I thought everyone should see this purporting to be from Andy Wilson, criminal cult collaborator in $cientology's insane War On Wogs (WOW!)(R).
I don't think even criminal collaborator Wilson is insane enough to send me this, so it's quite possibly an op.
© Gerry Armstrong
From: Andy Wilson <[email protected]>
To: "'[email protected]'" <[email protected]>,
"'[email protected]'" <[email protected]>
Subject: Church of Scientology v. Armstrong; Ex Parte Application
Date: Fri, 10 Nov 2000 10:45:51 -0800
Encoding: 17 TEXT, 905 UUENCODE, 1983 UUENCODE
X-MS-Attachment: Final Ex Parte.wpd 0 00-00-1980 00:00
X-MS-Attachment: Final Ex Parte.doc 0 00-00-1980 00:00
Dear Mr. Armstrong;
I write to inform you that I will appear ex parte at 9:30 a.m. in Department 6 of the Marin County Superior Court to seek an order to show cause why you should not be held in contempt for your violations of the permanent injunction entered against you in the above-entitled action, as described in the attached papers. Please contact this office if you you would like fax or other expited delivery of the same.
Very Truly Yours
Wilson Campilongo LLP
Andrew H. Wilson
ANDREW H. WILSON, SBN 63209
SHAUNA T. RAJKOWSKI, SBN 148239
WILSON CAMPILONGO LLP
475 Gate 5 Road
Sausalito, CA 94965
Telephone (415) 289-7100
Facsimile (415) 289-7110
Attorneys for Plaintiff and Judgment Creditor
CHURCH OF SCIENTOLOGY INTERNATIONAL
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF MARIN
CHURCH OF SCIENTOLOGY INTERNATIONAL, a California
nonprofit[sic] religious[sic] corporation,
) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )
CASE NO. 152229
EX PARTE APPLICATION FOR
ORDER TO SHOW CAUSE RE
CONTEMPT; MEMORANDUM OF
POINTS AND AUTHORITIES;
DECLARATION OF ANDREW H.
Date: Time: Department:
Plaintiff/Judgment Creditor Church of Scientology International ([email protected]) hereby applies ex parte for an order directing Defendant/Judgment Debtor Gerald Armstrong ([email protected]) to show cause why he should not be held in contempt of this Court, pursuant to section 1209(a)(5) of the California Code of Civil Procedure, for Armstrong=s willful defiance of this Court=s October 17, 1995 Order of Permanent Injunction (the [email protected]).
This application is made on the grounds that, in violation of the Order, Armstrong -- who has twice previously been found in contempt of the Injunction -- has continued to openly flaunt the authority of this Court, violating the Injunction issued by this Court in numerous respects, including the following: (1) During the period February 20, 1998 to July 10, 2000, Armstrong made a total of 131 postings on the Internet, each of which violated one or more provisions of the Injunction; (2) Armstrong traveled to Clearwater, Florida and on December 5, 1999 spoke before a public gathering sponsored by the Lisa McPherson Trust, a for-profit corporation, the purpose of which is to bring about the destruction of the Scientology religion; and (3) Armstrong traveled to Tampa, Florida and on December 10, 1999 gave an interview on radio station WMNF-AM, during which he again violated the terms of the Injunction.
Armstrong has willfully treated this Court=s authority with such callous disregard that he should be criminally sanctioned by fine and imprisonment under Code of Civil Procedure ' 1218. Armstrong has been notified of this Application pursuant to Law and Discovery Policy Manual Paragraph 261, et seq. Declaration of Andrew H. Wilson at & 18.
This Application is based on this Application itself, the concurrently filed Declaration of Andrew H. Wilson; the exhibits submitted therewith; the records on file in this case; and such further evidence and argument as may be properly presented at the hearing of this Application.
