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Armstrong 7

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Recorded tentative ruling, Marin Superior Court

Scientology v. Armstrong Case No. CIV021632
20 September 2007

Church of Scientology International vs. Armstrong
Law and Motion Matter set for September 21st 2007 at 9:00 a.m.
Marin County Superior Court Department L
Honorable Lynn Duryee presiding

Motion to reinstate sentences for contempt and motion for issuance of warrant for Defendant’s arrest.

To the extent Plaintiff is requesting this court to issue an order consistent with the directions in the First District Court of Appeal decision in this matter filed October 19th 2005 A107095 remittitur issued January 18th, 2006; that is, to reinstate the sentences previously imposed on Armstrong for the contempt citations of June 5th 1997 and February 20th 1998 and reinstate the fine on the third contempt citation and to issue a new bench warrant for Defendant Armstrong’s arrest, the motion is granted.

Source: Recorded tentative ruling, Marin Superior Court

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Correspondence with Moxon Re Service of Reply

—–Original Message—–
From: Gerry Armstrong [mailto:gerry@gerryarmstrong.org]
Sent: Wednesday, September 19, 2007 13:08
To: kmoxonatearthlink.net
Subject: RE: Your reply to my opposition to your motion to reinstate, etc.

September 19, 2007

Kendrick L. Moxon, Esquire
Moxon & Kobrin
3055 Wilshire Blvd., Suite 900
Los Angeles, CA 90010

By E-mail:   kmoxon@earthlink.net

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

Dear Mr. Moxon:

That’s perfect, because I’ll only respond to your communication’s last line
as well and thank you for your agreement.

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: Wednesday, September 19, 2007 12:24 PM
To: Gerry Armstrong
Subject: RE: Your reply to my opposition to your motion to reinstate, etc.

I won’;t respond to your communication but for the last line.

I agree to exchnage courtesy copies of all papers filed.

—–Original Message—–
From: Gerry Armstrong [mailto:gerry@gerryarmstrong.org]
Sent: Wednesday, September 19, 2007 11:38
To: kmoxonatearthlink.net
Subject: RE: Your reply to my opposition to your motion to reinstate, etc.

September 19, 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:

You’re welcome for the information. That’s a lot better than scurrilous,
untrue and unnecessary, almost anyone I’m sure would agree.

On August 16 I e-mailed you to ask your client “to agree to mutual e-mailed
courtesy copies of court documents in this case.” The only “consideration” I
added, and clearly mentioned because of its axiomaticity, was that if your
client did not agree, then “there is no choice but to rely completely on our
national postal systems or couriers.”
http://www.gerryarmstrong.org/50grand/legal/a7/e-mail-armstrong-moxon-2007-08.html

I do not show receipt of any communication from you that your client
accepted my proposal or even that you had relayed my offer for
consideration. The next communication from you that I am aware of is your
September 4 e-mail advising me you were going to bring an ex parte
application on September 7. It goes without saying that you didn’t show up
in court at the date and time you stated, and didn’t bother to advise me
that you were not going to be there, or that you hadn’t been there.

The problem with your service of documents is not my agreement or not to be
served by e-mail. The problem is your dishonesty that serves an evil
purpose. I acknowledge your willingess to serve me with hard copies at my
current postal address.

You cannot help but know that I have e-mailed you a courtesy copy of all
documents (except for exhibits where voluminous) that I have filed since I
made my August 16 offer to your client. You yourself state in your footnote
in your reply memorandum (the same footnote in which you claim that on
September 1 you hadn’t received the documents you had received August 31)
that I had “”served” [my] Opposition after the close of business by email on
August 30, 2007.”

Since August 16, I have filed four documents in this case, all of which I
served on you by courier, and e-mailed you a courtesy copy. As far as I
know, you filed one document, your reply, and didn’t e-mail me a courtesy
copy, and you “served” it at a postal address you knew was wrong.

I won’t agree that we serve each other by email. You have already attained
an OT level of service flimflammery in this litigation. With your new
willingness to serve me at my actual postal address, I think we’ve made a
good first step, and you should work hard to maintain this standard without
fail. I would now again propose mutual e-mailed courtesy copies of court
documents.

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: Wednesday, September 19, 2007 7:30 AM
To: Gerry Armstrong
Subject: RE: Your reply to my opposition to your motion to reinstate, etc.

Thank you for this information.

As you know, I had requested agreement several weeks ago that we agree to
serve each other by email but you required other considerations.   I’m
certainly willing to use email in the future (and hard copy service at our
current addresses) to avoid future problems.

Are we agreed?

