Armstrong Religious persecution by Scientology, Appeal Brief Part 1

The Armstrong Religious persecution by Scientology, Appeal Brief Part 1 CALIFORNIA COURT OF APPEAL FIRST APPELLATE DISTRICT DIVISION FOUR CHURCH OF SCIENTOLOGY INTERNATIONAL Plaintiff and Respondent v. GERALD ARMSTRONG, Defendant and Appellant. Appeal No. A075027 Marin County Superior Court No. 157680 APPELLANT'S OPENING BRIEF Gerald Armstrong C/O George W. Abbott, Esquire 2245-B Meridian Boulevard P.O. Box 98 Minden, Nevada 89423-0098 Defendant and Appellant In Propria Persona (702)782-2302 TABLE OF CONTENTS I.INTRODUCTION................................................-1- II. ARMSTRONG'S HISTORY WITH SCIENTOLOGY......................-3- A. Pre-Settlement........................................-4- B. The Settlement........................................-7- C. From Settlement to First Response....................-10- D. Fair Game After Armstrong's First Response...........-14- E. Armstrong's Actions..................................-17- F. Scientology's Enforcement Litigation.................-19- III. ARGUMENT................................................-29- A. There is a Triable Issue as to Duress................-29- B. There is a Triable Issue as to Fraud.................-32- C. There is a Triable Issue as to Justification.........-34- D. The Settlement Agreement Obstructs Justice...........-36- E. There is a Triable Issue as to the Validity of the Liquidated Damages Provision..................-41- F. The Settlement Agreement Violates Freedom of Speech....................................-45- G. The Settlement Agreement Violates the Thirteenth Amendment.............................-47- H. The Settlement Agreement Violates Freedom of Religion..................................-48- IV. CONCLUSION...............................................-50- TABLE OF AUTHORITIES ITT Telecom Products Corp. v. Dooley (1989) 214 Cal.App.3d 307, 319......................................-46- Scientology v. Armstrong, (1991) 232 Cal.App.3d 1060, 283 Cal. Rptr. 917......................-13- Civ. Code, Sec.1671, Subd (b).............................-24,41- I.INTRODUCTION This is an appeal from a Marin County Superior Court judgment obtained by plaintiff Church of Scientology International, hereinafter (also with other components of the global Scientology organization) "Scientology" or "Scn," against defendant Gerald Armstrong, hereinafter "Armstrong" or "GA," pursuant to a series of summary adjudication motions. The judgment (Clerk's Transcript on Appeal, hereinafter "CT," 9783-85) includes a monetary award of $300,000 in "liquidated damages," $334,671.75 in costs, and an order of permanent injunction against GA. The judgment and injunction (CT 9786-94) are the result of the enforcement by way of breach of contract action of a 1986 "Mutual Release of All Claims and Settlement Agreement," hereinafter "SA" (CT 116-31) which was to end then existing Los Angeles Superior Court litigation between Scn and GA. The SA requires, inter alia, that GA not mention Scn, his knowledge thereof or experiences therein(CT 121-3), not voluntarily assist or advise Scn's litigation opponents including governmental agencies (CT 125,6; 128), and avoid service of process (CT 125,6). The SA also included a liquidated damages provision of $50,000 (CT 123) for any such mention or assistance by GA. Scn claims that GA violated the SA some 50 times, which are listed in the injunction, between 1991 and 1995. (CT 9787-91) The order of injunction states: "[GA], 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: 1. Voluntarily assisting any person (not a government organ or entity) intending to make, intending to press, intending to arbitrate, or intending to litigate a claim, regarding such claim or regarding pressing, arbitrating, or litigating it, against any of the following persons or entities: - [The Church of Scientology International, Church of Scientology of California, Religious Technology Center, Church of Spiritual Technology, all Scientology and Scientology affiliated Churches, organizations and entities, Author Services, Inc., and all their officers, directors, agents, representatives, employees, volunteers, successors, assigns and legal counsel;] - The Estate of L. Ron Hubbard, its executor, beneficiaries, heirs, representatives, and legal counsel; and/or - Mary Sue Hubbard; (Hereinafter referred to collectively as "the Beneficiaries"); 2. Voluntarily assisting any person (not a government organ or entity) defending a claim, intending to defend a claim, intending to defend an arbitration, or intending to defend any claim being pressed, made, arbitrated or litigated by any of the Beneficiaries, regarding such claim or regarding defending, arbitrating, or litigating against it; 3. Voluntarily assisting any person (not a government organ or entity) arbitrating, or litigating adversely to any of the Beneficiaries; 4. Facilitating in any manner the creation, publication, broadcast, writing, filming audio recording, video recording, electronic recording or reproduction of any kind of any book, article, film, television program, radio program, treatment, declaration, screenplay or other literary, artistic or documentary work of any kind which discusses, refers to or mentions Scientology, the Church, and/or any of the Beneficiaries; 5. Discussing with anyone, not a member of Armstrong's immediate family or his attorney, Scientology, the Church, and/or any of the Beneficiaries." GA contends that his signature was obtained by Scn on the SA by duress, fraud and the compromise of his then attorney. GA contends that all his alleged breaches of the SA were in response to and in self-defense against Scn's post-settlement attacks on him, and that as such his actions were legally justified. He contends that the purpose and function of the SA and its enforcement are obstruction of justice, and as such are against public policy. He contends that the SA and the injunction impermissibly violate his Constitutional rights to freedom of religion, freedom of speech, freedom of association, due process and freedom from slavery; and impermissibly eliminate his litigant's, clergyman-penitent, therapist-patient and doctor- patient privileges. GA contends that the