03/22/2004            16:10            14154997897           MARIN SUPERIOR COURT           PAGE01/01

MARIN SUPERIOR COURT

NATURE OF PROCEEDINGS: MOTION FOR SUMMARY JUDGMENT (PLTF) CHURCH
OF SCIENTOLOGY INTERNATIONAL

RULING

PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT IS DENIED. PLAINTIFF HAS NOT
MET ITS BURDEN OF SHOWING IT IS ENTITLED TO PREVAIL IN THIS ACTION.
PLAINTIFF HAS NOT ESTABLISHED THAT EACH OF THE INCIDENTS UPON WHICH
THIS ACTION IS BASED ARE VIOLATIONS OF PARAGRAPH 7(D) OF THE
SETTLEMENT AGREEMENT. EVEN IF THE COURT WERE TO ACCEPT THAT THE 131
POSTINGS UPON WHICH THE CONTEMPT FINDING WAS BASED CONSTITUTE
VIOLATIONS OF THAT PROVISION BASED UPON DEFENDANT'S FAILURE TO
DISPUTE FACT 8, PLAINTIFF HAS NOT MET ITS BURDEN AS TO THE REMAINING 70
INCIDENTS. FACT 11, THE ONLY FACT WHICH ADDRESSES ALL 201 VIOLATIONS,
IS SUPPORTED BY PARAGRAPH 14 OF DEFENDANT'S ANSWER. DEFENDANT DOES
NOT ADMIT IN THAT PARAGRAPH THAT HE COMMITTED THE 201 ACTS OR THAT
SUCH ACTS CONSTITUTE A BREACH OF PARAGRAPH 7(D). ALTHOUGH
DEFENDANT STATES THAT FACT 11 IS UNDISPUTED, THIS AT MOST SHOWS THAT
HE ADMITS THAT EACH OF THE 201 INCIDENTS OCCURRED. EXAMINATION OF
EXHIBIT E TO THE COMPLAINT, WHICH BRIEFLY DESCRIBES EACH OF THE 201
INCIDENTS, REVEALS MANY INCIDENTS WHICH DO NOT APPEAR ON THEIR FACE
TO VIOLATE PARAGRAPH 7(D) (E.G., PICKETING, OFFERING TO PROVIDE
TESTIMONY OR DECLARATION, STATING HE WILL TELL RUSSIANS ABOUT
SCIENTOLOGY, PARTICIPATING IN A CEREMONY, "CALL[ING] IN TO A RADIO
SHOW," ETC.).

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