Order Re Summary Judgment
Armstrong 49652
| ANDREW H. WILSON, ESQ., State Bar #063209 LINDA M. FONG, ESQ., State Bar #124232 WILSON, RYAN & CAMPILONGO 115 Sansome Street, Suite 400 San Francisco, California 94104 (415) 391-3900 (415) 954-0938 (fax) LAURIE J. BARTILSON, ESQ., State Bar #139220 MOXON & BARTILSON 6255 Sunset Boulevard, Ste. 2000 Hollywood, CA 90028 (213) 960-1936 (213) 953-3351 (fax) Attorneys for Plaintiff CHURCH OF SCIENTOLOGY INTERNATIONAL |
[stamp] FILED JAN 30 1996 HOWARD HANSON MARIN COUNTY CLERK BY: E. Keswick Deputy |
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF MARIN
| CHURCH OF SCIENTOLOGY INTERNATIONAL, a California not-for-profit religious corporation, Plaintiff, v. GERALD ARMSTRONG, et al., Defendants. |
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Case No. 157 680 [CONSOLIDATED] [Initial GWT] [PROPOSED] ORDER RE MOTION OF PLAINTIFF FOR [HW] Sum of Adj of ISSUES DEPT : 1 [HW] Summary of Adjudication Trial Date: None |
This matter came on for hearing on December 1, 1995, on motionof Plaintiff Church of Scientology International for (1) Summary Adjudication of the First Cause of Action of Armstrong's First Amended Complaint; (2) Severance; (3) Dismissal of Unadjudicated Claims; and (4) Entry of Final Judgment.
Plaintiff Church of Scientology International appeared by its attorneys, Andrew H. Wilson of Wilson, Ryan & Campilongo and Laurie J. Bartilson of Moxon & Bartilson. Defendant Armstrong appeared by his attorney, Ford Greene. Having read and considered the moving and opposing papers, and the evidence and arguments presented therein and at the hearing, and good cause appearing:
IT IS ORDERED:
1. The Motion of Plaintiff for Summary Adjudication of the First Cause of Action of the Armstrong's First Amended Cross-complaint is DENIED. As to the first cause of action of defendant's cross-complaint, plaintiff has failed to meet its burden of showing that the Court has determined the enforceability of paragraphs 7I and 18E of the Settlement Agreement. The motions directed at the fourth, sixth, thirteenth, sixteenth, seventeenth and nineteenth causes of action only involved paragraph 7D of the Settlement Agreement. (See plaintiff's Exhibits C and D to Request for Judicial Notice.) Defendant does not dispute that "paragraphs 4A and 4B concern an appeal which has already become final, and as a to which no rights, duties or obligations could be enforced in the future." (See plaintiff's Separate Statement of Undisputed Facts, Number 3) The Order of Permanent Injunction did not find violations of paragraphs 7I and 18E. (See plaintiff's Request for Judicial Notice, Exhibit E, p. 2, ¶4.);
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2. Plaintiff's motion is sever is GRANTED. The Fraudulent Conveyance Action (original Marin County Superior Court Case No.157680) is severed from the Breach of Contract Action (original Marin County Superior Court Case No. 152229, also Los Angeles Superior Court Case No. BC 052395). Further, all activity in the Fraudulent Conveyance Action is STAYED during the pendency of Armstrong's bankruptcy case;
3. The first, second, third, fifth, seventh, eighth, ninth, tenth, eleventh, twelfth, fourteenth, fifteenth and eighteenth causes of action of plaintiff's Second Amended Complaint for breach of contract are DISMISSED without prejudice, pursuant to C.C.P. §581(c);
4. The Clerk of the Court is directed to ENTER FINAL JUDGMENT in favor of plaintiff in accordance with the Orders of Summary Adjudication and Permanent Injunction attached hereto as Exhibits A, B and C;
5. Plaintiff, Church of Scientology International, is ADJUDICATED the prevailing party in this action, pursuant to Civil Code Section 1717, and is awarded its attorney's fees and costs pursuant to that section and the contract between the parties.
| Dated: 1 - 24, 1996 | [stamp] GARY W. THOMAS GARY W. THOMAS JUDGE OF THE SUPERIOR COURT |
Laurie Bartilson
MOXON & BARTILSON
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WILSON, RYAN & CAMPILONGOBY: [signed] Andrew H. Wilson
Andrew H. Wilson
Attorneys for Plaintiff
CHURCH OF SCIENTOLOGY
INTERNATIONAL
APPROVED AS TO FORM:
By: Ford Greene, Esq.
HUB LAW OFFICES
Attorney for Defendants
GERALD ARMSTRONG and THE GERALD
ARMSTRONG CORPORATION
By: Michael Walton, Esq.
Attorney for Defendants MICHAEL
WALTON and SOLINA WALTON
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WILSON, RYAN & CAMPILONGOBy: Andrew H. Wilson
Attorneys for Plaintiff
CHURCH OF SCIENTOLOGY
INTERNATIONAL APPROVED AS TO FORM:
By: [signed] Ford Greene
Ford Greene, Esq.
HUB LAW OFFICES
Attorney for Defendants
GERALD ARMSTRONG and THE GERALD
ARMSTRONG CORPORATION
By: Michael Walton, Esq.
Attorney for Defendants MICHAEL
WALTON and SOLINA WALTON
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