liquidated damages provision impermissibly acts as punishment, that the amount has no reasonable relationship to Scn's actual damages for his alleged breaches, and that there are sufficient disputed facts concerning circumstances at the time of the settlement of the Los Angeles action to make imposition of monetary damages and disposition of the case by summary judgment clear judicial error. GA contends that there is also a triable issue of fact as to the intentions of the settling parties regarding Scn's being bound by the same silence conditions. Finally, GA contends that the court below erred in not considering his defenses and not considering the miscarriage of justice which would result from its erroneous judgment. GA is not an attorney and has no present access to published California and US laws and appellate opinions. He was represented by competent counsel throughout most of the litigation in the court below, and he relies on and incorporates herein his counsel's memoranda of points and authorities in his oppositions, with all arguments and citations therein, to Scn's various summary adjudication motions (CT 8252-75; 8243-51; 3875-98; 9349-63) and in his motion for reconsideration and reply. (CT 9046-62; 9509-18) II. ARMSTRONG'S HISTORY WITH SCIENTOLOGY Unless otherwise indicated, all facts in this section are from GA's Separate Statements of Disputed and Undisputed Facts in Opposition to Summary Adjudication Motions (CT 8276-410; 8411-553) and GA's Evidence in Support of Oppositions to Summary Adjudication Motions (CT 5871-8242), all properly before the trial court. Any document cited to is identified only in the initial citation. Facts stated in the Separate Statements are designated (SS (no.), CT (no.). Certain documents contained in GA's Evidence before the court below, which are inexplicably missing from the Clerk's Transcript, and are designated "Missing." A. Pre-Settlement GA was inside Scn from 1969 through 1981. From 1971 until he left the organization he was a member of the Sea Organization, the highly dedicated upper echelon of Scn, and worked for Scn founder and director L. Ron Hubbard. GA's last position inside Scn involved assembling an archive of Hubbard's personal documents and providing research assistance and copies of the archive documents to a writer Omar Garrison who had been contracted to produce Hubbard's biography. Through his study of the papers in his possession GA came to see that Hubbard and his organization had continuously lied about Hubbard's past, credentials and accomplishments. GA attempted to get the organization to correct the lies, but his efforts were rejected and he was ordered to a "security check," a Scn interrogation using its lie detector, also called an E-meter. GA saw that his trust, which he had placed in Hubbard and Scn for more than 12 years, had no meaning, and that the frauds perpetrated about Hubbard's life would continue; and as a result GA left the organization. (Decision, 6/20/84, Scientology v. Armstrong, hereinafter, "Armstrong I,"LASC No. 420153, CT 5960-70) Shortly after leaving, GA became the target of Scn's "Fair Game Doctrine," which permits individuals designated as "enemies," also called "Suppressive Persons," hereinafter "SP's," to be "deprived of property, injured by any means by any Scientologist... tricked, sued, or lied to or destroyed." (Scn Policy, CT 6934; SS 1A, CT 8412) GA says that "fair game" is the name given by Hubbard to his philosophy of opportunistic hatred directed at anybody he didn't like. GA observes that over Hubbard's adult life he used hatred and acts which flow therefrom (lying, cheating, stealing, compromising, entrapping, obstructing, bullying, blackmailing, destroying) as the solution to his problems. (GA Declaration 12/25/90, CT 6139,40) Scn declared GA an SP, published documents accusing him falsely of crimes and high crimes including promulgating false information about Hubbard and Scn (SP Declares, CT 7354-7; SS 1A, CT 8416,7), and seized photographs GA possessed. Fearing that his wife's and his life were in danger GA, who had extensive knowledge of covert intelligence operations carried out by Scn against SPs, obtained from Garrison documents GA believed he would need to defend himself against Scn, and sent them to attorneys who had agreed to represent him in his defense. (CT 5972,3; SS 1A, CT 8412) One of the attorneys was Michael Flynn, whom Scn considered its foremost lawyer enemy. (CT 5958) Scn filed its Armstrong I suit against GA in August, 1982 for conversion, breach of fiduciary duty and invasion of privacy. The documents GA sent to his attorneys were ordered to be delivered to the LASC Clerk where they remained until the 1986 settlement. Scn also hired individuals who followed and surveilled GA, assaulted him, struck him bodily with a car, and attempted to involve him in a freeway accident. The same individuals spied in GA's windows, created disturbances and upset his neighbors. (CT 5973,4; SS 1A, CT 8412) GA filed a cross-complaint against Scn for, inter alia, fraud and intentional infliction of emotional distress. Scn's suit, from which the cross-complaint was severed, was tried without a jury by Judge Paul G. Breckenridge, Jr. in the spring of 1984, resulting in a decision for GA. Judge Breckenridge found that Scn and Mary Sue Hubbard had unclean hands and that GA's actions in sending the documents to his attorneys were reasonable and justified because he reasonably believed he was the target of "fair game." (CT 5948-59; SS 126, CT 8517) The Judge stated: "[GA] did what he did, because he believed that his life, physical and mental well being, as well as that of his wife were threatened because the organization was aware of what he knew about the life of LRH (Hubbard), the secret machinations and financial activities of the Church, and his dedication to the truth. He believed that the only way he could defend himself, physically as well as from harassing lawsuits, was to take from Omar Garrison those materials which would support and corroborate everything he had been saying about LRH and the Church, or refute the allegations made against him in the [SP] Declare. He believed that the only way he could be sure that the documents would remain secure for his future