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GERRY
ARMSTRONG #2-46298 Yale Road Chilliwack, B.C. V2P 2P6 Canada Tel: 604-703-1373 gerry@gerryarmstrong.org In Propria Persona SUPERIOR
COURT OF CALIFORNIA
COUNTY
OF MARIN
Defendant
Gerry Armstrong hereby requests an extension of time of 60 days to file
his
opposition and take any other actions to oppose plaintiff Scientology organization’s motion to reinstate jail sentences against him and have warrants issued now set for hearing on September 7, 2007. This request is based on the facts set forth in the Declaration of Gerry Armstrong that follows, and the complete court record in this case. DECLARATION
OF GERRY ARMSTRONG
I,
Gerry Armstrong, declare as follows:1. I am the defendant in this case. 2. On August 5, 2007, I received an e-mail message from Scientology attorney of record herein Kendrick Moxon stating that the motion was served on attorney Ford Greene as my attorney of record, and sent by FedEx to my address of record. On August 6, I sent Mr. Moxon an e-mail message in reply advising him that Mr. Greene is not the attorney of record, that a substitution of attorney substituting myself for Mr. Greene was served on Mr. Moxon’s then co-counsel Andrew Wilson by mail |
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August 24, 2004, and that my notice of
change of address to my present address, #2-46298 Yale Road, Chilliwack, B.C. V2P 2P6, Canada, was served on Mr. Moxon by mail July 24, 2006. A true and correct copy of this e-mail exchange is appended hereto as Exhibit A. 3. Later on August 6, I received an e-mail message from Mr. Moxon stating that he had moved the hearing on his motion to September 7. On August 7, 2007, I sent Mr. Moxon an e-mail message in reply requesting an extension of time of 60 days to oppose his motion or take whatever other action is warranted and to prepare for a hearing on his motion or other actions, and suggesting October 26, 2007 as a reasonable date for recalendaring his motion. On August 8, Mr. Moxon sent me an e-mail message offering to grant me all the time I desire if I comply with the terms of the injunction in this case, alleged violations of which resulted in the sentences that Scientology seeks to have reinstated. On August 9, I sent Mr. Moxon an e-mail message in reply, requesting his confirmation that his client had authorized him to make this offer, again requesting an extension of time, and again suggesting that the hearing on the motion be set for October 26. On August 13, Mr. Moxon sent me an e-mail message stating that his client had authorized him to make the offer, which I cannot but refuse, and suggesting I make my motion for a continuance, which I’m doing. A true and correct copy of this e-mail exchange between Mr. Moxon and me from August 6 to August 13 is appended hereto as Exhibit B. 4. I received Scientology’s revised motion by FedEx courier on August 9, 2007. 5. I have not requested another extension of time or continuance in this matter. 6. Scientology is in no way prejudiced by granting me an extension of time in order to give me, and others directly affected by this extraordinary motion, a real opportunity to defend myself, and themselves. Scientology states in its motion: Armstrong filed a
petition for certiorari, which was rejected by the
California Supreme
Court and the remittitur issued on January 12,2006. (Ex. B.) Plaintiff hoped
these rulings finally would cause Armstrong to come to
his senses, and
thus forbore from further proceedings for more than a year and a half. However, Armstrong has proven to be incorrigible. That forbearance was a futile act, as Armstrong continues to commit numerous violations of the injunction, and publicly to announce that he recognizes he is doing so and will continue to do so. […] CSI accordingly moves for reinstatement of the sentences against Armstrong and for the issuance of a warrant for his arrest to serve those sentences in accordance with the Court |
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of
Appeal's ruling, as an
encouragement to Armstrong that he obey the rulings of this and
(Revised motion, 5:4-15)other Courts. As Scientology states, it waited more than a year and a half to bring this motion. The first jail sentence Scientology obtained against me, for advising a U.S. District Court Judge that Scientology’s attorney Andrew Wilson had threatened me after I was subpoenaed in the federal case, was signed by former Judge Gary W. Thomas June 3, 1997, over ten years ago. The second set of jail sentences Scientology obtained against me, for religious expressions of my religious beliefs expressed in Canada and Europe, was issued February 11, 1998, nine and a half years ago. Another two months of me doing whatever it is I’ve been doing these past ten years, indeed more than twenty-five years, does not even slightly prejudice Scientology, or any of the parties or beneficiaries in Scientology’s