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CT 7399

Ford Greene
California State Bar No. 107601
HUB LAW OFFICES
711 Sir Francis Drake Boulevard
San Anselmo, California 94960-1949
Telephone: 415.258.0360
Telecopier: 415.456.5318

Attorney for Defendants
GERALD ARMSTRONG and THE
GERALD ARMSTRONG CORPORATION

FILED

JAN 19 1995
HOWARD HANSON
MARIN COUNTY CLERK

 

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF MARIN

CHURCH OF SCIENTOLOGY INTERNATIONAL,
a California not-for-profit
religious corporation,

Plaintiff,

vs.

GERALD ARMSTRONG; MICHAEL WALTON;
THE GERALD ARMSTRONG CORPORATION
a California for-profit
corporation; DOES 1 through 100,
inclusive,

Defendants.


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No. 157 680

ARMSTRONG'S SUPPLEMENTAL
DECLARATION IN OPPOSITION
TO SCIENTOLOGY'S MOTION
FOR SUMMARY ADJUDICATION
OF THE FOURTH, SIXTH AND
ELEVENTH CAUSES OF ACTION
OF SECOND AMENDED
COMPLAINT

 

Date: 1/27/95
Time: 9:00 a.m.
Dept: One
Trial Date: May 18, 1995

 

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CT 7400

 

DECLARATION OF GERALD ARMSTRONG

I, Gerald Armstrong, declare:

1. I am making this declaration as a supplement to my

memorandum and supporting documents filed January 13, 1995 in

opposition to Scientology's pending motion for summary adjudication.

2. It was clear to me at the time of the settlement, and

has become even clearer with the passage of time and the

proliferation of litigation of the issue ever since then that the

"settlement agreement's" non-disclosure condition, an aspect of

which is the liquidated damages penalty, is impossible and legally

unenforceable. Many of the legal reasons, some of which I

understood at the time, and some of which developed over the years

since December, 1986, my attorney Ford Greene has dealt with in

the opposition. I am filing this supplemental declaration because

I believe what I have to say herein concerns and underlies all

aspects of this litigation and should be said.

3. Beyond and encompassing all reasons, the non-disclosure

condition is impossible and legally unenforceable because no

agency other than God can enforce it, He has not done so, and

nothing He says indicates that He will. It is inarguable that

potentially what I have to say, as with everyone else, which

Scientology seeks to silence in me and others, are God's words.

For that reason, beyond and encompassing the legal defense of that

reason, I cannot by Scientology be silenced. There is, I believe,

and pursuant to God's Word, a better chance for my words to be His

because I ask that they be.

 

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CT 7401

4. Scientology preaches to those who obey its orders, among

which number I was counted for many years, that God does not

exist, and that what should be sought, studied, sold and bought

for salvation, or "survival," is its mental "technology,"

"auditing." Appended hereto as Exhibit A are two copies of

Scientology's "OT III materials," both of which I studied while

inside the organization. One is handwritten by L. Ron Hubbard and

the other is typed from the handwritten original. They are part

of a larger body of writings called the "Upper Level" materials,

which are part of the whole body of L. Ron Hubbard's "technical"

writings. In the OT III materials, which are a central part of

Scientology's "technology," Hubbard states that God is an

"implant," (Ex. A at Bates-stamped pages 700681 and 700694) which

he defines as "a painful and forceful means of overwhelming a

being with artificial purpose or false concepts in a malicious

attempt to control and suppress him." This definition is provided

in Scientology's "Technical Dictionary," the relevant pages from

which are appended hereto as Exhibit B. The concept that God is an

"implant" is consistent with everything else I studied and the way

of thinking and the way of life ordered and enforced by the

organization while I was inside. Anyone who professed a belief in

God was, inside Scientology, considered and dealt with as if he

or she was "psychotic."

5. Appended hereto as Exhibit C is a declaration executed

October 27, 1994 by Michael Rinder, director of plaintiff

Scientology organization herein, and filed in the case of

Scientology v. Steven Fishman & Uwe Geertz, US District Court for

 

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CT 7402

the Central District of California No. 91-6426-HLH (Tx). Mr.

Rinder's declaration concerns "settlement" meetings he and fellow

Scientology director Michael Sutter had with former organization

executives Vaughn and Stacy Young. Mr. Rinder accuses me of being

psychotic because I converse with God. Ex. C, at 11:2-12. After

I received the declaration about a month ago I called Mr. Rinder,

and during our conversation he confirmed that what he meant was

that he considers that I am psychotic because I communicate with

God. Declarations by the Youngs providing their statement of

their meetings with Rinder and Sutter in response to the Rinder

declaration are appended hereto as Exhibits D and E. Stacy's

response to Rinder's charge that I am psychotic because I

communicate with God is at Ex. E, ¶ 33.

6. Theologically, Scientology, as it is now practiced, is

idolatry. Appended hereto as Exhibit F is a page from Webster's

Third New International Dictionary of the English Language

Unabridged which defines idolatry as: "the giving of absolute

religious devotion and ultimate trust to something that is not

God." Non-idolatry, that is to say, religion, says, believe in

God, seek God, trust God, look to God for understanding, serve

God, ask Him for wisdom, courage, and guidance, and do His Will.

Scientology says believe L. Ron Hubbard, study his technology,

serve the organization, and do its will. Within and under this

country's Constitution it is legally ridiculous that anyone free

to practice religion could not be adverse to, speak out

concerning, nor assist those adverse to, what is adverse to

religion - idolatry.

 

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CT 7403

7. Historically, Scientology is the product of the

cleverness of a man in opposition to the Will of God. In that it

is nothing new under the sun; yet even man's cleverness will be

used by God for His Purposes. This has happened with

Scientology's clever lawyers' clever "settlement agreement." I

have done nothing but be willing to be guided by God as He

unweaves the web Scientology's lawyers and leaders have woven, and

in which they have, by seeking to ensnare others, ensnared

themselves. It is wisdom as ancient as the silliness that gave

rise to its need that he who uses fair game becomes fair game.

God uses me to free the Scientologists by being free and speaking

freely. In that I am a Prophet to Scientology (PtS), for God

never stops bringing His Word to everyone, even those who in their

cleverness deny His Existence, and surely those they've snared and

oppressed.

8. Scientology's creed, a copy of which is appended hereto

as Exhibit G, this edition published in 1992 in Scientology's book

What is Scientology?, states:

"We of the Church believe:

That all men of whatever race, color or creed were

created with equal rights;

That all men have inalienable rights to their own

religious practices and their performance;

That all men have inalienable rights to their own lives;

That all men have inalienable rights to their sanity;

That all men have inalienable rights to their own

defense;

 

 

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CT 7404

That all men have inalienable rights to conceive,

choose, assist or support their own organizations,

churches and governments;

That all men have inalienable rights to think freely, to

talk freely, to write freely their own opinions and to

counter or utter or write upon the opinions of others;

. . . .

And that no agency less than God has the power to

suspend or set aside these rights, overtly or covertly."

The individuals who control Scientology and its litigation seek by

the "settlement agreement," by the power of our courts, and by

extrajudicial means, to deny me, and others, each of the

"inalienable rights" listed above. I do not seek to deny anyone

any of those rights. Who then is the Scientologist? Can any

court of man's laws prevent me from so practicing this religion or

opposing those who suppress it?

9. Plaintiff Scientology organization herein includes this

creed as Article IV in its By-Laws, a copy of the relevant pages

from which are appended hereto as Exhibit H. These By-Laws were

authenticated by Scientology Secretary Lynn Farny at his

deposition on July 12, 1994. Scientology's preamble to its creed

in its By-Laws states:

"The Church subscribes, and its object is and

purposes are that all Mankind may subscribe to and

practice the following Creed:

. . . . Ex. H, pp. 6-8.

10. One of the most quoted and revered writings of

 

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CT 7405

Scientology is Hubbard Communications Policy Letter of 7 February,

1965 "Keeping Scientology Working," a copy of which is appended

hereto as Exhibit I. At page 6 is the statement by L. Ron

Hubbard:

"The whole agonized future of this planet, every

Man, Woman and Child on it, and your own destiny for the

next endless trillions of years depend on what you do

here and now with and in Scientology.

This is a deadly serious activity. And if we miss

getting out of the trap now, we may never again have

another chance."

This is what every Scientologist is required to believe. Can it

be any different for me, and can this country's courts abet those

who would suppress Scientologists in preventing me from doing with

and in Scientology what is necessary to get them and their trapped

adherents out of "the trap?" Both by God's Will and by

Scientology's own writings and logic I will speak and act freely.

11. My decision to help Vicki and Richard Aznaran in 1991

(Scientology's fourth cause of action), and David Mayo in 1992

(Scientology's eleventh cause of action), flowed from the same

Source as my decision to help Ford Greene in his battle against

the suppression of Scientology, and the decision to speak out

against suppression if such speaking is God's Will. In a

declaration, a copy of which is appended hereto as Exhibit J,

which I wrote and executed July 19, 1991 to assist attorney Joseph

A. Yanny in a lawsuit by Scientology falsely charging him with

representing me in my own Scientology litigation, I stated what I

 

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CT 7406

understood at that time to be our God-given nature to help.

"But more than a desire to protect myself or right the

organization's unjust acts towards me, however, I helped

Mr. Yanny for the simple reason that he asked. I will

do the same for anyone. The organization is aware of

this fact because it received my letter of June 21,

1991. . . .It is not only the right of all men to respond

to requests for help, it is our essence. If I was

induced, therefore, to help Mr. Yanny, or anyone else,

it is our Creator Who induced me.

. . . .

I know that I am sustained completely by the Great

Coordinator Who sends to me whomever He wants me to

help. I therefore cannot be induced by money or whatever

anyone can offer me." Ex. J, pp.7-9.

God is our help, and He created us in His image. Can we,

therefore, be other than help. Appended hereto as Exhibit K is a

copy of my letter of June 21, 1991 to Scientology attorney Eric

Lieberman referred to above.

12. I am aware that Judge Sohigian's injunction of May 28,

1992 prohibits me from helping a certain special class of people.

Scientology has repeatedly tried to have me jailed for contempt

for providing what it charged was such "help," so my understanding

of the class the Sohigian injunction prohibits me from help is

very clear. The order of Los Angeles Superior Court Judge Diane

Wayne dated July 28, 1994 discharging all of Scientology's

contempts against me is appended hereto as Exhibit L.

 

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CT 7407

Scientology's actual purpose in having me jailed is shown in

another "Upper Level" "scripture," Hubbard Communications Office

Bulletin October 1, 1969 "Why Thetans Mock Up," a copy of which is

appended hereto as Exhibit M. Hubbard writes:

"Jail denies a thetan (Scientology term for

"being") all spaces except where he has been placed and

note that thetans are made very miserable in jail.

Jailing is a sure way to confirm criminals and also to

make them crazy as well." Ex. M at p. 2.

It is indicative of its nature that Scientology sought to have me

jailed not for perjury or some other crime, but for speaking the

truth and helping my fellows. Thankfully, since Judge Sohigian's

order I have riot been called upon to help any of the special class

which his order prohibits me from helping. Nevertheless, the

Sohigian injunction is itself a violation of a higher order, God's

Injunction to love each other, and surely to help those oppressed.

Rev. Martin Luther King's words, quoted in today's San Francisco

Chronicle, are fitting for the instant Scientology battle:

"Oppressed people cannot remain oppressed forever." Ex N.

If we are jailed for helping the little ones, the oppressed, or

even if we are killed by the oppressors, God's Will be done.

I declare under the penalty of perjury under the laws of the

State of California that the foregoing is true and correct.

Executed at San Anselmo, California, on January 16, 1995.

  [signed] G. Armstrong
GERALD ARMSTRONG
 

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CT 7408

PROOF OF SERVICE

I am employed in the county of Marin, State of

California. I am over the age of eighteen years and not a party

to the above entitled action. My business address is 711 Sir

Francis Drake Boulevard, San Anselmo, California 94960. I served

the foregoing documents) described as:

ARMSTRONG'S SUPPLEMENTAL DECLARATION IN OPPOSITION TO
SCIENTOLOGY'S MOTION FOR SUMMARY ADJUDICATION OF THE
FOURTH, SIXTH AND ELEVENTH CAUSES OF ACTION OF SECOND
AMENDED COMPLAINT; ARMSTRONG'S EVIDENCE IN SUPPORT OF
SUPPLEMENTAL DECLARATION

on the following persons on the date set forth below, by placing

a true copy thereof enclosed in a sealed envelope with postage

thereon fully prepaid to be placed in the United States Mail at

San Anselmo, California:

Laurie J. Bartilson, Esquire
BOWLES & MOXON
6255 Sunset Boulevard, Suite 2000
Los Angeles, CA 90028

 

MAIL
DECLARATION BY FAX
Michael L. Walton, Esquire
P.O. Box 751
San Anselmo, CA 94979
MAIL
[X] (By Mail)

I caused such envelope with postage thereon
fully prepaid to be placed in the United
States Mail at San Anselmo, California.

 

[  ] (Personal)

I caused said papers to be personally served
on the office of counsel.

 

[X] (State)

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

 

DATED: January 19, 1995  

 

 

 

 

   

 

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CT 7409

Ford Greene
California State Bar No. 107601
HUB LAW OFFICES
711 Sir Francis Drake Boulevard
San Anselmo, California 94960-1949
Telephone: 415.258.0360
Telecopier: 415.456.5318

Attorney for Defendants
GERALD ARMSTRONG and THE
GERALD ARMSTRONG CORPORATION

 

 

 
FILED
JAN 19 1995
HOWARD HANSON
MARIN COUNTY CLERK

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF MARIN

 

CHURCH OF SCIENTOLOGY INTERNATIONAL,
a California not-for-profit
religious corporation,

Plaintiff,

vs.

GERALD ARMSTRONG; MICHAEL WALTON;
THE GERALD ARMSTRONG CORPORATION
a California for-profit
corporation; DOES 1 through 100, inclusive,

Defendants.


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No. 157 680

ARMSTRONG'S EVIDENCE IN
SUPPORT OF SUPPLEMENTAL DECLARATION IN OPPOSITION
TO SCIENTOLOGY'S MOTION
FOR SUMMARY ADJUDICATION
OF THE FOURTH, SIXTH AND
ELEVENTH CAUSES OF ACTION
OF SECOND AMENDED
COMPLAINT

Date: 1/27/95
Time: 9:00 a.m.
Dept: One
Trial Date: May 18, 1995

 

 

Page 1.

ARMSTRONG'S SUPPELEMENTAL EVIDENCE RE SUMMARY ADJUDICATION
   

 

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CT 7410

Exhibit A






"Operating Thetan Section III," by L. Ron Hubbard

(Handwritten and typed versions)

 

Exhibit B






Excerpt, Dianetics and Scientology Technical

Dictionary, Bridge Publications, 1982

 

Exhibit C










Declaration of Michael Rinder executed October 27,

1994, and filed in Scientoloqy v. Steven Fishman

and Uwe Geertz, US District Court for the Central

District of California, No. 91-6426-HLH (Tx)

 

Exhibit D






Declaration of Robert Vaughn Young, executed

December 14, 1994

 

Exhibit E






Declaration of Stacy Brooks Young, executed

December 14, 1994

 

Exhibit F








Excerpt, Webster's Third New International

Dictionary of the English Language Unabridged,

Merriam-Webster, Inc., 1981

 

Exhibit G





"The Creed of the Church of Scientology" published

in What is Scientology, Bridge Publication, 1992

 

Exhibit H

 

Excerpt, Revised Bylaws of Church of Scientology

International, amended April 10, 1994

 

 

 

 

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ARMSTRONG'S SUPPLEMENTAL EVIDENCE RE SUMMARY ADJUDICATION
   

 

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CT 7411

Exhibit I

















Hubbard Communications Office Policy Letter of

February 7, 1965, by L. Ron Hubbard, Corrected and

Reissued October 12, 1985, "Keeping Scientology

Working," published in The Organization Executive

Course an Encyclopedia of Scientology Policy,

Basic Staff Volume 0, Bridge Publications, Inc.,

1986

 

Exhibit J






Declaration of Gerald Armstrong executed July 19,

1991

 

Exhibit K






Letter from Gerald Armstrong to Eric Lieberman,

dated June 21, 1991

 

Exhibit L










Ruling of Judge Diane Wayne filed July 28, 1994 in

Scientology v. Armstrong, Los Angeles Superior

Court No. BC 052395 (now Marin Superior Court No.

157680)

 

Exhibit M






Hubbard Communications Office Bulletin of October

1, 1969, by L. Ron Hubbard, "Why Thetans Mock Up"

 

Exhibit N

Excerpt, article "5 Who Share the Legacy of Rev.

King," San Francisco Chronicle, January 16, 1995

 

 

Page 3.

 

ARMSTRONG'S SUPPLEMENTAL EVIDENCE RE SUMMARY ADJUDICATION

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