use was to send them to his attorneys, and that to protect himself, he had to go public so as to minimize the risk that LRH, the Church or any of their agents would do him physical harm." (CT 5952) Judge Breckenridge condemned Scn's "fair game" policy: "In addition to violating and abusing its own members civil rights, the organization over the years with its "Fair Game" doctrine has harassed and abused those persons not in the Church whom it perceives as enemies. The organization clearly is schizophrenic and paranoid, and this bizarre combination seems to be a reflection of its founder LRH. The evidence portrays a man who has been virtually a pathological liar when it comes to his history, background and achievements. The writings and documents in evidence additionally reflect his egoism, greed, avarice, lust for power, and vindictiveness and aggressiveness against persons perceived by him to be disloyal or hostile." (CT 5955,6) Judge Breckenridge condemned Scn's abuse of its participants' auditing or psychotherapy records: "culling supposedly confidential "P.C. folders or files" to obtain information for purposes of intimidation and/or harassment is repugnant and outrageous." (CT 5958,9) Judge Breckenridge commented on GA's credibility: "the court finds the testimony of [GA and 7 other named defense witnesses] to be credible, extremely persuasive, and the defense of privilege or justification established and corroborated by this evidence. [ ] In all critical and important matters, their testimony was precise, accurate and rang true." (CT 5954) Judge Breckenridge also stated that: "[GA] and his counsel are free to speak or communicate upon any of [GA's} recollections or his life as a Scientologist or the contents of any exhibit received in evidence or marked for identification and not specifically ordered sealed." (CT 5950) The decision was entered as a Judgment and Scn appealed. Following the 1984 decision and until the 1986 settlement Scn continued its fair game attacks on GA which included at least these acts: attempted entrapment; illegal videotaping; filing false criminal charges against him with the Los Angeles District Attorney; filing false criminal charges against him with the Boston office of the FBI; filing false declarations to bring contempt of court proceedings against him on three occasions; obtaining perjured affidavits from English private investigators who had harassed him in London, England in 1984, accusing him of distributing "sealed" documents; international dissemination of Scientology publications falsely accusing him of, inter alia, crimes, including crimes against humanity; culling and disseminating information from his supposedly confidential auditing or psychotherapy file. (SS 1A, CT 8413-8; GA Declaration, 3/16/92, CT 6910-1; GA Declaration, 9/15/95, CT 5897-9; LAPD Officer Rodriguez letter re eavesdropping, 11/7/84, CT 6941; LAPD Chief Gates Announcement, 4/23/85, CT 6942; LA DA letter, 4/25/86, CT 6943-55; "Freedom," 1985, CT 7060-71; Scn Directive, 9/20/84, CT 7119,20); GA Declaration, 11/1/86, CT 6411-47. Scn calls falsehoods used to destroy reputation or public belief in a person, "black propaganda," or "black PR." (SS 1A, CT 8413; Scn policies 11/21/72 and 11/5/71, CT 7376-87) Scn also calls black PR "dead agent," and documents used for black PR purposes "dead agent documents" or "DA docs." See also Scn's Request for Judicial Notice, GA Declaration, 2/22/94, (CT 5580-93; GA Declaration, 2/20/94, CT 5624-39; SS 1A) GA's attorney Michael Flynn was the target of Scientology's fair game from 1979 through the time of the signing of the settlement agreements. Fair game acts against Flynn included infiltrating his office, paying known criminals to testify falsely against him, suing him and his office some fifteen times, framing him with the forgery of a $2,000,000 check, and an international black PR campaign. (SS 1B, CT 8418-20; GA Declaration, 9/9/95, CT 8245; CT 6125; GA Declaration, 1/13/94, CT 6967,8; "Juggernaut" Intelligence Eval, 9/13/81, CT 6310-6324; Jonathan Atack Declaration, 4/9/95, CT 7964; Settlement Agreement between Flynn and clients 6938,9 (signed version at CT 5483); CT 5899,900). B. The Settlement At the beginning of December, 1986 an agreement was reached between Flynn and Scn to settle the cases in which he was involved as counsel or party. GA was then working for Flynn in his Boston office, was aware that settlement talks were occurring, and had an agreement with Flynn on a monetary amount to settle his cross- complaint, then set for trial in March, 1987. GA was flown to Los Angeles, as were several other clients with claims against the organization, to participate in a global settlement. Only after his arrival in LA was he shown a copy of the SA and other documents which he was expected to sign. (CT 6911,2; 6125,6; 5900,1) Upon reading the SA, GA was shocked and heartsick. He told Flynn that the condition of strict confidentiality and silence with respect to his experiences with Scn, since they involved over seventeen years of his life, was impossible. GA told Flynn that the liquidated damages provision was outrageous; that pursuant to the settlement agreement he would have to pay $50,000.00 if he told a doctor or psychologist about his experiences from those years, or if he put on a resume what positions he had held during his Scn years. He told Flynn that the requirements of non-amenability to service of process and non-cooperation with persons or organizations adverse to the organization were obstructive of justice. He told Flynn that agreeing to leave Scn's appeal of the Armstrong I decision and not respond to any subsequent appeals was unfair to the courts and all the people who had been helped by the decision. He told Flynn that an affidavit the organization was demanding that he sign along with the SA was false. GA told Flynn that he was being asked to betray everything and everyone he had fought for against Scn injustice. (CT 6911-2; 6126,7; 5901) In answer to GA's objections Flynn said that the silence and liquidated damages clauses, and anything which called for obstruction of justice were "not worth the paper they're printed on." Flynn told GA this a number of times and in a number of ways; "You can't