Ruling re motion to set evidentiary hearing

CSI v. Gerald Armstrong, Robert Minton, Lisa McPherson Trust

MARIN SUPERIOR COURT

DATE:10/05/07     TIME: 9:00 A.M.     DEPT: L     CASE NO: CV021632

PRESIDING: HON. LYNN DURYEE
REPORTER: DEBORAH BARTUNEK
CLERK: JANET MINKIEWICZ

PLAINTIFF: CHURCH OF SCIENTOLOGY INTERNATIONAL
vs.
DEFENDAN T: GERALD ARMSTRONG, ET AL

NATURE OF PROCEEDINGS: MOTION    TO SET EVIDENTIARY HEARING PURSUANT TO CCP SEC. 1670.5... TO STAY SCIENTOLOGY'S MOTION TO REINSTATE JAIL...; TO STAY ALL OTHER ACTIONS AGAINST DEFENDANT [DEFT] GERALD ARMSTRONG

RULING

DEFENDANT'S MOTION FOR AN EVIDENTIARY HEARING, PURSUANT TO CIV. CODE § 1670.5, IS DENIED.

THE JUDGMENT IN FAVOR OF PLAINTIFF ON ITS ACTION FOR BREACH OF THE SETTLEMENT AGREEMENT, IS FINAL AND BINDING ON DEFENDANT.

ALSO, DEFENDANT IS BARRED FROM RAISING DEFENSES TO THE ENFORCEABILITY OF THE SETTLEMENT AGREEMENT BY THE DOCTRINES OF RES JUDICATA, AND LAW OF THE CASE.