Gerry Armstrong--Order After Hearing 04-02-2004

FILED
[signed] J. Minkiewicz
APR - 2 2004
JOHN P. MONTGOMERY,
Court Executive Officer
MARIN COUNTY SUPERIOR COURT
By: J. Minkiewicz, Deputy

CHURCH OF SCIENTOLOGY,

Plaintiff,

vs.

GERALD ARMSTRONG,

Defendant

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Case No.: 021632

ORDER AFTER HEARING

Plaintiff's March 17, 2004 "Objections To and Motion to

Strike Evidence Profferred by Gerry Armstrong In Support of

Opposition to Motion for Summary Judgment" came on for hearing

on March 23, 04. Mr. Armstrong requested time to file a

response. The court granted Mr. Armstrong's request. Mr.

Armstrong did not file a response within the time provided.

Accordingly, the court rules on plaintiff's objections as

follows:

Mr. Armstrong's declaration, while full of impermissible

argument, does contain facts responsive to plaintiff's motion

for summary judgment. The court views the argumentative portions

of the declaration as argument and not as fact. The court did

ORDER - 1

not rely on Mr. Armstrong's declaration in reaching its decision

on the motion for summary judgment. The motion to strike is

denied.

Dated: [Handwritten:] 4/2/04

[signed] LYNN DURYEE
JUDGE OF THE SUPERIOR COURT

ORDER - 2

(STATE OF CALIFORNIA)
(COUNTY OF MARIN)

CHURCH OF SCIENTOLOGY INTERNATIONAL V. GERALD ARMSTRONG

ACTION # CV 021632

(PROOF OF SERVICE BY MAIL)

I AM A CITIZEN OF THE UNITED STATES AND AN EMPLOYEE OF THE MARIN

COUNTY SUPERIOR COURT; I AM OVER THE AGE OF EIGHTEEN YEARS AND NOT A

PARTY TO THE WITHIN ABOVE-ENTITLED ACTION; MY BUSINESS ADDRESS IS

CIVIC CENTER, HALL OF JUSTICE, SAN RAFAEL, CA 94903. ON April 2,2004 I

SERVED THE WITHIN ORDER AFTER HEARING IN SAID ACTION TO ALL

INTERESTED PARTIES, BY PLACING A TRUE COPY THEREOF ENCLOSED IN A

SEALED ENVELOPE WITH POSTAGE THEREON FULLY PREPAID, IN THE UNITED

STATES POST OFFICE MAIL BOX AT SAN RAFAEL, CA, ADDRESSED AS FOLLOWS:

ANDREW WILSON
475 GATE FIVE ROAD, SUITE 212
SAUSALITO, CA 94965-1475

GERALD ARMSTRONG
#1-4595O ALEXANDER AVENUE
CHILLIWACK, B.C. V2P IL5
CANADA

I CERTIFY (OR DECLARE), UNDER PENALTY OF PERJURY UNDER THE LAWS OF
THE STATE OP CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.

DATE: [Handwritten] 4-2-04

[signed] J. Minkiewicz

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