Plaintiff's March 17, 2004 "Objections To and Motion to Strike Evidence Profferred by Gerry Armstrong In Support of Opposition to Motion for Summary Judgment" came on for hearing on March 23, 04. Mr. Armstrong requested time to file a response. The court granted Mr. Armstrong's request. Mr. Armstrong did not file a response within the time provided.

Accordingly, the court rules on plaintiff's objections as follows:

Mr. Armstrong's declaration, while full of impermissible argument, does contain facts responsive to plaintiff's motion for summary judgment. The court views the argumentative portions of the declaration as argument and not as fact. The court did

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not rely on Mr. Armstrong's declaration in reaching its decision on the motion for summary judgment. The motion to strike is denied.

STATE OF CALIFORNIA)
(COUNTY OF MARIN)

CHURCH OF SCIENTOLOGY INTERNATIONAL V. GERALD ARMSTRONG

ACTION # CV 021632

(PROOF OF SERVICE BY MAIL)

I AM A CITIZEN OF THE UNITED STATES AND AN EMPLOYEE OF THE MARIN COUNTY SUPERIOR COURT; I AM OVER THE AGE OF EIGHTEEN YEARS AND NOT A PARTY TO THE WITHIN ABOVE-ENTITLED ACTION; MY BUSINESS ADDRESS IS CIVIC CENTER, HALL OF JUSTICE, SAN RAFAEL, CA 94903. ON April 2,2004 I SERVED THE WITHIN ORDER AFTER HEARING IN SAID ACTION TO ALL INTERESTED PARTIES, BY PLACING A TRUE COPY THEREOF ENCLOSED IN A SEALED ENVELOPE WITH POSTAGE THEREON FULLY PREPAID, IN THE UNITED STATES POST OFFICE MAIL BOX AT SAN RAFAEL, CA, ADDRESSED AS FOLLOWS:

I CERTIFY (OR DECLARE), UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.