Dated: October __, 2000 Respectfully submitted,
WILSON CAMPILONGO LLP
Andrew H. Wilson
CHURCH OF SCIENTOLOGY INTERNATIONAL
MEMORANDUM OF POINTS AND AUTHORITIES
Plaintiff/Judgment Creditor, Church of Scientology International ([email protected]) asks this Court to issue an Order to Show Cause why Defendant/Judgment Debtor, Gerald Armstrong ([email protected]) should not be held in contempt of this Court=s Order of Permanent Injunction entered herein on October 17, 1995 (the [email protected]). Armstrong, by his serial contempts and contumacious behavior, has amply demonstrated that he will continue to defy this Court=s authority unless adequate criminal sanctions are ordered.
Armstrong has twice previously violated the Injunction and been held in contempt of this Court on each such occasion. Unfortunately, though bench warrants have been issued, Armstrong has fled the jurisdiction to avoid the consequences of his acts, all the while piously complaining that the Injunction is illegal.
So there is no doubt in the Court=s mind that the contempt is plain, willful, and calculated, the transcript of Armstrong=s December 1999 address at a public gathering is annexed as Exhibit H to this application, and reflects that Armstrong began his remarks by stating:
But I wanted to say first, that I am under an injunction in the State of California, in fact I=m a wanted man in the State of California and I am barred by court order from even mentioning the word Scientology. And all of you by being here and listening to me, are in a sense acting in concert with me, which I greatly appreciate, so you=re all breaking that injunction as well.
Declaration of Andrew Wilson (AWilson [email protected]) at & 15, Ex. H, p. 1. Armstrong=s admitted contempt requires him to answer in contempt, and an order to show cause should issue.
December of 1986, Armstrong freely and voluntarily entered into a Mutual Release of All Claims and Settlement Agreement (the [email protected]) pursuant to which CSI paid Armstrong $800,000.00. (Wilson Decl. at &2.) In exchange, Armstrong promised, in essence, to cease disseminating [email protected] concerning CSI and to cease assisting others litigating or defending claims against CSI and Scientology-related entities. (Id) Beginning in approximately 1990, Armstrong fraudulently transferred substantially all of his assets to his attorney and close friends, and then began repeatedly breaching almost every covenant he made in the Agreement. (Id. at & 3.) As a result of Armstrong=s conduct, CSI brought this action for breach of the Agreement seeking, inter alia, a permanent injunction against further breaches. (Id. at & 4.) On October 17, 1995, this Court granted an Order of Permanent Injunction against Armstrong (the [email protected]) following a motion for Summary Adjudication of issues brought by CSI. (Id. at & 8.) Such Order was later incorporated into the judgment entered against Armstrong on May 2, 1996 (the [email protected]); the Order and Judgment are collectively sometimes referred to as the [email protected] The Injunction prohibits Armstrong from voluntarily assisting any persons litigating claims adverse to defined [email protected] including CSI, from making public statements regarding any of the Beneficiaries, and from creating and/or publishing [email protected] discussing any of the Beneficiaries.
Armstrong=s response to the Injunction was virtually immediate and has persisted. In response to his most egregious violations of the terms of the Injunction, CSI obtained contempt judgments against Armstrong both on June 5, 1997 and February 20, 1998. (Id. at && 11, 13). Bench warrants issued in both instances, but Armstrong fled California in response to the first contempt judgment and moved out of California to avoid arrest and to persist in his defiance of the Court.
Armstrong continues to flaunt the Injunction and the authority of this Court, boasting to all that will listen that he intends to persist in violating the Injunction, calling it invalid and criminal. Indeed, since the February 20, 1998 contempt order, Armstrong has made a total of 131 postings on the Internet, each of which violated one or more provisions of the Injunction. (Id. at & 17.) Armstrong has also caused himself to be subpoenaed for deposition in a lawsuit against the Church in Clearwater, boasting that he initiated the contact with the plaintiff=s attorney (id. at & 14); gave a speech at a fund-raiser for an anti-Scientology group in Clearwater (id. at & 15); traveled to Tampa, Florida for an interview at Radio Station WMNF AM where he again purposely violated the Injunction (Id. at &16), and in June 2000, journeyed to Denmark to provide information to anti-Scientology media there.
