Declaration of Andrew H. Wilson In Opposition To Appellant's Request For Extension Of Time To File Opening Brief

Armstrong 4

ANDREW H. WILSON, ESQ., SBN 063209
LINDA M. FONG, ESQ ., SBN 124232
WILSON CAMPILONGO LLP
115 Sansome Street, Suite 400
San Francisco, California 94104
(415) 391-3900
(415) 954-0938 (fax)

KENDRICK MOXON, ESQ., SBN 128240
MOXON & BARTILSON
6255 Sunset Boulevard, Suite 2000
Hollywood, CA 90028
(213) 953-3360
(213) 953-3351 (fax)

Attorneys for Plaintiff
CHURCH OF SCIENTOLOGY INTERNATIONAL

CALIFORNIA COURT OF APPEAL

FIRST APPELLATE DISTRICT

DIVISION FOUR

 

CHURCH OF SCIENTOLOGY INTERNATIONAL, a California not-for-profit religious corporation;

Plaintiff and respondent,

vs.

GERALD ARMSTRONG,

Defendant and Appellant.

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Appeal No. A075027

Marin County Superior
Court No. 157680

DECLARATION OF ANDREW H. WILSON IN OPPOSITION TO APPELLANT'S REQUEST FOR
EXTENSION OF TIME TO FILE

ANDREW H. WILSON deposes and says:

    1. My name is Andrew H. Wilson and I am an attorney licensed to practice before all Courts of the State and have my business address at 115 Sansome Street, 4th Floor, San Francisco, CA 94104. I am one of the attorneys for Plaintiff Respondent in the referenced matter and was one of the attorneys for Plaintiff below. I have personal knowledge of the facts set forth in this Declaration and could competently testify thereto if called as a witness.

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2. On October 17, 1995 the Court below entered an Order of Permanent Injunction against Defendant Gerald Armstrong following a Motion for Summary Adjudication brought by Plaintiff. This Order was later incorporated into a Judgment entered against Mr. Armstrong on May 2, 1996 (the "Judgment"). One of the prohibitions contained in the Order was against Armstrong assisting persons involved in litigation with certain designated " beneficiaries" of the Order, one of whom was Religious Technology ("RTC"). Despite the injunction Armstrong did render such assistance by writing and filing a lengthy declaration in three cases currently pending in United States District Court for the Northern District of California (RTC v. Erlich,Action No. C95-20091 RMW; RTC v. Henson, Action No. C96-20271 RMW; RTC v. Ward. Action No. C96-20207 RMW).

    3. As a result of the above, Plaintiff procured an Order to Show Cause against Armstrong which Order required Armstrong to appear and show cause as to why he should not be held in contempt for violation of the Order. Despite numerous attempts, it was not possible to personally serve Armstrong with the Order to Show Cause. Consequently, Plaintiff procured an Order for Service by Publication of the Order to Show Cause which service was completed and a hearing on the Order to Show Cause was held on May 23, 1997.

    4. At that hearing, the Honorable Gary W. Thomas issued an oral Order holding Mr. Armstrong in contempt and requested me to prepare a written Order for his signature. Attached hereto as Exhibit A [1] is a true and correct copy of the Order which was executed by Judge Thomas and filed on June 5, 1997 is attached hereto and incorporated herein by reference.

    5. The "threats from the Scientology organization" to which Mr. Armstrong refers in paragraph three of his Declaration are nothing more than correspondence which I had directed to Mr. Armstrong relating to his violations of the Order and threats to bring contempt proceedings if this conduct did not cease. It is apparent that Armstrong fled the area in order to avoid the service of the Order to Show Cause upon him and remains in hiding in order to avoid the $1,000.00 fine and two day imprisonment sanction which Judge Thomas imposed upon him.

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 I declare under penalty of perjury that the foregoing is true and correct and that this Declaration was executed on June 3, 1997 at San Francisco, California.

[signed]
ANDREW H. WILSON

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[1] Exhibit A
a) The Injunction
b) The Judgment