MARIN COUNTY COURTS
DATE:06/13/97 TIME: 9:00 A.M. DEPT NO: 1 CASE NO: 157680
PRESENT: HON. GARY W. THOMAS, JUDGE
| REPORTER: ELAINE PASSARIS | CLERK: LOUISE MORRIS | |
PLAINTIFF: CHURCH OF SCIENTOLOGY INTERNATIONAL
DEFENDANT:GERALD ARMSTRONG, ET |
| | | | | | | | | | |
[Handwritten:] Robert Taylor for deft Michael Walton |
NATURE OF PROCEEDINGS: WRIT OF ATTACHMENT HEARING
RULING
PLAINTIFF'S APPLICATION FOR A RIGHT TO ATTACH ORDER AND WRIT OF ATTACHMENT IS DENIED. PLAINTIFF HAS NOT ESTABLISHED THE PROBABLE VALIDITY OF ITS CLAIM THAT DEFENDANT TRANSFERRED THE SUBJECT PROPERTY TO WALTON "[W]ITH ACTUAL INTENT TO HINDER, DELAY, OR DEFRAUD" PLAINTIFF. PLAINTIFF'S OWN EVIDENCE SHOWS THAT DEFENDANT NEVER BELIEVED THE SETTLEMENT AGREEMENT WAS ENFORCEABLE AND THUS WOULD NOT HAVE EXPECTED PLAINTIFF WOULD BE ABLE TO RECOVER UNDER THE LIQUIDATED DAMAGES PROVISION. (SEE P'S EX. C AT 84:9-12, 86:8-12, 87:11-18, 102:21, 102:24, 103:18, 151:11-15.) IN FACT, PLAINTIFF DID NOT FILE ITS BREACH OF CONTRACT ACTION AGAINST DEFENDANT UNTIL FEBRUARY 1992 AND DID NOT PREVAIL ON ITS SUMMARY ADJUDICATION MOTIONS UNTIL 1995, WHILE THE TRANSFER OCCURRED IN AUGUST 1990. THUS, THIS SUPPORTS THE CONCLUSION THAT DEFENDANT GAVE AWAY HIS PROPERTY BECAUSE OF HIS CALLING FROM GOD RATHER THAN TO AVOID HIS OBLIGATIONS TO PLAINTIFF. (SEE P'S EX. A AT 78:7-12; EX. C AT 79:2-9; WALTON DECL.,¶8.)
[Handwritten:] The tentative ruling is argued and adopted