contract away your Constitutional rights; "the conditions are unenforceable." Flynn said that he had advised Scn attorneys that those conditions in the SA were not worth the paper they were printed on, but that they, nevertheless, insisted on their inclusion in the SA and would not agree to any changes. Flynn said that Scn's attorneys had promised that the affidavit, which all the settling litigants were signing, would only be used by Scn if GA began attacking it after the settlement; and if GA did not attack Scn the affidavit "would never see the light of day." Flynn pointed out to GA the clauses concerning his release of all claims against Scn to date and its release of all claims against GA to date and said that they were the essential elements of the settlement and were what Scn was paying for. (CT 6912,3; 6127; 5901; SS 116; CT 8509) Flynn told GA that everyone was sick of the litigation and wanted to get on with their lives. Flynn said that he was sick of the litigation, the threats to him and his family and wanted out. He said that as a part of the settlement he and all co-counsels had agreed to not become involved in organization-related litigation in the future. He expressed a deep concern that the courts in this country cannot deal with Scn and its lawyers and their contemptuous abuse of the justice system. He told GA that if he didn't sign the documents all he had to look forward to was more years of harassment and misery. Another client in the room with Flynn and GA during this discussion yelled at GA, accusing him of killing the settlement for everyone, and saying that everyone else had signed or would sign, and everyone else wanted the settlement. Flynn said that Scn would only settle with everyone together; otherwise there would be no settlement. (SS 1C, 1D, 1E, CT 8420,1; CT 6913; 6127,8; 5902) Flynn said that he had to get out of the fight, that he had done enough, that he had paid his dues, that Scientology had ruined his marriage, his wife's health and his life. (CT 5902) Flynn told GA that a major reason for the settlement's global form was to give Scn the opportunity to change its combative attitude and behavior by removing the threat he and his clients represented to it. Flynn said that Scn's willingness to pay substantial sums of money, after its agents and attorneys had sworn for years to pay his clients "not one thin dime" was evidence of a philosophic shift within the organization. GA told Flynn that the SA evidenced the unchanged philosophy of fair game, and that if Scn did not use the opportunity to transform its antisocial nature and actions toward its members, critics and society he would, a few years hence, because of his knowledge of Scn fraud and fair game, be again embroiled in its litigation and targeted for extralegal attacks. (SS 98, CT 8487; CT 6913,4; 6128; 5902) GA had been positioned as a deal-breaker, with all the other settling parties depending on his signing in order to have the fair game cease. He reasoned that if he signed, his co-litigants, some of whom he knew to be in financial trouble, would be happy, the stress they felt would be reduced and they could get on with their lives. Flynn and the other lawyers would be happy and the threat to them and their families would be removed. Scn would have the opportunity they said they desired to clean up their act and start anew. GA would have the opportunity to get on with his life and the financial wherewithal to do so. He was also not unhappy to at that time not have to testify in all the litigation nor to respond to the media's frequent questions. He knew that if Scn continued its fair game practices toward him he would be left to defend himself; so, armed with Flynn's advice that the SA conditions he found so offensive were not worth the paper they were printed on, and the knowledge that Scn's attorneys were also aware of that legal opinion, GA put on a happy face and the following day went through a videotaped signing, which he saw as a charade. (CT 6914,5; 6129,30; 5902) C. From Settlement to First Response It was GA's understanding and intention at the time of the settlement that he would honor the silence and confidentiality conditions of the SA, and that Scn had agreed to do likewise. (CT 6916) GA delivered to Scn the evidence he had accumulated in his case, released to Scn the documents held by the LASC, and agreed to the sealing of the Court file. (CT 123,4; 5925; 5940) After the settlement, GA got on with his life, did many usual or unusual things including pursuing religious studies, left Scn alone, and did not speak publicly about Scn or his experiences. (CT 6997-7000; 5902,3) Scn, however, could not leave GA alone but continued to disseminate falsehoods about him publicly, and file false statements about him in legal proceedings. He perceived that he was still fair game, yet for 3 years, although saddened by the attacks, he did nothing in response. These fair game attacks after December, 1986, but prior to any acts by GA which Scn claims are breaches of the SA, include at least: delivering DA Documents (black PR) on him to various media representatives; publishing Scn's own false descriptions of his experiences; disseminating to the media an edited, misleading and defamatory version of the secret and illegal videotape its agents made of him; disseminating his own documents which had been sealed on Scn's insistence in Armstrong I; filing affidavits about him in a civil lawsuit in England (Scientology v. Miller & Penguin Books, High Court of Justice, London, England, Case No. 1987 C 6140) which falsely charged, inter alia, that GA violated court orders and was an admitted agent provocateur of the US Government; threatening him with being sued if he even talked to attorneys in the Miller case in which the false charges about him were being made; threatening to expose a private writing if he did not assist Scn's effort to prevent a civil litigant, Bent Corydon, from obtaining access to the Armstrong I LASC case file; threatening him with being sued if he testified about his Scientology experiences even pursuant to a subpoena. (SS 105A-H, CT 8491-3; CT 6916-9; 5931-46; 5903,4; Excerpts DA document, CT 6007- 10; videocassette face, Missing; Affidavits of Kenneth Long, CT 6011-69 (first page missing); CT 6072-102; Affidavit of Sheila Chaleff, CT 6060,1; GA 1977,8 wage and tax statement, CT 6028; GA Affidavit, CT 6029; Nondisclosure and Release Bond, CT 6030; GA Deposition Transcript, CT 6031-43; GA Affidavit, CT 6087-102; CT 5926-8; 5943,4; 6919; 5970; 5904; 6135,6; GA Declaration, CT 6219,30). In 1987 Scn also filed in one of its cases with the IRS the affidavit it had required GA sign as part of the settlement, in direct violation of the promise it made through Flynn to only use the document if GA attacked it. (CT 6138,9; IRS Final Adverse Ruling re Church of Spiritual Technology, 7/8/88, CT 6241-3; CT 5903) In October, 1989 GA was served with a deposition subpoena by plaintiff in the case of Bent Corydon v. Scientology, LASC No. C694401. (CT 5925; Subpoena, CT 5990-4). Shortly afterward he was called by Scn attorney Lawrence Heller, with whom he had three telephone conversations over the next month. In these conversations Heller threatened that GA could be sued if he testified, even though he had been subpoenaed, and that he should refuse to answer the deposition questions put to him by Corydon's attorney. Heller offered to have Scn pay for a lawyer to represent GA at the deposition. Heller requested GA to execute a declaration to assist Scn in preventing GA's deposition from going forward, and threatened that GA would have hassles if the deposition did go forward. Heller also stated to GA that he should honor the SA because Scn had honored it. Heller said that Scn had signed a non- disclosure agreement as well and had lived up to it. GA told Heller that Scn had filed declarations about him, put out dead agent documents on him, and used the illegal videotape. GA made notes of the conversations with Heller and recorded his side of the final conversation. (CT 5925-8; 5943,4; Phone notes, CT 6227-37; Transcript, CT 6238,9; CT 5904; 6135-7; CT 6919; CT 6970; CT 5904; SS 105H, 8493,4; SS 103, CT 8490) On November 1, 1990 Scn filed a motion in Corydon to delay or prevent the taking of certain third party depositions, one of whom was GA. (CT 5995-6006) The motion and supporting declaration were signed by attorney Heller who stated that he was personally involved in the settlements. (Heller Declaration, CT 6002) Heller stated in the motion: "One of the key ingredients to completing these settlements, *insisted upon by all parties involved,* was strict confidentiality respecting: (1) the Scientology parishioner or staff member's experiences with the Church of Scientology; (2) any knowledge possessed by the Scientology entities concerning those staff members or parishioners." (Underline in orig.) (SS 102, CT 8489,90; CT 5998) Heller stated in his declaration: "The non-disclosure obligations were a key part of the settlement agreements insisted upon by all parties involved." (SS 101, CT 8488,9; CT 6003) "The contractual non-disclosure provisions were the one issue which was not debated by any of the parties or attorneys involved." (CT 6003) As a result of Heller's telephoned threats, which deeply troubled him, GA concluded that the SA and Scn's efforts to enforce it were acting to obstruct justice, and if he allowed himself to be intimidated by the threats he would be abetting that obstruction. He concluded that he had a right, and even a duty, regardless of whatever the SA said, to not obstruct justice. He concluded that he could not avoid a confrontation with Scn, and only then responded to defend himself and to correct what he perceived were the injustices created by the SA and Scn's misuse and violations thereof. (CT 5928; 5930; 5940; 5945; 6919; 6970; 5904) Scn was given a period of years to cease fair game. GA and the other settling litigants had honored the agreements, removed themselves as threats and allowed Scn the opportunity to change its combative attitude and behavior. GA concluded that disclosure of Scn's attitude and behavior would relieve and ultimately eliminate fair game. (CT 6141,2) When he researched his rights, responsibilities and how to proceed in response to Scn's threats and fair game, GA learned that through the intervening five years Scientology had been able to maintain its appeal from the 1984 Armstrong I decision, Scientology v. Armstrong, No. B025920, Second District, Division Three. GA petitioned for permission to respond in the appeal. The Court granted his petition, and also unsealed the SA, which he had filed as a sealed exhibit to his petition. (SS 106, CT 8494,5; CT 6919,20; 5904; Petition, CT 6113-8) At the same time GA also petitioned Division Four of the Second District for permission to respond in another appeal, Corydon v. Scientology, No. B038975, that Scn had taken from a 1988 LASC order granting Corydon's motion to unseal the Armstrong I court file. (Petition, CT 6119-22) Scn opposed GA's petition and he filed a declaration dated March 15, 1990, (CT 5925-6123) detailing many of the organization's post settlement threats and attacks and stating his position regarding the unenforceability of several conditions of the SA. (CT 6970,1) The Division Four Court granted GA's petition, and he filed a respondent's brief in both appeals, which were ultimately consolidated. On July 29, 1991 the Court of Appeal affirmed the 1984 decision and judgment in Armstrong I (Scientology v. Armstrong, 232 Cal.App.3d 1060, 283 Cal. Rptr. 917.) The Court of Appeal stated: "These [Suppressive Person] "declares" subjected Armstrong to the "Fair Game Doctrine" of the Church which permits a suppressive person to be "tricked, sued or lied to or destroyed...