Insane E-Mail from $cientology Crime Cult in C$I v. Armstrong, Marin SC No.152229, or Just an Insane Op?

Exhibit N to Application For OSC Re Contempt

From: Gerry Armstrong <armstr…@dowco.com>
Subject: Insane E-Mail from $cientology Crime Cult in C$I v. Armstrong, Marin SC No.152229, or Just an Insane Op?
Date: 2000/11/10
Message-ID: <j4lo0tobmo45td7vuk666va2bmg72euh4n@4ax.com>
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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.

(c) Gerry Armstrong

[Quote]

From: Andy Wilson <a…@WilsonCampilongo.com>
To: “‘armstr…@dowco.com'” <armstr…@dowco.com>,
“‘armstr…@ntonline.com'” <armstr…@ntonline.com>
Subject: Church of Scientology v. Armstrong; Ex Parte Application
Date: Fri, 10 Nov 2000 10:45:51 -0800
X-Mailer: Microsoft Internet E-mail/MAPI – 8.0.0.4211
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 religious corporation,

Plaintiff,

vs.

GERALD ARMSTRONG,

Defendant.

________________________________

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CASE NO. 152229

EX PARTE APPLICATION FOR
ORDER TO SHOW CAUSE RE
CONTEMPT; MEMORANDUM OF
POINTS AND AUTHORITIES;
DECLARATION OF ANDREW H.
WILSON

Date:
Time:
Department:

Plaintiff/Judgment Creditor Church of Scientology International
(ACSI@) hereby applies ex parte for an order directing
Defendant/Judgment Debtor Gerald Armstrong (AArmstrong@) 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 AInjunction@).

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

By: __________________________
Andrew H. Wilson

Attorneys for
Plaintiff/Judgment Creditor
CHURCH OF SCIENTOLOGY INTERNATIONAL

MEMORANDUM OF POINTS AND AUTHORITIES
I. INTRODUCTION
Plaintiff/Judgment Creditor, Church of Scientology International
(ACSI@) asks
this Court to issue an Order to Show Cause why Defendant/Judgment
Debtor, Gerald Armstrong (AArmstrong@) should not be held in contempt
of this Court=s Order of Permanent Injunction entered herein on
October 17, 1995 (the AInjunction@). 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 Decl.@) at & 15, Ex. H, p. 1.
Armstrong=s admitted contempt requires him to answer in contempt, and
an order to show cause should issue.
FACTS

December of 1986, Armstrong freely and voluntarily entered into a
Mutual Release of All Claims and Settlement Agreement (the
AAgreement@) pursuant to which CSI paid Armstrong $800,000.00.
(Wilson Decl. at &2.) In exchange, Armstrong promised, in essence, to
cease disseminating Ainformation@ 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
AOrder@) 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 AJudgment@);
the Order and Judgment are collectively sometimes referred to as the
AInjunction@. The Injunction prohibits Armstrong from voluntarily
assisting any persons litigating claims adverse to defined
ABeneficiaries@ including CSI, from making public statements regarding
any of the Beneficiaries, and from creating and/or publishing Aworks@
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.
II. ARGUMENT
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 court.@ 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 contempt.@ 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 order.@ (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 Ainformation@ 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 disobedience@ 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.
III. CONCLUSION
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

By: __________________________
Andrew H. Wilson
Attorneys for Plaintiff/Judgment Creditor
CHURCH OF
SCIENTOLOGY INTERNATIONAL

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 AAgreement@) 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 souls.@ 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 AOrder@) following certain motions
for the Summary Adjudication of Issues by CSI. Such Order was later
incorporated into the judgment (AJudgment@) 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 AInjunction.@)
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 Dep.@) 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 >scientology.=@ 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 organization.@
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 system.@ 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) armstr…@dowco.com, which was used as recently as
October 31, 2000; and (2) armstr…@ntonline.com, 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

[End Quote]

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