From: Gerry Armstrong <gerry@gerryarmstrong.org>
Newsgroups: alt.religion.scientology
Subject: Armstrong Declaration in Wollersheim II
Date: Thu, 31 Jul 2003 17:47:16 +0200
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[Still just before 1400 DMT on planet Teegeeac]
We've webbed a declaration I wrote in 1993 in support of Lawrence
Wollersheim's special motion to strike the cult's complaint in the
case of Scientology v. Wollersheim, LA Superior Court Case No.
BC074815 (Wollersheim II).
http://www.gerryarmstrong.org/50grand/legal/wollersheim/decl-1993-06-04.html
The "special motion to strike" was filed pursuant to California's
Anti-SLAPP Statute.
http://www.casp.net/cal425.html
The trial judge ruled for Wollersheim on his motion, dismissed
Scientology's complaint and awarded attorney fees. The cult appealed,
and the California Court of Appeal affirmed the dismissal and the fees
award.
http://www.gerryarmstrong.org/50grand/legal/wollersheim/42cal.app.4th.628.html
In its opinion, the Court of Appeal cited to and quoted from my
declaration.
[Quote]
Declarations of former members and officials of the Church, Gerald
Armstrong and Vicki Aznaran, revealed the practices and policies of
the Church, including its "fair game" doctrine and employment of
litigation practices designed "to bludgeon the opposition into
submission," as well as attacks against judges who rule against it.
[End Quote]
Scientology brought a contempt of court charge against me for my
providing this declaration to Wollersheim. My assistance was not in
violation of the then existing preliminary injunction in the cult's
breach of contract case against me, because the injunction only
prohibited me from assisting claimants against the cult, and in
Wollersheim II I was assisting the defendant. Ultimately that alleged
contempt, and about a dozen others the cult claimed at the same time,
were discharged by LASC Judge Diane Wayne.
That the Court of Appeal quoted my declaration and obviously relied
upon it to arrive at its decision, which was dispositive of the cult's
SLAPP suit, supports my position that the "settlement contract"
http://www.gerryarmstrong.org/50k/legal/a1/625.php
and all the efforts to enforce it, and punish me for violating it, are
obstructive of justice and therefore unlawful. There was no way
Wollersheim could have subpoenaed me to take my deposition to obtain
my testimony for his motion, and upon which the Court of Appeal
relied, because the filing of a notice of the special motion to strike
stays all discovery in the case.
© Gerry Armstrong
http://www.gerryarmstrong.org