There is ample cause for this Court to issue an Order to Show Cause why Armstrong should not be held in criminal contempt for his willful disobedience of the Injunction. Code of Civil Procedure ' 1209, et seq., provides this Court with the power to punish acts, such as Armstrong=s, which are in Adisobedience of any lawful . . . order of the [email protected] Code Civ. Proc. ' 1209(a)(5). See also, Pacific Telephone and Telegraph Co. v. Superior Court (1968) 265 Cal.App.2d 370 (section 1209 contempt proceedings are special proceedings, criminal in character and intended to implement the inherent power of the court to enforce its lawful orders).
Code of Civil Procedure ' 1211 provides that when contempt is not committed in the immediate view and presence of the court, an affidavit shall be presented to the court of the facts constituting the contempt. For this purpose, declarations can be used in place of affidavits. Code Civ. Proc. ' 2015.5.
The above declaration Aneed only make a prima facia showing of the elements of [email protected] Crawford v. WCAB (1989) 213 Cal.App.3d 156, 169. The declaration must show:
(1) the rendition of a valid order;
(2) the respondent=s knowledge of the order;
(3) the respondent=s ability to comply with the order; and (4) the respondent=s willful disobedience of the order. See, Conn v. Superior Court (Farmer=s Group) (1987) 167 Cal.App.3d 774, 784. All these conditions are present here.
A.The Court=s Injunction At Issue Is Valid.
The Order was valid when rendered and remains fully enforceable. A true and correct copy of the Order is attached as Exhibit D to the Declaration of Andrew H. Wilson, filed herewith.
1. There has been no successful direct attack against the Injunction.
Since its entry, there has been no successful challenge to the validity of the Order by Armstrong. (Wilson Decl. at & 9.) There was no appeal from the Injunction, which is clearly final and no longer subject to direct or collateral attack.
2. Any collateral attack against the Injunction by Armstrong would be meritless.
The only permissible collateral attack against the Order would be based on a wholly meritless claim by Armstrong that it is invalid on its face. People v. Gonzalez (1996) Cal.4th 804, 823-4. The Court=s file reflects that, prior to the entry of the Order, Armstrong fully litigated his claims that such an order would be vague, ambiguous, overbroad, against public policy, violative of his First Amendment rights, and violative of his rights to equal protection under the Fourteenth Amendment. Considerable time and effort was expended by the parties and this Court in addressing and rejecting Armstrong=s numerous arguments as to why the proposed Order was improper.
B. Armstrong Had Actual Knowledge Of The Injunction.
One needs to look no further than Armstrong=s own words to find conclusive proof of this element. In his speech to the Lisa McPherson Trust, Armstrong told his audience about the Injunction and that his speech was Abarred by Court [email protected] (Wilson Dec., & 15, Exhibit H, pg 1.)
3.Armstrong Was Fully Capable Of Complying With This Court=s Injunction.
The restrictions placed on Armstrong=s behavior by the Order are very specific and limited. The Order provides, in pertinent part, as follows: Defendant Gerald Armstrong, his agents, employees, and persons acting in concert or conspiracy with him are restrained and enjoined from doing directly or indirectly any of the following:
* * *
3. Voluntarily assisting any person (not a governmental organization or entity) arbitrating or litigating adversely to the Beneficiaries.
4. Facilitating in any manner the creation, publication, broadcast, writing, . . . electronic recording or reproduction of any kind of . . . documentary work of any kind which discusses, refers to or mentions Scientology, the Church, and/or any of the Beneficiaries [of the Order].
Nothing in the Order requires affirmative action. Instead, Armstrong is merely restrained from continuing to disclose his [email protected] and opinions. The restrictions on Armstrong=s behavior in the Order stems from an agreement which Armstrong made freely and voluntarily and for which he was paid $800,000.00. (Id. at & 2.)
4.Armstrong Has Willfully Disobeyed The Injunction And Must Be Appropriately Sanctioned.
The requirement that there be a Awillful [email protected] of a court order to support the sanction of criminal contempt is undeniably met here.
