9780

	SUPERIOR COURT, MARIN COUNTY, CALIFORNIA LAW & MOTION, CIVIL CALENDAR RULINGS	PAGE: 2-A
TIME: 9:00 JUDGE: GARY W. THOMAS	DATE: MARCH 8, 1996 REPORTER:  J. KNETZGER	DEPT: 1 CLERK: L. MORRIS
CASE NO: 157680	TITLE OF ACTION: CHURCH OF SCIENTOLOGY V. ARMSTRONG

---

[Initial CLS LM]

PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT ON THE CROSS-COMPLAINT IS GRANTED. AS PREVIOUSLY RULED BY THE COURT, PLAINTIFF'S EVIDENCE SHOWS THAT THIS COURT HAS DETERMINED THE ENFORCEABILITY OF PARAGRAPHS 7D, 7E, 7G, 7H, 10, AND 18D. (SEE FACT 2 AND EXS. RJN C-E.) FURTHER, DEFENDANT DOES NOT DISPUTE THAT "(P]ARAGRAPHS 4A AND 4B CONCERN AN APPEAL WHICH HAS ALREADY BECOME FINAL, AND AS TO WHICH NO RIGHTS, DUTIES OR OBLIGATIONS COULD BE ENFORCED IN THE FUTURE." (SEE UNDISPUTED FACT 3.) WITH RESPECT TO PARAGRAPHS 7I AND 18E, THE UNDISPUTED EVIDENCE SHOWS THAT THERE IS NO PRESENT OR PROBABLE FUTURE CONTROVERSY INVOLVING THOSE PARAGRAPHS. (SEE UNDISPUTED FACTS 5-7.) THUS, THERE IS NO BASIS REMAINING FOR DEFENDANT'S DECLARATORY RELIEF CAUSE OF ACTION.

[Handwritten] Matter is argued. Tentative ruling becomes final.

Status conference of 3/11/96 is vacated.