[or] deprived of property or injured by any means by any Scientologist." (Id. at 1067; 920) (SS 127, CT 8517,8) In September, 1991 Scn filed a motion in the Court of Appeal to seal the record on appeal, (CT 6521-88) based in part on the assertion that "an integral, indispensable part of that [Armstrong I] settlement was the sealing of the court's records." (CT 6529) GA filed an opposition to the motion to seal (CT 6589-902) in which he stated that "[t]he superior rights regarding the materials plaintiffs want sealed are those of defendant whose safety from attack rests in part on the availability of information and the openness of court files, and those of the public who have a Constitutional right to precisely the kind of information these materials contain." (CT 6592). The Court of Appeal denied Scn's motion to seal the record. (CT 6903) D. Fair Game After Armstrong's First Response From the time GA petitioned the Court of Appeal, Scn has continued to fair game him without letup. These attacks include, but are not limited to: (SS 107A-L, CT 8495-503; CT 5913-4) + Disseminating to the media dead agent packs of black PR on him which provide Scn's false version of his experiences and include at least the following lies: - he testified falsely at trial in 1984 (Scn DA Docs re GA and Judge Breckenridge, CT 7527; 7533; 7600; 7605) - he "has adopted a degraded life-style (CT 7528; 7600) - he was "apparently naked" in a newspaper photo (CT 7528) - he is connected to Cult Awareness Network, hereinafter "CAN," described by Scn as "a referral agency for those who engage in the illegal activity of kidnapping adults for the purpose of forcibly persuading them to abandon their religious beliefs" (CT 7528) - his defense at his 1984 trial "was a sham and a fraud" (CT 7528,9; 7614) - the LAPD "authorized" [Scn's] videotapes of GA (CT 7529; 7615) - GA wanted to plant fabricated documents in Scientology files and tell the IRS to conduct a raid (CT 7529-31; 7609; 7615,6) - he wanted to plunder Scientology for his own financial gain (CT 7530) - he never intended to stick to the terms of the SA (CT 7532; 7617) - his motives in writing attorney Eric Lieberman regarding the case of Malcolm Nothling v. Scn, in South Africa were money and power (CT 7533; GA letter, 6/21/91, CT 7482-98) - he was incompetent as a researcher on the Hubbard biography project (CT 7533; 7622) - he wanted to orchestrate a coup in which members of the US Government would wrest control of Scn (CT 7531; 7616) + Using transcripts and other documents to attack him which Scn itself has insisted be sealed (CT 7537-97; 7533; 7534; 7610; 7616; 7623) + Publishing black PR on him without stating its source which provide Scn's false version of his experiences and include at least these false and/or perverted charges: - he was formerly a heavy drug user (Scn publication "FACTNet," CT 7514) - he was paid to provide homosexual sex (CT 7514) - a Marin Independent Journal photo showed him in the nude holding the globe (CT 7514; Marin IJ article 11/11/92, CT 7184) - he is a psychotic and lives in a delusory world (Scn publication "FACTNet," CT 7520) + Scn director Michael Rinder wrote a letter to the Mirror Newspaper Group in London, United Kingdom in which he stated that GA "has now distinguished himself by posing naked in a newspaper" (Rinder letter, 5/9/94, CT 7524) + Scn President Heber Jentzsch wrote a letter, sent with documents about GA, to E! Television in which he stated that GA "has no relation to art or artists...except, of course, for the photo of himself, nude, hugging the globe (Jentzsch letter 8/5/93, CT 7693) + Scn agent Eugene Ingram spread the lie that GA has AIDS (CT 5916; 8226,7; Videotape taken by Ingram of GA at November, 1992 CAN Convention, CT 8242; Notice of Lodging Videotape, CT 8676,7)) + Scn agent Garry Scarff was briefed by Ingram to expand on the [invented] "fuck buddy" relationship between GA and attorney Ford Greene (Scarff declaration, 2/11/93, CT 7510) + Filing declarations and other documents in various courts containing false charges, and then using the SA to prevent GA from responding or to punish him for responding (Declaration of David Miscavige, 2/8/94, filed in Scientology v. Fishman, USDC Cen. Dist. Cal. No. 91-6426 HLH, CT 7655,6; CT 5580-93; 5624-39; Scn's Second Amended Complaint herein, CT 5356,7; Scn's motion for summary adjudication of 13th, 16th, 17th & 19th causes of action, 3/17/95, CT 5312,3; Scn's separate statement in support of motion for summary adjudication, 2/23/95, CT 4524.44 CT 9789) (Scn's Supp. Memo. in Support of Motion to Dismiss, 8/26/91, filed in Aznaran v. Scientology, USDC Cen. Dist. Cal. No. 88-1786 JMI, CT 6682-6; Declaration of Sam Brown, 8/26/91, CT 6714,5; Declaration of Lynn Farny, 8/26/91, CT 6725-7; Reply in Support of Motion for Summary Judgment, 8/26/91, filed in Aznaran, CT 6797-9; GA Declaration, 9/3/91, CT 6802-12; CT 4524.36; CT; CT 9787) + Attempting to have Armstrong jailed for contempt of court based on mischaracterization of his actions and manufactured actions (Scn's Ex Parte Application herein for OSC re Contempt, 12/31/92, CT 7121-84; GA Declaration, CT 7406,7; Scn's evidence, GA declaration, 2/2/93, CT 5016-44; Scn's Ex Parte Application for OSC re Contempt, 7/26/93, CT 1628-739; Order of Judge Diane Wayne herein discharging OSC, 7/29/94, CT 7499-501) + Providing documentation to Premiere magazine about GA, including partial transcripts of the illegal Ingram videotaping of him and then using the settlement agreement to punish GA for responding (Article "Catch a Rising Star, 9/93, CT 7672; GA letter, 10/11/93, CT 4811-4; CT 4524.48; Scn's motion for summary adjudication of 20th cause of action, CT 4524.11; CT 9790) + Providing a press release to the Marin Independent Journal concerning the Court's 1/27/95 ruling, which discusses GA's Scn experiences and contains the false statement that he "promised [in the SA] to refrain from spreading falsehoods about [Scn];" and then using the settlement agreement to punish GA for responding; (Scn press release from Nancy O'Meara and Andrew H. Wilson, 1/95, CT 7692; GA letter to O'Meara, CT 5056; CT 4524.17,8 + Secretly videotaping him (GA letters, 8/21/91, 8/22/91, CT 6834-9; CT 6714) E. Armstrong's Actions In August, 1990, GA was in a new home he had purchased in Marin County, and living his life. (CT 6998-7000) Although still a troubled target of fair game, he considered himself free of the SA's restrictions, not only because of what Flynn had told him at the time of the settlement, but because of Scn's post settlement attacks and the SA's unenforceability due to its obstruction of justice. (CT 6972; 5928; 5930; 5940; 5945) Then the Iraqi army invaded Kuwait, and his life was again forever changed. Moved by media reports of the invasion, the global tension, and the daily events of Desert Shield, GA prayed for guidance concerning humanity's condition, and specifically the then developing Middle