MARIN COUNTY COURTS
DATE:06/13/97 TIME: 9:00 A.M. DEPT NO: 1 CASE NO: 157680
PRESENT: HON. GARY W. THOMAS, JUDGE
| REPORTER: ELAINE PASSARIS |
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CLERK: LOUISE MORRIS |
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PLAINTIFF: CHURCH OF SCIENTOLOGY INTERNATIONAL
vs.
DEFENDANT:GERALD ARMSTRONG, ET
AL
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[Handwritten:]
Andrew Wilson
Robert Taylor for deft Michael Walton
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NATURE OF PROCEEDINGS:
WRIT OF ATTACHMENT HEARING
RULING
PLAINTIFF'S APPLICATION FOR A RIGHT TO ATTACH ORDER AND WRIT OF
ATTACHMENT
IS DENIED. PLAINTIFF HAS NOT ESTABLISHED THE PROBABLE VALIDITY OF ITS CLAIM
THAT DEFENDANT TRANSFERRED THE SUBJECT PROPERTY TO WALTON "[W]ITH ACTUAL
INTENT TO HINDER, DELAY, OR DEFRAUD" PLAINTIFF. PLAINTIFF'S OWN EVIDENCE
SHOWS THAT DEFENDANT NEVER BELIEVED THE SETTLEMENT AGREEMENT WAS
ENFORCEABLE AND THUS WOULD NOT HAVE EXPECTED PLAINTIFF WOULD BE ABLE TO
RECOVER UNDER THE LIQUIDATED DAMAGES PROVISION. (SEE P'S EX. C AT 84:9-12, 86:8-
12, 87:11-18, 102:21, 102:24, 103:18, 151:11-15.) IN FACT, PLAINTIFF DID NOT FILE
ITS BREACH
OF CONTRACT ACTION AGAINST DEFENDANT UNTIL FEBRUARY 1992 AND DID NOT
PREVAIL ON ITS SUMMARY ADJUDICATION MOTIONS UNTIL 1995, WHILE THE TRANSFER
OCCURRED IN AUGUST 1990. THUS, THIS SUPPORTS THE CONCLUSION THAT DEFENDANT
GAVE AWAY HIS PROPERTY BECAUSE OF HIS CALLING FROM GOD RATHER THAN TO
AVOID HIS OBLIGATIONS TO PLAINTIFF. (SEE P'S EX. A AT 78:7-12; EX. C AT 79:2-9;
WALTON DECL.,¶8.)
[Handwritten:] The
tentative ruling is argued and adopted.
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