injunction or efforts to enforce it. 7. In its motion, Scientology states that the first two contempt orders had no effect upon my conduct, and only brought me to violate the injunction hundreds more times. (Revised Motion, 4:13- 15) Scientology states that when this Court issued its judgment and related order re sentences on May 20, 2004 I announced victory, determined I was free to flaunt the injunction with impunity, and proceeded immediately to do so. (Revised Motion, 4:21-23) Actually I proceeded to do what I had been doing for over two decades. Scientology itself stated in its opening brief in its appeal from this Court’s judgment that: “The trial court […] immunize[d] the defendant from any future liability for breaching a contract he admits having breached well over 200 times, has been adjudicated to have breached 137 times, and which he vows to continue to breach indefinitely in the future.” Scientology voluntarily dismissed its appeal of this Court’s judgment. Scientology states in its motion to reinstate sentences that after the Court of Appeal’s rulings I proved to be incorrigible, and that I continue to commit numerous |
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violations
of the injunction, and
publicly announce that I recognize I am doing so and will continue to do so. (Revised Motion, 5:8-10) 8. In addition to Scientology’s use of the California and U.S. legal systems to harass me, silence me, suppress and destroy my basic human rights, and threaten me with unconscionable jail sentences and arrest warrants, the organization and its agents have engaged in a massive extralegal campaign against me to further these evil and unlawful purposes. Scientology’s, Scientologists’ and their agent’s aggressive “fair game” actions against me in execution of Scientology’s “Suppressive Person” doctrine include: physically assaulting me on six occasions; breaking into my car; stealing my property, including photographs, documents, a manuscript and original artwork; spying on me and my spouse; scaring our neighbors; menacing our families; threatening to assassinate me; terrorizing my companions and me on highways in California and Germany; paying a corrupt Los Angeles Police Department officer for fake authorizations to eavesdrop on me, my attorney and my associates and to tap our telephones; fair gaming and compromising my attorney; covertly and unlawfully videotaping me; attempting numerous times to have me prosecuted on false criminal charges based on fabricated evidence, including with the Los Angeles District Attorney, the U.S. Federal Bureau of Investigation, and the Prosecutor of Ekaterinburg, Russia; forcing me into bankruptcy; driving me from my home; forging hundreds of Internet postings over my name, including nonsense and racist messages; running endless intelligence operations against me and my family; and carrying out a global Black Propaganda campaign against me that extends to U.S. Federal Government departments, Members of Congress, U.S. diplomatic missions and staff, U.S. state and local government officials, foreign government officials, judges, law enforcement agencies and officers internationally, clergy internationally, media internationally, and the broad international wog and Scientologist populations. Since this Court conducted its trial in April 2004, moreover, Scientology has not ceased its fair game actions against me. |
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Scientology
executive Brian Beaumont
physically assaulted me in Vancouver, B.C. in August 2004. Scientology covert intelligence agent Phillip Helmer rented an office across the street from where my wife Caroline and I lived in Chilliwack, B.C., spied on us through 2004 and 2005, and attempted throughout this period to entrap us in a covert operation. Scientology and its agents have continued to black PR me around the world. See, e.g., this violent black propaganda posting, a true and correct copy of which is appended hereto as Exhibit C, made to several Usenet groups April 6, 2005 by Scientologist Barbara Schwarz. During this period, Caroline and I each received an e-mailed death threat from Scientologists or Scientology agents, one writing from somewhere in Canada, and the other writing from somewhere in Europe. Scientology agents have created and maintain an Internet hate site that labels and positions me as an “anti-religious extremist.” See, e.g., Exhibit D hereto, which is a true and correct copy of this site’s pages on me. I believe that Scientology’s leader and its agents label and position me as an “anti-religious extremist,” in compliance with Scientology “scripture,” to facilitate my physical obliteration. See, e.g., my letter of November 23, 2006 to Scientology head David Miscavige, a true and correct copy of which is appended hereto as Exhibit E. I am so far from being an anti-religious extremist that I believe God has upheld me and even directed my steps and words throughout Scientology’s war on me, and made even these words my religious expression of my religious beliefs. All of these fair game assaults and attacks, all this black propaganda, and all these threats, as well as all of Scientology’s “legal” attacks and threats, however, have been, as Scientology acknowledges, utterly fruitless in achieving the organization’s purpose, which is not God’s Purpose, of shuddering me into silence. 