Kendrick Moxon

—–Original Message—–
>From: Gerry Armstrong <gerry@gerryarmstrong.org>
>Sent: Sep 19, 2007 12:47 AM
>To:  kmoxonatearthlink.net
>Subject: RE: Your reply to my opposition to your motion to reinstate, etc.
>
>September 19, 2007
>
>Kendrick L. Moxon, Esquire
>Moxon & Kobrin
>3055 Wilshire Blvd., Suite 900
>Los Angeles, CA 90010
>
>By E-mail:   kmoxon@earthlink.net
>
>                     Re:        Scientology v. Armstrong
>                            Marin Superior Court Case No. CV021632
>
>Dear Mr. Moxon:
>
>You are a beneficiary and party to Scientology’s contract so perhaps
>you should not be signing your own proofs of service in this action to
>enforce that contract.
>
>You cannot but recall my correspondence with you of August 6 concerning
>my current postal address.
>http://www.gerryarmstrong.org/50grand/legal/a7/def-request-ext-2007-08-
>13-ex
>-a.html
>
>I repeated my current postal address almost n times in that August 6
>e-mail to you.
>
>I’ve included my current postal address in virtually every e-mail I’ve
>sent you since that date, and in every document filed in court and served
on you.
>
>You do not have my current postal address on your proof of service.
>
>So for at least if not more than the nth time, my current postal address
is:
>Gerry Armstrong
>#2-46298 Yale Road
>Chilliwack, B.C. V2P 2P6
>And my phone number is 604-703-1373. Please call if you lose my postal
>address, or for that matter my e-mail address again.
>
>In your reply memorandum dated September 1 you state at p.1, n.1 that
>the hard copy of my opposition to your motion to reinstate, etc., “has
>not yet been received.”
>
>UPS online tracking results show that the hard copy of my opposition
>was signed for by someone in your office (and possibly yourself) at
>10:11 AM on August 31.
>
>[Quote]
>
>Tracking Number:   1Z R6A 361 D3 2081 691 5
>Type:   Package
>Status:   Delivered
>Delivered On:   08/31/2007
>10:11 A.M.
>Delivered To:   LOS ANGELES,   CA,   US
>Signed By:   MENDXZA
>Service:   EXPRESS
>
>Tracking results provided by UPS:   09/19/2007 12:53 A.M.   ET
>
>[End Quote]
>http://preview.tinyurl.com/344a27
>
>The following UPS shipment notification with the same tracking number
>was sent to me on August 30:
>
>[Quote]
>
>———————————————————————–
>—–
>—-
>From: QuantumView [mailto:QuantumViewNotify@ups.com]
>Sent: Thursday, August 30, 2007 2:33 PM
>To: gerry@gerryarmstrong.org
>Subject: UPS Ship Notification, Tracking Number 1ZR6A361D320816915
>
>
>***Do not reply to this e-mail. UPS and GERRY ARMSTRONG will not
>receive your reply.
>
>This message was sent to you at the request of GERRY ARMSTRONG to
>notify you that the package information below has been transmitted to
>UPS. The
>package(s) may not have actually been placed with UPS for shipment. To
>verify when and if the shipment is tendered to UPS and its actual
>transit status, click on the tracking link below or contact GERRY
>ARMSTRONG directly.
>
>Important Delivery Information
>
>———————————————————————–
>—–
>—-
>Signature Required
>Scheduled Delivery: 31-August-2007
>
>Shipment Detail
>
>———————————————————————–
>—–
>—-
>Ship To:
>KENDRICK MOXON, ESQ.
>MOXON & KOBRIN
>3055 WILSHIRE BLVD.
>SUITE 900
>LOS ANGELES
>CA
>90010
>US
>Number of Packages 1
>UPS Service: EXPRESS
>Weight: 1.0 LBS
>
>Tracking Number: 1ZR6A361D320816915
>Reference Number 1: GERRY ARMSTRONG
>
>[End Quote]
>
>I believe that you willfully entered a wrong address on your proof of
>service for your reply memorandum, and that you lied about not
>receiving the hard copy of my opposition by September 1.
>
>If these are really just extreme carelessness, or thoughtless “accidents,”
>that is if you’re making mistakes or doing stupid things, that could be
>evidence that the boss in your vicinity is a sociopath. I would
>strongly urge you to *both* e-mail and hard copy your documents to me,
>at my current
>addresses:
>Gerry Armstrong
>#2-46298 Yale Road
>Chilliwack, B.C. V2P 2P6
>Canada
>gerry@gerryarmstrong.org
>
>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 18, 2007 9:15 PM
>To: Gerry Armstrong
>Subject: Re: Your reply to my opposition to your motion to reinstate, etc.
>
>Yes I did.   Here’s another copy.
>
>I wish you would simply agree that we may serve each other by email.
>It would save us both a lot of trouble.
>
>
>
>—–Original Message—–
>>From: Gerry Armstrong <gerry@gerryarmstrong.org>
>>Sent: Sep 18, 2007 6:19 PM
>>To:  kmoxonatearthlink.net
>>Subject: Your reply to my opposition to your motion to reinstate, etc.
>>
>>September 18, 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:
>>
>>It’s 6:15 PM and I haven’t received your reply if you filed one.
>>Please tell me if you’ve filed a reply and will serve me. Or if you’re
>>not going to file one.
>>
>>Yours sincerely,
>>
>>Gerry Armstrong
>>#2-46298 Yale Road
>>Chilliwack, B.C. V2P 2P6
>>Canada
>>604-703-1373
>>
>