East crisis. (CT 6988; 5905,6) GA received a message, which he believed came from God, saying: "Keep nothing. Give what you have to the poor. Take only what you need." (Message, CT 7204) The idea of renunciation of worldly wealth, although coming at that time as a surprise, and unclear as to the details for its accomplishment, was not altogether illogical to GA because he had long recognized that money, greed and power motivated much of the madness that made human beings war against each other. (CT 6988) He had already recognized the essential valuelessness of money in an essay he had written in 1989. (CT 7039-41) GA also recognized that Scn's leaders were motivated by the same forces of money, greed and power that made men war against each other and that his renunciation was spiritually directed at bringing peace for Scn no less than the rest of the world. (CT 7002) GA gave away his assets, including his ownership of The Gerald Armstrong Corporation, hereinafter "TGAC," his philosophic services company; his ownership of his home; forgave debts owed him; and determined to go wherever his help was asked for. (CT 7002; 5906) Over the next few months GA gave himself to resolving the Middle East crisis (CT 7095-103) but he was not successful and a quarter million people were killed. In June, 1991 GA received a call from Malcolm Nothing, asking him to testify in his case against Scn in South Africa. Nothling said he had not been able to find anyone else in the world willing to testify about Scn's policies and practices. After listening to Nothling's story, and because Nothling had asked, GA agreed to help him. GA said he first wanted to see if the situation could be resolved peacefully, and he wrote a letter to attorney Lieberman, who represented Scn in the Armstrong I appeal. (CT 7482-98) Scn rejected GA's peace proposal, so he flew to South Africa and helped Nothling, but did not testify as the trial was postponed. (CT 7004; 5906) (SS 21-2, CT 8438,9) Before leaving for South Africa, GA received a call from attorney Joseph Yanny, asking for GA's help in the Aznaran case. Yanny told GA that he had come into the case after the Aznarans had been tricked by Scn into firing their attorney Ford Greene. GA travelled to Los Angeles and wrote a declaration concerning the unjust effect of the 1986 "global settlement" on litigants against Scn and in the legal community, and helped Yanny with moral support and matters of the soul. (CT 7005; 5906) As GA was leaving for South Africa he learned from Yanny that Scn had sued Yanny for allegedly inducing GA to breach the SA. In response, GA wrote a declaration in which he stated his philosophy regarding his calling to help. (GA Declaration, 7/19/91, CT 6740-9) "But more than a desire to protect myself or right the organization's unjust acts towards me, however, I helped Mr. Yanny for the simple reason that he asked. I will do the same for anyone....It is not only the right of all men to respond to requests for help, it is our essence. If I was induced, therefore, to help Mr. Yanny, or anyone else, it was our Creator Who induced me." (CT 6747) In its lawsuit, Scientology v, Yanny, LASC No. BC 033035, Scn claimed that Yanny, who had formerly represented Scn, was representing GA in Scn-related litigation. Yanny had never represented GA in any litigation and GA had never consulted Yanny about his Scn legal battle. Scn's complaint was ultimately dismissed. (CT 7005,6) Scn considers GA's declaration, provided by him in a case in which an attorney was falsely sued for representing him, a SA violation. (CT 4524.8; 4524.37,8; 9787,8) (SS 17-20, CT 8436-8) Upon his return to the US GA received the complaint Scn filed against 17 IRS agents, Scientology v. Xanthos, et al., USDC Cen. Dist. Cal. No. 91-4301-SVW, which contained the allegation that: "The infiltration of the Church was planned as an undercover operation by the LA CID (Criminal Investigation Division of the IRS) along with former Church member Gerald Armstrong, who planned to seed church files with forged documents which the IRS could seize in a raid. The CID actually planned to assist Armstrong in taking over the Church of Scientology hierarchy which would then turn over all Church documents to the IRS for their investigation." (Xanthos, complaint, 8/12/91, CT 6636) Although GA had seen this attack line in many forms and venues since 1985, this 1991 charge signaled to him that the organization was not about to peacefully end its legal and psychological war in which he knew he was one of its most hated enemies. (CT 7007,8) Within a few days GA went by Ford Greene's office, which was near his residence in San Anselmo in Marin County. Greene, who was one of few attorneys willing to take cases on behalf of Scn's victims, had been reinstated as counsel in Aznaran. GA saw that Greene was facing several summary judgment and other motions Scn had filed in the case when the Aznarans were lawyerless, had no time, staff or other resources, and truly needed GA's help. (CT 7006,7; 6811,2) GA worked for Greene as his sole office assistant from August, 1991 until, except for a three week period, December, 1995. (CT 5907) Throughout those years Scn tried continuously to prevent GA from working with Greene. (See, e.g., CT 6804-12; 7508; 7510,1; 7131-3; Complaint herein, CT 0009-10; Bartilson Declaration, 12/31/92, CT 7143-6)(SS 12-16, CT 8432-6) F. Scientology's Enforcement Litigation In October, 1991 Scn filed a motion in Armstrong I to enforce the SA. GA opposed the motion and on December 23, 1991, after a hearing, LASC Judge Bruce R. Geernaert denied it. Judge Geernaert stated regarding the SA: "So my belief is Judge Breckenridge, being a very careful judge....if he had been presented that whole agreement and if he had been asked to order its performance, he would have dug his feet in because that is one .... I'll say one of the most ambiguous, one-sided agreements I have ever read. And I would not have ordered the enforcement of hardly any of the terms if I had been asked to, even on the threat that, okay the case is not settled. I know we like to settle cases. But we don't like to settle cases and, in effect, prostrate the court system into making an order which is not fair or in the public interest." (SS 