ANDREW H. WILSON, SBN 63209
WILSON CAMPILONGO LLP
475 Gate Five Road, Suite 212
Sausalito, CA 94965-1475
Telephone: (415) 289-7100
Facsimile: (415) 289-7110

Attorney for Plaintiff
CHURCH OF SCIENTOLOGY INTERNATIONAL

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF MARIN

Plaintiff, Church of Scientology International (hereinafter "Church" or "Plaintiff"), hereby applies Ex Parte for an order permitting it to file a response to the Opposition of Defendant, Gerald Armstrong (hereinafter "Armstrong" of "Defendant"), to Motion for Summary Judgment, received by Plaintiff's counsel on March 8, 2004.

This Application is made on the grounds that because the Opposition was received by Plaintiff on March 8, 2004, and the reply is due March 11, 2004, leave of court is requested for the filing of Plaintiff's reply after that date.

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This Application is based on this Application itself, the concurrently filed Declaration of Andrew H. Wilson, the records on file in this case; and such further evidence and argument as may be properly presented at the hearing of this Application.

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DECLARATION OF ANDREW H. WILSON

I, ANDREW H. WILSON, declare as follows:

1. My name is Andrew H. Wilson. I am the attorney of record representing the Plaintiff in the instant action. I have personal knowledge of the documents and underlying facts surrounding said documents as stated herein and could competently testify thereto if called as a witness herein.

2. On March 8, 2004, I received the Opposition of Defendant Gerry Armstrong to Motion for Summary Judgment; Defendant's Separate Statement of Disputed and Undisputed Facts and Supporting Evidence in Opposition to Motion for Summary Judgment; and Declaration of Defendant Gerry Armstrong in Support of Opposition to Motion for Summary Judgement; Separate Statement.

3. As a result of not receiving Defendant's opposition paper's until March 8, 2004, Plaintiff has determined that it will be unable to prepare a reply by the due date of March 11, 2004, and requested that it be permitted to file reply papers no later than March 15, 2004.

4. On March 10, 2004, I prepared and emailed a letter to Defendant, advising him of my intention to file an Ex Parte Motion requesting additional time to file Plaintiff's reply. Mr. Armstrong replied, requesting that I email him the brief, which I agreed to do. Attached hereto and incorporated herein as Exhibit "A" are true and correct copies of these communications.

I declare under penalty of perjury pursuant to the laws of the State of California that the foregoing is true and correct. Executed this 11th day of March 2004, at Sausalito, California.

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PROOF OF SERVICE

I, the undersigned, declare:

I am employed in the County of Marin, State of California. I am over the age of 18 and not a party to the within action; my business address is 475 Gate 5 Road, Suite 212, Sausalito, California 94965.

On March 11, 2004, I served the foregoing document(s) described as follows:

EX PARTE APPLICATION FOR ORDER PERMITTING PLAINTIFF'S LATE FILING OF RESPONSE TO DEFENDANT'S OPPOSITION TO MOTION FOR SUMMARY JUDGMENT; DECLARATION OF ANDREW H. WILSON

on the interested parties in this action by placing true copies thereof enclosed in sealed envelopes addressed as stated on the attached service list, as follows:

XX BY U.S. MAIL:

XX BY FEDERAL EXPRESS OR OVERNIGHT COURIER

      BY HAND DELIVERY

Gerald Armstrong
1UP-45950 Alexander Avenue
Chilliwack, B.C. V2P 1L5
Canada

Executed on March 11, 2004, at Sausalito, California

XX (State) I declare under penalty of perjury under the laws of the State of California that the above is true and correct.

      (Federal) I declare that I am employed in the office of a member of the bar of this Court at whose direction the service was made.

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