03/22/2004 16:10 14154997897 MARIN SUPERIOR COURT PAGE01/01

MARIN SUPERIOR COURT

NATURE OF PROCEEDINGS: MOTION FOR SUMMARY JUDGMENT (PLTF) CHURCH OF SCIENTOLOGY INTERNATIONAL

RULING

PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT IS DENIED. PLAINTIFF HAS NOT MET ITS BURDEN OF SHOWING IT IS ENTITLED TO PREVAIL IN THIS ACTION. PLAINTIFF HAS NOT ESTABLISHED THAT EACH OF THE INCIDENTS UPON WHICH THIS ACTION IS BASED ARE VIOLATIONS OF PARAGRAPH 7(D) OF THE SETTLEMENT AGREEMENT. EVEN IF THE COURT WERE TO ACCEPT THAT THE 131 POSTINGS UPON WHICH THE CONTEMPT FINDING WAS BASED CONSTITUTE VIOLATIONS OF THAT PROVISION BASED UPON DEFENDANT'S FAILURE TO
DISPUTE FACT 8, PLAINTIFF HAS NOT MET ITS BURDEN AS TO THE REMAINING 70 INCIDENTS. FACT 11, THE ONLY FACT WHICH ADDRESSES ALL 201 VIOLATIONS, IS SUPPORTED BY PARAGRAPH 14 OF DEFENDANT'S ANSWER. DEFENDANT DOES NOT ADMIT IN THAT PARAGRAPH THAT HE COMMITTED THE 201 ACTS OR THAT SUCH ACTS CONSTITUTE A BREACH OF PARAGRAPH 7(D). ALTHOUGH DEFENDANT STATES THAT FACT 11 IS UNDISPUTED, THIS AT MOST SHOWS THAT HE ADMITS THAT EACH OF THE 201 INCIDENTS OCCURRED. EXAMINATION OF
EXHIBIT E TO THE COMPLAINT, WHICH BRIEFLY DESCRIBES EACH OF THE 201 INCIDENTS, REVEALS MANY INCIDENTS WHICH DO NOT APPEAR ON THEIR FACE TO VIOLATE PARAGRAPH 7(D) (E.G., PICKETING, OFFERING TO PROVIDE TESTIMONY OR DECLARATION, STATING HE WILL TELL RUSSIANS ABOUT SCIENTOLOGY, PARTICIPATING IN A CEREMONY, "CALL[ING] IN TO A RADIO SHOW," ETC.).