9. Scientology states that because all its attacks and threats have not worked, I have proven that I am incorrigible. (Revised Motion, 5:7,8) Nothing could be further from the truth. I have only proven that what Scientology wanted, which it got a Superior Court judge to write, unconscionably, into an injunction, is impossible. Each aggressive fair game act Scientology and Scientologists have |
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taken
through time to suppress and
destroy my basic human rights only generates more for me to communicate about, to object to, to oppose, to resist, and to seek to remedy. Scientology even recognizes this phenomenon, although, to agree with the organization’s willful misinterpretation of impossibility as incorrigibility, it misidentifies the continuous, and, if it’s possible, increasing impossibility as me becoming “more contumacious.” (Revised Motion, 4:13,14) I am in every important way thoroughly disincorrigible. Although Scientology states that it seeks to have the sentences against me reinstated “as an encouragement” to me to obey the injunction, this is simply not true. (Revised Motion, 5:12-15) I cannot obey the injunction because it is for every reason God created impossible. The injunction, both in its intent and in its impossibility, is diabolical. Sending me to jail, unless the Scientologists have me rubbed out there, will only make obeying the injunction even more impossible. Therefore Scientology cannot possibly be prejudiced if it forbears another 60 days for the impossible to continue to not happen. 10. I’m not a lawyer and don’t have a lawyer yet. I believe that this matter before the Court is legally winnable, and that I have truth, justice and even the law at least on my side. I believe that if I appear without a lawyer, Scientology will bully me beyond any limit this Court might wish to impose, and I will be railroaded. I want a real opportunity to put on a real defense of my rights, and I need more time to find a lawyer and get him or her educated in this complex case against this very threatening litigious religious entity. 11. As a result of Scientology’s long term attacks and threats, Caroline and I receive a disability allowance for a Complex-PTSD condition that is right at the poverty level in British Columbia. We both are extremely impaired in our daily activities, and virtually precluded from normal employment opportunities, normal relationships or normal lives. This is not unusual for people like us who are victims of long term bullying, abuse and threat. We have no funds to travel at this time to |
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to
California, and I need the
opportunity to raise such funds for travel and other expenses involved,
and time to make the necessary arrangements. 12. I believe that with a continuance of 60 days I will be able to effectively oppose Scientology’s motions and take whatever other actions I or my attorney consider necessary to be successful in this matter. I declare under penalty of perjury pursuant to the laws of the State of California, the United States and Canada that the foregoing is true and correct. Executed this 13th day of August 2007 at Chilliwack, B.C., Canada. ___________________________ Gerry Armstrong Respectfully submitted, GERRY ARMSTRONG ORDER
Defendant’s Request for
Extension to file Opposition to Motion to Reinstate Sentences and IssueWarrants is granted. The hearing on the Motion is reset for __________________________2007 Date:_______________________________ ____________________________________ Judge Lynn Duryee |
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PROOF
OF SERVICE
I am over the age of eighteen years and am not a party to the within action. My business address is #2-46298 Yale Road, Chilliwack, B.C. V2P 2P6 Canada I served the following document: REQUEST FOR EXTENSION OF TIME TO FILE OPPOSITION TO MOTION TO REINSTATE SENTENCES AND FOR WARRANTS; AND TO CONTINUE HEARING DATE; DECLARATION OF GERRY ARMSTRONG IN SUPPORT on the following person on the date set forth below, by Canada Post prepaid to the addressee below: Kendrick L. Moxon, Esquire Moxon & Kobrin 3055 Wilshire Blvd., Suite 900 Los Angeles, CA 90010 I declare under penalty of perjury under the laws of California, the United States and Canada that the above is true and correct. Executed on August 14, 2007 at Chilliwack, B.C., Canada. _________________
Caroline Letkeman |
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