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From: Gerry Armstrong
[mailto:gerry@gerryarmstrong.org]
Sent: Wednesday, September 05, 2007 12:48
To: kmoxonatearthlink.net
Subject: RE: Ex parte application
September 5, 2007
Kendrick L. Moxon, Esquire
Moxon & Kobrin
3055 Wilshire Blvd., Suite 900
Los Angeles, CA 90010
By E-mail:
kmoxonatearthlink.net
Re:
Scientology
v. Armstrong
Marin
Superior Court Case No. CV021632
Dear Mr. Moxon:
My position is stated in my
opposition to your ex parte
application to strike my motion to
set an
evidentiary hearing pursuant
to C.C.C. § 1670.5 attached and express
couriered to
you.
I will let you know my
intention without reservation
after the tentative ruling tomorrow.
Yours sincerely,
Gerry Armstrong
#2-46298 Yale Road
Chilliwack,
B.C. V2P 2P6
Canada
604-703-1373
-----Original Message-----
From: kmoxonatearthlink.net
[mailto:kmoxonatearthlink.net]
Sent: Tuesday, September 04,
2007 1:45 PM
To: Gerry Armstrong
Subject: Ex parte application
Mr. Armstrong,
At the time of the hearing
on Friday, September 7th at
9:00 before Judge Duryee, I also
intend to
bring an ex parte application to
strike your motion for an evidentiary hearing
in October, on the grounds
that the Superior Court has already ruled the
issue of the
injunction and
the settlemnet agreement it is based upon,
is res judicata. The
Court of
Appeals also noted it was res judicata. You misapprehended the
court's comments at
the
2004 trial on
"unconsionability", as the court
merely said it would be unconsionable to
assess more
than $500,000 more at this
point. The court did not say the settlemnet
agreement or the injunction
was unconsionable.
Please advise of your
position on this and whether you
intend to appear to oppose the
motion.
Kendrick Moxon
MOXON & KOBRIN
3055 Wilshire Blvd., Suite 900
Los Angeles, CA 90010
(213) 487-4468
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