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DEPT. 86
SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES
| Date: July 29, 1994 |
|
|
| Honorable |
Diane Wayne, Judge |
I.R. MATTHEWS-DOTY |
,Deputy Clerk |
| #2 |
NONE |
NONE |
,E.R.M. |
| BC052395 |
(Parties and Counsel
checked if present) |
CHURCH OF SCIENTOLOGY INTERNATIONAL,
ETC., ET AL |
Counsel For
Plaintiff |
| vs. |
no appearance |
| GERALD ARMSTRONG, ET AL |
Counsel For
Defendant |
NATURE OF PROCEEDINGS
The Court, on 7-28-94, having taken plaintiff's OSC re contempt under
submission now rules as follows on the matter submitted:
OSC for Contempt: Deny
This court finds that there was a valid order issued
on May 28, 1992
(hereinafter referred to as the "
Order")
pursuant to the opinion of the
Court of Appeals, Second Appellate District, May 16, 1994. Pursuant to
stipulation the defendant was properly served with the order and had the
ability to comply with the order.
The request for contempt concerns three areas of activity
alleged to
have been engaged in by the Respondent: (1) the Aznaran, litigation,
(2) the Wollersheim litigation; and (3) the Roberts litigation. This
court finds that Moving Party had not demonstrated beyond a reasonable
doubt that the Responding Party has violated the Order.
1. The Aznaran Litigation
Moving party argues that based on deposition testimony
of Respondent
(Ex. 14), he has violated the order by assisting in a lawsuit against
the Church of Scientology prosecuted by the Aznarans. In that testimony
taken on October 8, 1992 Respondent indicates that he had conversations
with the Aznarans regarding their case after the date of the Order.
However, no where is it suggested that any of those
conversations
were for the purposes of "assisting" in their claims. And, it appears
that any such conversation could have been associated with his
ministerial duties as a paralegal in the office of his employer. It
should be noted that the Order specifically permits Respondent to engage
in such employment and does not "wall" him off from all such litigation.
PAGE 1 OF 3
Dept. 86 Minutes Entered:
July 29,1994
DEPT. 86
SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES
| Date: July 29, 1994 |
|
|
| Honorable |
Diane Wayne, Judge |
I.R.
MATTHEWS-DOTY |
,Deputy Clerk |
| #2b |
NONE |
NONE |
,E.R.M. |
| BC052395 |
(Parties and Counsel
checked if present) |
CHURCH OF SCIENTOLOGY INTERNATIONAL,
ETC., ET AL |
Counsel For
Plaintiff |
| vs. |
no appearance |
| GERALD ARMSTRONG, ET AL |
Counsel For
Defendant |
NATURE OF PROCEEDINGS
Laurie Bartilson, an attorney for Moving Party, also
testified that
in July 1992 she received a telephone call from Respondent in relation
to a Change of Venue order in the Aznaran litigation. She testified
that during that conversation Respondent indicated that he was assisting
the Aznarans in the litigation. However, court documents conclusively
demonstrate that the venue order was not granted until August 28, 1992
suggesting that her recollection of the conversation was flawed.
2. The Wollersheim Litigation
Moving party argues that the affidavit submitted in
the Wollersheim
litigation violated the order. Ex. 19. Clearly it would be
impermissible for Respondent to have participated in that litigation if
Wollersheim had been the prosecuting party. However, in the litigation
in which the affidavit was used, the Church of Scientology was the
plaintiff and Wollersheim was the defendant. This did not violated the
prohibition of assisting in a claim "against" the church.
3. The Roberts Litigation
As demonstrated by Ex. 11 and 12 Respondent participated in the
Roberts litigation to the extent that he executed two proofs of service
in that matter. Such conduct was ministerial in nature and does not
violate the prohibition against assisting in litigation.
Moving party also suggests that the Order was violated
by
conversations Respondent had with Roberts regarding his case. Ex. 8 and
the deposition of October 8, 1992. However, it appears that those
conversations took place prior to the order.
And finally, when read in its totality, the
letter of December 22,
1992 (Ex. 9) does not amount to activity which "assists" in litigation
on
behalf of Roberts.
PAGE 2 OF 3
Dept. 86 Minutes
Entered:
July 29,1994
DEPT. 86
SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES
| Date: July 29, 1994 |
|
|
| Honorable |
Diane Wayne, Judge |
I.R.
MATTHEWS-DOTY |
,Deputy Clerk |
| #2c |
NONE |
NONE |
,E.R.M. |
| BC052395 |
(Parties and Counsel
checked if present) |
CHURCH OF SCIENTOLOGY
INTERNATIONAL,
ETC., ET AL |
Counsel For
Plaintiff |
| vs. |
no appearance |
| GERALD ARMSTRONG, ET AL |
Counsel For
Defendant |
The OSC and the Citee, Gerald Armstrong, are discharged.
A copy of this minute order is sent to counsel appearing 7-28-94
via
U.S. Mail addressed as follows:
MICHAEL L. HERTZBERG, ESQ.
740 BROADWAY 5TH FLOOR
NEW YORK CITY, N.Y.
10003 |
ANDREW H. WILSON, ESQ.
235 MONTGOMERY STREET
STE. 450
SAN FRANCISCO, CALIF.
94104
|
LAURIE J. BARTILSON, ESQ.
6255 SUNSET BLVD.
STE. 2000
HOLLYWOOD, CALIF. 90028
|
FORD GREENE, ESQ.
711 SIR FRANCIS DRAKE BLVD.
SAN ANSELMO, CALIF.
94960
|
PAGE 3 OF 3
Dept. 86 Minutes Entered:
July 29,1994
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