This Court should exercise all of its available powers to stop the mockery of its authority and his violation of CSI=s rights. Both should be subject to a fine of $1,000 for each violation, and incarcerated for not more than five days pursuant to Code of Civil Procedure ' 1218. CSI should also be awarded the costs and attorneys= fees it has incurred in bringing this Application. CSI also submits that upon a finding of contempt under Code of Civil Procedure ' 1209, et seq., referral to the District Attorney for misdemeanor prosecution under Penal Code ' 166(4) is also necessary to curtail Armstrong=s continued defiance of this Court=s authority.
In light of the foregoing, plaintiff Church of Scientology International respectfully requests that the Court order that Armstrong show cause why he should not be held in contempt of court and why CSI should not be awarded its costs, including attorneys= fees, in bringing this motion. CSI also requests an order permitting it to give notice of the Order to Show Cause to the fugitive Armstrong by service of the order by
overnight mail to his last known address -- his mother=s residence in Chilliwack, British Columbia.
Dated: October __, 2000 Respectfully submitted,
WILSON CAMPILONGO LLP
Andrew H. Wilson
Attorneys for Plaintiff/Judgment Creditor
DECLARATION OF ANDREW H. WILSON
I, ANDREW H. WILSON, declare as follows:
1. I am a partner of the law firm of Wilson Campilongo LLP and am an attorney admitted to practice in the State of California. I am one of the attorneys responsible for the representation of the Plaintiff/Judgment Creditor in this action. As such, I have personal knowledge of the facts set forth below and, if called upon to testify on such matters, would and could do so competently.
2. In December of 1986, Armstrong entered into a Mutual Release of All Claims and Settlement Agreement (the [email protected]) pursuant to which CSI paid Armstrong $800,000.00. In exchange for his receipt of such funds, Armstrong promised, inter alia, to cease disseminating information concerning CSI and to cease assisting others pressing claims against CSI and related entities. A true and correct copy of the Agreement is attached hereto as Exhibit A.
3. I am informed and believe that, beginning in approximately 1990, Armstrong fraudulently transferred substantially all of his assets and began repeatedly breaching almost every covenant he made in the Agreement.
4. As a result of Armstrong=s conduct, CSI brought an action for breach of the Agreement seeking, inter alia, a permanent injunction preventing Armstrong from further breaching the Agreement. Armstrong filed various claims against CSI for breach of the Agreement.
5. The Honorable Ronald Sohigian entered the Preliminary Injunction in late May, 1992. Less than a month later, I was questioning Mr. Armstrong at a deposition when he testified on his intention to ignore the settlement agreement and Judge Sohigian=s Order:
A. When, I mean, I have, I have absolutely no intention of honoring that settlement agreement. I cannot. I cannot logically, I cannot ethically, I cannot morally. I cannot psychically. I cannot philosophically. I cannot spiritually. I cannot in any way. And it is firmly my intention to not honor it.
Q. No matter what a court says?
A. No court could order it. They=re going to have to kill me.
A true and correct copy of page 124 of the Deposition of Gerald Armstrong taken Wednesday,
June 24, 1992, in which Mr. Armstrong made this statement, is attached hereto and incorporated herein by reference as Exhibit B.
6. Shortly thereafter, in a declaration of February 2, 1993, Armstrong stated, AI do not believe such non-assistance, covenants or orders are legal or do anything but obstruct the administration of justice and attempt to destroy men=s [email protected] True and correct copies of pages 1, 9-11 and 29 of said declaration are attached hereto and incorporated herein by reference as Exhibit C.
7. On August 15, 1993, Mr. Armstrong wrote to me, declaring that his breaches of the settlement agreement and of Judge Sohigian=s Preliminary Injunction continued unabated, even in Armstrong=s sleep. A true and correct copy of the letter which I received from Mr. Armstrong, dated August 15, 1993, is attached hereto and incorporated herein by reference as Exhibit D.
8. On October 17, 1995, this Court granted an Order of Permanent Injunction against Armstrong (the [email protected]) following certain motions for the Summary Adjudication of Issues by CSI. Such Order was later incorporated into the judgment ([email protected]) entered against Armstrong on May 2, 1996. Attached hereto as Exhibit E is a true and correct copy of the Order which was attached to the Judgment as an Exhibit. (The Order and the Judgment are collectively referred to hereinafter as the [email protected])
9. Since its entry, there has been no successful challenge to the validity of the Order by Armstrong. The Preliminary Injunction which preceded the Order was affirmed following Armstrong=s Petition to the Court of Appeals.
