ANDREW H. WILSON, SBN 63209
SHAUNA T. RAJKOWSKI, SBN 148239
WILSON CAMPILONGO LLP
475 Gate 5 Road, Suite 212
Sausalito, CA 94965

Telephone (415) 289-7100
Facsimile (415) 289-7110

Attorneys for Plaintiff and Judgment Creditor
CHURCH OF SCIENTOLOGY INTERNATIONAL

SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF MARIN

I. INTRODUCTION

Plaintiff/Judgment Creditor Church of Scientology International ("CSI") has applied for and received an order directing Defendant/Judgment Debtor Gerald Armstrong ("Armstrong") to show cause why he should not be held in contempt of this Court, pursuant to section 1209(a)(5) of the California Code of Civil Procedure, for Armstrong's willful defiance of this Court's October 17, 1995 Order of Permanent Injunction (the "Injunction"). Plaintiff provided conclusive proof that Armstrong -- who has twice previously been found in contempt of the Injunction -- has continued to openly flout the authority of this Court, violating the Injunction issued by this Court in numerous respects.

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Armstrong has twice previously violated the Injunction and been held in contempt of this Court on each such occasion. Unfortunately, though bench warrants have been issued, Armstrong has fled the jurisdiction to avoid the consequences of his acts, all the while piously complaining that the Injunction is illegal.

II. ARGUMENT

Armstrong's recently filed OPPOSITION TO ORDER TO SHOW CAUSE RE CONTEMPT ("Opposition") has removed any doubt that the Court should find Armstrong in contempt. His principal argument is that plaintiff and its counsel lied to the Court when they informed the Court that there was no appeal. In fact, there was none. Armstrong's appeal was dismissed when the Court of Appeal granted plaintiff's motion to dismiss on the ground that Armstrong was not entitled to pursue an appeal because of his previous, repeated flaunting of the Injunction. Declaration of Andrew H. Wilson, Exhibit [A]. Armstrong attempts to make it appear that the Injunction is somehow not final, when it is perfectly clear that the Injunction is final and no longer subject to any attack.

Paragraphs 5 and 6 of the Declaration of Gerald Armstrong attack the declaration filed by plaintiff on the basis that it mistates the number of times Armstrong violated the injunction. Instead of the 131 Internet postings which formed the basis of this contempt proceeding, Armstrong claims that there were in fact thousands of violations, though it is hard to tell just how many Armstrong is boasting of. One thing is clear: Armstrong has voluntarily submitted to this court a sworn statement which boasts that he has violated the Injunction "tens of thousands of times" since it was issued.

Armstrong next devotes several paragraphs to a description of the Lisa McPherson Trust and its goals and objectives. It is quite significant that Armstrong does not dispute making the trip to Florida and making the "speech" attributed to him. Who sponsored the gathering is irrelevant. What is relevant is that Armstrong has, once again, admitted the conduct he is accused of.

The balance of Armstrong's Declaration is devoted to a rehashing of the events surrounding the Settlement Agreement and Release, and the litigation which resulted

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rom his breaches of that agreement, liberally sprinkled with Armstrong's opinions of the Church of Scientology and references to other litigation and other matters which have absolutely nothing whatsoever to do with the issue at hand.

III. CONCLUSION

The showing made by plaintiff which supported this court's issuance of an order to show cause has not been refuted. There is overwhelming evidence which proves that Armstrong is guilty of the contempt with which he is charged. However, the Court does not have to rely at all on the showing made by plaintiff. Armstrong has intentionally and boastfully proven his own guilt and in effect has dared this Court not to find him guilty. The necessary action is clear. Armstrong must be found guilty of the contempt as charged.

In light of the foregoing, plaintiff Church of Scientology International respectfully requests that the Court adjudge Armstrong to be guilty of each of the separate acts of contempt set forth in Plaintiff's application.

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ANDREW H. WILSON, SBN 63209
SHAUNA T. RAJKOWSKI, SBN 148239
WILSON CAMPILONGO LLP
475 Gate 5 Road, Suite 212
Sausalito, CA 94965

Telephone (415) 289-7100
Facsimile (415) 289-7110

Attorneys for Plaintiff and Judgment Creditor
CHURCH OF SCIENTOLOGY INTERNATIONAL

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF MARIN

Andrew H. Wilson deposes and says:

1. My name is Andrew H. Wilson. I am a member of the Bar of the State of California and a partner in the firm Wilson Campilongo LLP, attorneys for plaintiffs in this action. My business address is 475b Gate Five Road, Suite 212, Sausalito, California, 94965. I have personal knowledge of the facts set forth in this declaration and could competently testify thereto.

2. Attached hereto as Exhibit [A] is a true and correct copy of order entered by the First Appellate District of the California Court of Appeal granting Respondent Church of Scientology International's motion to dismiss the appeal because of Armstrong's violation of the Injunction on the ground that Armstrong's violation of the Injunction

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disqualified Armstrong from appealing from it. Attached hereto as Exhibit [B] is the Motion to Dismiss Appeal which the order granted.

I declare that the foregoing is true and correct and that this Declaration was executed on January 12, 2001 in Sausalito, California.

[signed]

Andrew H. Wilson

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Exhibit [A]
In his declaration, Scientology attorney Wilson identifies Exhibit A as the Court of Appeal's grant of their Motion to Dismiss the Appeal. However, the document that he filed as Exhibit A was the Court of Appeal's Refusal of Respondent's Lodged Motion to Strike.

Exhibit [B]
Motion to Dismiss Appeal