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From: Gerry Armstrong <gerry@gerryarmstrong.org>
Newsgroups: alt.religion.scientology
Subject: Judgment, May 20, 2004, Scientology v. Armstrong,
Marin Superior Court CV 021632
Date: Tue, 20 Jul 2004 00:08:40 -0700
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Following the April 9, 2004 trial, Scientology lawyer Andrew Wilson
transmitted to my lawyer Ford Greene a proposed Judgment for approval
as to form, which, if we had approved, the cult would have submitted
to the Marin Court, Judge Lynn Duryee, for signing.
We did not approve Scientology's Judgment as to form because it did
not reflect the Court's ruling at trial, but we rejected it and
proposed our own Judgment , which Ford transmitted to Wilson.
The cult rejected our proposed Judgment and submitted both proposed
Judgments to the Court. Judge Duryee wrote the lawyers asking that
they continue to try to reach an agreement on the form of the Judgment
that reflected her trial ruling.
Ford met with Wilson, and it appeared that Wilson agreed with our
language, but his client the cult apparently would not agree. So
Wilson sent us another proposed Judgment, which again did not reflect
the Court's ruling, and which we again did not approve. Ford sent
Wilson another proposed Judgment that accurately reflected the Court's
ruling.
Scientology again rejected the Judgment Ford proposed, and again
submitted the matter to Judge Duryee asking her to issue her own
Judgment.
We heard nothing more on the Judgment until the July 10 weekend when
Wilson transmitted to Ford for approval as to form yet another
proposed Judgment to be based on an "Order Granting Plaintiff's Motion
for Judgment" that the Court had issued May 20, 2004. The Court had
apparently served Wilson with the Order, and had not served Ford, but
had expected Wilson to serve Ford.
Ford then obtained a copy of the May 20 Order from the Court Clerk.
Scientology's latest proposed Judgment did not accurately incorporate
the Court's Order, so again Ford not approve it as to form.
Scientology then stopped its effort to get Ford to approve its
proposed Judgment, and instead on July 15 filed a Notice of Appeal
from the May 20 Order, declaring the Order to be the Judgment in the
case, and to be in my favor.
The Order Granting Plaintiff's Motion for Judgment (or Judgment) is
webbed at:
http://www.gerryarmstrong.org/50grand/legal/a7/ord-re-mtn-for-judgment-2004-05-20.html
[Quote]
FILED
MAY 20 2004
JOHN P. MONTGOMERY,
Court Executive Officer
MARIN COUNTY SUPERIOR COURT
BY: N. JOHNSON, DEPUTY
[signed]
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF MARIN
CHURCH OF SCIENTOLOGY
INTERNATIONAL,
Plaintiff,
vs.
GERALD ARMSTRONG,
Defendant.
CASE NO.: 157680
[Consolidated with Case No. CV021632 per
Order dated April 9, 2004]
ORDER GRANTING PLAINTIFF'S
MOTION FOR JUDGMENT
This matter came regularly on for trial on April 9, 2004. Plaintiff,
Church of Scientology International, appeared by its counsel, Andrew
H. Wilson. Defendant Gerald Armstrong appeared and was represented by
counsel, Ford Greene, Esq.
After hearing opening statements of the parties, taking judicial
notice of the various pleadings and papers on file in the consolidated
actions Church of Scientology International v. Armstrong, Case No.
152229 and Church of Scientology International v. Armstrong, Case No.
157680, the Court made the following ruling:
Mr. Armstrong received a benefit under the settlement agreement of
$800,000. It would be unconscionable to punish him beyond what the
benefit was that was conferred to him. Armstrong was previously
sanctioned in the sum of $300,000. Judgment is therefore entered for
plaintiff, on the admitted violations, of $500,000.
GOOD CAUSE appearing therefor, it is hereby ORDERED that judgment
shall be entered in favor of plaintiff and against defendant in the
amount of $500,000.00.
DATED: [handwritten] 5/20/04
[signed] Lynn Duryee
Honorable M. Lynn Duryee
JUDGE OF THE SUPERIOR COURT
[End Quote]
The Court also issued on May 20 an "Order re Sentences for Contempt"
reflecting her sentencing rulings at trial, which was also not served
on Ford.
http://www.gerryarmstrong.org/50grand/legal/a7/ord-re-contempt-2004-05-20.html
© Gerry Armstrong
http://www.gerryarmstrong.org
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