLARATION

on the following persons on the date set forth below, by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid to be placed in the United States Mail at San Anselmo, California:

Laurie J. Bartilson, Esquire BOWLES & MOXON 6255 Sunset Boulevard, Suite 2000 Los Angeles, CA 90028	MAIL DECLARATION BY FAX
Michael L. Walton, Esquire P.O. Box 751 San Anselmo, CA 94979	MAIL
[X] (By Mail)	I caused such envelope with postage thereon fully prepaid to be placed in the United States Mail at San Anselmo, California.
[  ] (Personal)	I caused said papers to be personally served on the office of counsel.
[X] (State)	I declare under the penalty of perjury under the laws of the State of California that the above is true and correct.
DATED: January 19, 1995

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CT 7409

Ford Greene California State Bar No. 107601 HUB LAW OFFICES 711 Sir Francis Drake Boulevard San Anselmo, California 94960-1949 Telephone: 415.258.0360 Telecopier: 415.456.5318 Attorney for Defendants GERALD ARMSTRONG and THE GERALD ARMSTRONG CORPORATION	FILED JAN 19 1995 HOWARD HANSON MARIN COUNTY CLERK
SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF MARIN
CHURCH OF SCIENTOLOGY INTERNATIONAL, a California not-for-profit religious corporation, Plaintiff, vs. GERALD ARMSTRONG; MICHAEL WALTON; THE GERALD ARMSTRONG CORPORATION a California for-profit corporation; DOES 1 through 100, inclusive, Defendants.	) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )	No. 157 680 ARMSTRONG'S EVIDENCE IN SUPPORT OF SUPPLEMENTAL DECLARATION IN OPPOSITION TO SCIENTOLOGY'S MOTION FOR SUMMARY ADJUDICATION OF THE FOURTH, SIXTH AND ELEVENTH CAUSES OF ACTION OF SECOND AMENDED COMPLAINT Date: 1/27/95 Time: 9:00 a.m. Dept: One Trial Date: May 18, 1995

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CT 7410

Exhibit A: "Operating Thetan Section III," by L. Ron Hubbard (Handwritten and typed versions)

Exhibit B: Excerpt, Dianetics and Scientology Technical Dictionary, Bridge Publications, 1982

Exhibit C: Declaration of Michael Rinder executed October 27, 1994, and filed in Scientoloqy v. Steven Fishman and Uwe Geertz, US District Court for the Central District of California, No. 91-6426-HLH (Tx)

Exhibit D: Declaration of Robert Vaughn Young, executed December 14, 1994

Exhibit E: Declaration of Stacy Brooks Young, executed December 14, 1994

Exhibit F: Excerpt, Webster's Third New International Dictionary of the English Language Unabridged, Merriam-Webster, Inc., 1981

Exhibit G: "The Creed of the Church of Scientology" published in What is Scientology, Bridge Publication, 1992

Exhibit H: Excerpt, Revised Bylaws of Church of Scientology International, amended April 10, 1994

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CT 7411

Exhibit I: Hubbard Communications Office Policy Letter of February 7, 1965, by L. Ron Hubbard, Corrected and Reissued October 12, 1985, "Keeping Scientology Working," published in The Organization Executive Course an Encyclopedia of Scientology Policy, Basic Staff Volume 0, Bridge Publications, Inc., 1986

Exhibit J: Declaration of Gerald Armstrong executed July 19, 1991

Exhibit K: Letter from Gerald Armstrong to Eric Lieberman, dated June 21, 1991

Exhibit L: Ruling of Judge Diane Wayne filed July 28, 1994 in Scientology v. Armstrong, Los Angeles Superior Court No. BC 052395 (now Marin Superior Court No. 157680)

Exhibit M: Hubbard Communications Office Bulletin of October 1, 1969, by L. Ron Hubbard, "Why Thetans Mock Up"

Exhibit N: Excerpt, article "5 Who Share the Legacy of Rev. King," San Francisco Chronicle, January 16, 1995

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