Correspondence with Moxon re Ex Parte Application

From: Gerry Armstrong [mailto:gerry@gerryarmstrong.org]
Sent: Wednesday, September 05, 2007 12:48
To: kmoxonatearthlink.net
Subject: RE: Ex parte application

September 5, 2007

Kendrick L. Moxon, Esquire
Moxon & Kobrin
3055 Wilshire Blvd., Suite 900
Los Angeles, CA 90010
By E-mail:   kmoxonatearthlink.net

Re:    Scientology v. Armstrong
Marin Superior Court Case No. CV021632

Dear Mr. Moxon:

My position is stated in my opposition to your ex parte application to  strike my motion to set an evidentiary hearing pursuant to C.C.C.  § 1670.5 attached and express couriered to you.

I will let you know my intention without reservation after the tentative  ruling tomorrow.

Yours sincerely,

Gerry Armstrong
#2-46298 Yale Road
Chilliwack, B.C. V2P 2P6
Canada
604-703-1373

—–Original Message—–

From: kmoxonatearthlink.net [mailto:kmoxonatearthlink.net]
Sent: Tuesday, September 04, 2007 1:45 PM
To: Gerry Armstrong
Subject: Ex parte application

Mr. Armstrong,

At the time of the hearing on Friday, September 7th at 9:00 before Judge  Duryee, I also intend to bring an ex parte application to strike your motion  for an evidentiary hearing in October, on the grounds that the Superior Court has already ruled the issue of the injunction and the   settlemnet  agreement it is based upon, is res judicata.   The Court of Appeals also noted it was res judicata.   You misapprehended the court’s comments at the 2004 trial on “unconsionability”, as the court merely said it would be  unconsionable to assess more than $500,000 more at this point.   The court  did not say the settlemnet agreement or the injunction was unconsionable.

Please advise of your position on this and whether you intend to appear to oppose the motion.

Kendrick Moxon
MOXON & KOBRIN
3055 Wilshire Blvd., Suite 900
Los Angeles, CA 90010
(213) 487-4468

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