120, CT 8510,1; Transcript of 12/23/91 hearing, CT 7700) On February 4, 1992, Scn filed its verified complaint for damages and for preliminary and permanent injunctive relief for breach of contract, Marin SC No. 152229, hereinafter "Armstrong II." (CT 0001-12)On February 7, 1992 Scn filed a motion for preliminary injunction. (CT 0073-4). GA filed a motion to transfer the case to the LASC, which was granted March 20, 1992. (CT 75-80. The case was transferred and given LASC No. BC 052395. (CT 0081) On April 14, 1992 Scn filed a renewed motion for preliminary injunction (CT 0082-4), a hearing on which was held May 26 and 27 before LASC Judge Ronald Sohigian, who on May 28, issued an order granting in part Scn's motion. He prohibited GA from: "Voluntarily assisting any person (not a governmental organ or entity) intending to make, intending to press, intending to arbitrate, or intending to litigate a claim against the persons referred to in sec. 1 of the [SA] regarding such claim or regarding pressing, arbitrating, or litigating it. Voluntarily assisting any person (not a governmental organ or entity) arbitrating, or litigating a claim against the persons referred to in sec. 1 of the [SA]. "The Court does not intend by the foregoing to prohibit [GA] from (a) being reasonably available for the service of subpoenas on him; (b) accepting service of subpoenas on him without physical resistance, obstructive tactics, or flight; (c) testifying fully and fairly in response to questions in either deposition, at trial, or in other legal proceedings; (d) properly reporting or disclosing to authorities criminal conduct of the persons referred to in sec. 1 of the [SA]; or (e) engaging in gainful employment rendering clerical or paralegal services not contrary to the terms and conditions of this order. The application for preliminary injunction is otherwise denied." (Order 5/28/92, CT 0091-4) GA appealed the grant of the preliminary injunction. On June 4, 1992 Scn filed an amended verified complaint for damages and for preliminary and permanent injunctive relief for breach of contract. (CT 0095-115) On June 23, 1992 Scn filed an amendment to complaint, adding TGAC as Doe 1. (CT 0159) On July 22, 1992 GA filed his answer and a cross-complaint for declaratory relief, abuse of process, and breach of contract, (CT 0160-254). On October 8, 1992 he filed an amended answer and an amended cross- complaint. (CT 0255-333) On December 31, 1992 Scn filed an application for an OSC why GA should not be held in contempt. (CT 0428-639) The OSC was signed by Judge Sohigian. (CT 640,1) The charged contempts were for a letter GA wrote to Scn leader David Miscavige (CT 0436,7; GA letter, 12/22/92, CT 0525-34) a discussion with the Aznarans; signing 2 proofs of service in their case (CT 0438,9; Proofs of service, CT 0567-70); "assisting" Greene clients Tillie Good, Denise Cantin and Ed Roberts (CT 0439-40); and making a videotape discussing his Scn experiences. (CT 0440-2) GA filed his opposition to the OSC, and various supporting declarations and other documents. Scn filed a motion in limine to exclude Scn's prior acts, and various other documents relating to the OSC. (CT 0644- 1268) On March 5, 1993 a hearing was held before LASC Judge Diane Wayne, who ruled that because the 5/28/92 order was on appeal, she would not proceed. Judge Wayne stated during the hearing: "I have some serious questions about the validity of the order." (Transcript, CT 1410) "I'll tell you, when I first looked at this order, I thought the order was clear until I read part of the transcript. Then it became unclear to me." (CT 1414) On March 17, 1993 GA filed an application to stay proceedings (CT 1269-86) based on his appeal of the 5/28/92 order, which Scn opposed. (CT 1297-394) On March 23, 1993 LASC Judge David A. Horowitz granted the motion. (Order, CT 1596) On July 26, 1993 Scn filed a second application for an OSC re contempt. (CT 1628-739) The charged contempt was for providing a declaration of Lawrence Wollersheim in the case of Scientology v. Wollersheim, LASC No. BC 074815. (CT 1629; 1634,5; GA declaration, 6/4/93, CT 1686-90) On July 26, 1993 GA filed his opposition to the application. (CT 1740-98) The OSC was signed by Judge Wayne. (CT 1601,2) On September 7, 1993 GA filed an opposition to the OSC (CT 1800-98) and on September 10, Scn filed its response. (CT 1905- 1932) On July 8, 1993 Scn filed a verified complaint for damages and for preliminary and permanent injunctive relief for breach of contract, LASC No. BC 084462, hereinafter "Armstrong III." All the documents filed in this case are missing. On August 27, 1993 the LASC ruled that Armstrong II and Armstrong III were related cases. (CT 1799) On September 14, 1993, GA filed a special motion to strike the Armstrong III complaint pursuant to the SLAPP Statute. On September 29 Scn filed an opposition, and on October 4, GA filed a reply. On October 6 Judge Horowitz entered an order consolidating Armstrong III with II and staying the action. On February 10, 1994 Scn filed a motion to vacate the stay, GA filed an opposition, and on March 14 Judge Horowitz entered an order denying the motion. On July 23, 1993 Scn filed a verified complaint to set aside fraudulent transfers and for damages; conspiracy, Marin SC No. 157680, hereinafter "Armstrong IV," against GA, TGAC and Michael Walton. (CT 3071-86) Walton was GA's friend and part owner of the Marin house to whom GA had transferred his ownership in August, 1990 at the time of his epiphanic renunciation. Scn charged that GA had given Walton the house to make himself judgment proof in order to prevent Scn from collecting on liquidated damages for GA's planned breaches of the SA. That case, now part of the consolidated case with the same number, Marin SC No. 157680, was not disposed of by summary judgment, and remains to be tried. Walton filed an answer in Armstrong IV on November, 29, 1993 (CT 3102-7), and GA and TGAC filed answers on November 30. (CT 3108-3155) On April 5, 1994 Scn filed in Armstrong II its verified second amended complaint. (CT 1933-2037) On May 16, 1994 the Court of Appeal, Second District, Division Four issued its opinion affirming the 5/28/92 preliminary injunction order. (CT 2040-50) The Court stated: