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9780
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SUPERIOR COURT, MARIN COUNTY,
CALIFORNIA
LAW & MOTION, CIVIL CALENDAR
RULINGS
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PAGE: 2-A |
TIME: 9:00
JUDGE: GARY W. THOMAS
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DATE: MARCH 8, 1996
REPORTER: J. KNETZGER |
DEPT: 1
CLERK: L. MORRIS |
| CASE NO: 157680 |
TITLE OF ACTION: CHURCH OF SCIENTOLOGY V.
ARMSTRONG |
[Initial CLS LM]
PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT ON THE CROSS-COMPLAINT IS GRANTED. AS
PREVIOUSLY RULED BY
THE COURT, PLAINTIFF'S EVIDENCE SHOWS THAT THIS COURT HAS DETERMINED THE
ENFORCEABILITY
OF
PARAGRAPHS 7D, 7E, 7G, 7H, 10, AND 18D. (SEE FACT 2 AND EXS. RJN C-E.) FURTHER,
DEFENDANT DOES NOT
DISPUTE THAT "(P]ARAGRAPHS 4A AND 4B CONCERN AN APPEAL WHICH HAS ALREADY
BECOME FINAL, AND AS TO
WHICH NO RIGHTS, DUTIES OR OBLIGATIONS COULD BE ENFORCED IN THE FUTURE."
(SEE UNDISPUTED FACT 3.)
WITH RESPECT TO PARAGRAPHS 7I AND 18E, THE UNDISPUTED EVIDENCE SHOWS THAT THERE
IS NO PRESENT OR
PROBABLE FUTURE CONTROVERSY INVOLVING THOSE PARAGRAPHS. (SEE UNDISPUTED FACTS
5-7.) THUS, THERE IS
NO BASIS REMAINING FOR DEFENDANT'S DECLARATORY RELIEF CAUSE OF ACTION.
[HW] Matter is argued. Tentative ruling becomes final.
Status conference of 3/11/96 is vacated.
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