10. Armstrong=s counsel appeared at the hearing pertaining to the Order. Armstrong further received notice of entry of the Order.
11. In January 1997, I learned of actions by Mr. Armstrong which I believe are clear violations of the Injunction. These actions were brought to the attention of this Court which issued an OSC re Contempt on February 19, 1997 and an Order of Contempt on June 5, 1997. A true and correct copy of which is attached hereto as Exhibit F.
12. Armstrong successfully discharged the approximately $300,000.00 awarded by this Court in damages to CSI in is bankruptcy proceedings. Armstrong failed in his effort to have the Bankruptcy Court discharge him from the contractual obligations upon which the Order is based.
13. In September and October of 1997, Armstrong committed a series of knowing and intentional violations of the Order, which resulted in entry of a Second Order of Contempt on February 20, 1998 and issuance of another Bench Warrant. A true and correct copy of which is attached hereto as Exhibit G.
14. Sometime in late 1998, Armstrong initiated contact with attorney Kennan Dander who represents the plaintiff in Liebreich v. Church of Scientology Flag Service Organization, et al., Hillsborough County, Florida Circuit No. 97-01235, an action based on false and inflammatory allegations that the defendants are somehow responsible for the death of a Church member. A true and correct copy of certain pages of the deposition (hereinafter AArmstrong [email protected]) transcript of Mr. Armstrong, taken in that action, is attached hereto as Exhibit H Armstrong admits, even boasts, that he initiated the contact (Armstrong Dep., pp. 107-08), that he told Dandar that he had information which could be helpful to the plaintiff in Liebreich, (Armstrong Dep. 108) and that he and Dandar discussed the injunction and the fact that it prohibited Armstrong from voluntarily assisting Dandar (Armstrong Dep. 112-113). These email and phone communications resulted in Armstrong voluntarily traveling to Florida to give his deposition. (Armstrong Dep., pp. 122) Having told Dandar when and where he would arrive, Armstrong was served at the Tampa Airport with a deposition subpoena for his December 4 deposition, notice of which had been given by Dandar some two weeks earlier on November 20. (Armstrong Dep. 4-6).
15. In early December, 1999, Armstrong again traveled to Florida for the purpose of aiding Liebreich, giving a speech at a fund-raiser for the Lisa McPherson Trust. The videotape of that speech was produced by Liebreich in May 2000. A true and correct written transcript made from the videotape is attached hereto as Exhibit I. At the beginning of his speech, Armstrong brags, AI am under an injunction in the State of California, in fact I am a wanted man in the State of California and I am barred by court order from even mentioning the word >[email protected] He then does exactly what he is prohibited from doing, and apparently delights in spinning a web of lies and half-truths about his experiences as a Church member (his association ended in 1982) and his purported knowledge of the AScientology [email protected]
16. Shortly thereafter, on December 10, Armstrong traveled to Tampa, Florida for an interview at Radio Station WMNF AM where he again boasted of violating the Injunction, and embellished his usual calumny with tales of a AScientology prison [email protected] A true and correct copy of a written transcript of this interview is attached hereto as Exhibit J.
17. From February 20, 1998 through the present, Armstrong has made a total of 131 postings to the Internet, each of which violates one or more provisions of the Injunction. True and correct copies of a sampling of these postings are attached hereto as Exhibit K. A complete listing of these postings is attached as Exhibit L.
18. I notified Mr. Armstrong of this application by sending a copy of this application without exhibits to Armstrong=s e-mail addresses as follows: (1) [email protected], which was used as recently as October 31, 2000; and (2) [email protected], an email address appearing on some of Armstrong=s postings. A copy of the covering email message is attached hereto as Exhibit M. I declare under penalty of perjury pursuant to the laws of the State of California that the foregoing is true and correct. Executed this _____ day of November, 2000 at Sausalito, California.
Andrew H. Wilson