Letter from Court of Appeal

COURT OF APPEAL, FIRST APPELLATE DISTRICT
350 MCALLISTER STREET
SAN FRANCISCO, CA 94102
DIVISION 4

CHURCH OF SCIENTOLOGY INTERNATIONAL,
Plaintiff and Appellant,
v.
GERALD ARMSTRONG,
Defendant and Respondent.

A107100
Marin County No. CV021632

Dear Counsel:

This case is now fully briefed. Counsel are directed to advise the Court immediately if settlement is being pursued or if there is any other basis for an early dismissal of the appeal.

Many cases are submitted for decision without oral argument on the basis of the written briefs which have been thoroughly reviewed by the Court. Such submissions are entirely appropriate and the court does not assign any significance to such a waiver. In the rare event the Court determines that oral
argument would be helpful in a case where argument has been waived, counsel will be notified when to appear.

Notwithstanding the foregoing, if either party feels that oral argument is necessary, a written request with a proof of service upon all parties must be filed in this Court within ten calendar days of the date of this notice. If the oral argument request is not received in the Clerk’s Office before the close of
business at 5:00 p.m., Monday, March 7, 2005
, oral argument will be deemed waived.

If oral argument is requested by any party or deemed warranted by the Court, counsel will be notified subsequently of the date and time for oral argument (Cal. Rules of Court, rule 23 (b) & 23 (c)(2)). A continuance of argument will be granted only upon a showing of good cause; counsel may not stipulate
to a continuance.

February 25, 2005 Laurence D. Kay
Presiding Justice

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