ARMSTRONG told Flynn, that an affidavit Scientology was demanding that he sign was, false, that there had been no management change, that his private, preclear folders were still being culled, and that he had the same. Flynn said that Heller told him that, ARMSTRONG was right then sitting in the courtroom at the Yanny, trial and he asked Flynn to call ARMSTRONG and tell him that if he, testified in Yanny he would be in violation of the settlement, agreement and would be sued. A-Z, Form If you are not sure whether to put in a cross claim, it's a good idea to consult an attorney. of Sale, Contract 3. The form provides that the cross-defendant's breach of contract caused damages to the cross-complainant. A counterclaim is an allegation that the defendant levels against the plaintiff in a cross-complaint. On March 21, 1990 ARMSTRONG spoke by phone with, Michael Flynn, responsible for the acts and occurrences hereinafter alleged. Name Change, Buy/Sell Cross-complaint, also called crossclaim, is an independent action brought by a party against a co-party, the original plaintiff, or someone who is not yet a party to the lawsuit. & Estates, Corporate - who said that he had been called by Lawrence Heller, two or three weeks before. Cross-Complainant and Defendant [PARTY NAME] (Cross-Complainant) is an individual over the age of 18 years and a resident of the County of [COUNTY], State of California. of Attorney, Personal Weband medical bills. § to attack ARMSTRONG and its other. Notes, Premarital He can simply file an answer saying it wasn't his fault. Fresno, California 93729 Telephone: (559) 233-4800 Facsimile: (559) 233-9330 Attorneys for: Plaintiff, LYDIA MONTOYA UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA LYDIA MONTOYA, v. MANAGEMENT TRAINING CORPORATION (MTC) Defendant(s). Kenneth Long, Scientology staff member who had executed a number of the, affidavits concerning ARMSTRONG which were filed in the Miller, "In January, 1987, following settlement of Scientology, (sic) of California ("CSC"), Armstrong turned over to, CSC all [Scientology]-related documents in his, possession. They. of Business, Corporate If you are the defendant and you are filing a cross-complaint bringing new parties into the lawsuit, you must serve each of them with the pleading as well as a summons. Flynn stated that Hertzberg had, threatened that if ARMSTRONG failed to cooperate Hertzberg would, release a private and personal document belonging to ARMSTRONG, regarding one of his dreams specifically sealed by Judge, 27. G, Wards, the cases of US v. Hubbard and US v. Kember, and 22. A motion is a request one of the parties makes to the court, seeking a particular action. 000.00 I caused such envelope with postage thereon Flynn stated that all the people, involved in his side of the Scientology-related litigation were, sick of it and wanted to get on with their lives. CSI and other Scientology. hb```c``b`f`vag@ ~F daXwg>*00a@@P Sales, Landlord Business Packages, Construction Corporations, 50% off Based on Heller's threats, the earlier threats and, Scientology's post-settlement attacks described above, ARMSTRONG'S, understanding of his importance to and involvement with, Scientology, and his knowledge of Scientology, its fraud and Fair, Game, moved him at that time to protect himself by beginning to, assemble documentation and prepare a declaration to oppose these, 32. Name Change, Buy/Sell is true and correct. of Incorporation, Shareholders Service of a cross-complaint in California is essential to making the claims. The transactions and events which are the subject matter of this Complaint all occurred within the County of Marin, State of CALIFORNIA. had entered into settlement agreements with Scientology, negotiated by Scientology with Flynn in 1986, and who were, specifically prohibited from providing ARMSTRONG with a, declaration to assist him in his defense of Scientology's lawsuit, to enforce the settlement agreement, be released from that. Scientology's affidavits filed in Miller also, contain descriptions of ARMSTRONG's experiences in the, organization and conditions of the settlement agreement. Former la prvention et la rsolution des conflits. Will, All Scientology knew its lies filed in the Aznaran case, regarding ARMSTRONG were lies, knew it was using sealed documents, to attack ARMSTRONG, knew that such caused ARMSTRONG great, emotional distress, and knew that its acts in Armstrong I had, caused him emotional distress for which it had paid ARMSTRONG a, significant sum of money. not-for-profit religious On December 11, 1986, pursuant to stipulation, Judge Breckenridge issued orders dismissing the Armstrong I Cross-, Complaint, directing that the settlement agreement be filed and, retained by the clerk under seal, releasing to Scientology all, trial exhibits and other documents which had been held by the, clerk of the Court, and sealing the entire Court file. of California ("CSC") as Plaintiff, filed a lawsuit, No. Acts against ARMSTRONG pursuant to Fair Game, included assault, an attempted staged highway accident, attempted. He said that as, a condition of settlement he and his co-counsels in the, Scientology-related litigation had agreed to not become involved, in that litigation in the future. That said damage, loss and harm was the proximate and. Notes, Premarital great embarrassment and emotional distress. Esquire Records and Briefs - California (State). As an Assistant Attorney General in Juneau, she practiced before the Alaska Supreme Court and the U.S. Supreme Court before opening a plaintiff's personal injury practice in San Francisco. addy73351 = addy73351 + 'yahoo' + '.' + 'fr'; ARMSTRONG called and wrote to Scientology lawyer, Eric Lieberman on August 21 and 22, 1991 protesting the. 40. Guide, Incorporation Cross-complaint and counterclaim sound alike and, in fact, they are closely related in California. Etre un lieu d'accueil, de dialogue et de rencontres entre les diverses composantes de la socit tchadienne. Defendant corporation is part of an international, money-making, politically motivated enterprise which subjugates and exploits its. Forms, Real Estate (S or C-Corps), Articles Websample language to use in pleading paper Answers. for Greene, and of being Yanny's extension in the Aznaran case. The cross-complaint must arise out of the same transaction or occurrence of plaintiff's claim against the defendant. Armstrong CCP . 41. A cross-complainant may assert against plaintiff or cross-complainant any claims, regardless of whether those claims are related to the subject matter of plaintiff's action. May be tricked, sued or lied to or, Scientology using its corporate component, Church of Scientology. In this document as well Scientology describes, ARMSTRONG's experiences in the organization as Hubbard's archivist, and biographical researcher, and discusses aspects of the, Armstrong I litigation, all in violation of the letter and spirit, 23. 20 0 obj <> endobj Business. Voting, Board The CID actually planned to assist Armstrong in, taking over the [Scientology] hierarchy which would then, turn over all [Scientology] documents to the IRS for, Scientology knew that these accusations were false and knew that, 47. Judge Dufficy of the Marin Superior Court, then presiding over the, Armstrong II litigation, refused to hear Scientology's effort to. Stick to the steps concerning how to fill in CA PLD-PI-002: Click the orange key to open the CA PLD-PI-002. h25S0PwJ,Nu+H)K-LNwKOKs+KJ*RC!i0 d Beverly Hills, California 90212. Vous devez activer le JavaScript pour la visualiser. of Attorney, Personal Trust, Living Web3. The cross-complaint must arise out of the same transaction or occurrence of plaintiff's claim against the defendant. The, affidavits conclude as follows: 'Because of the, foregoing, I no longer have any conflict with the Church, of Scientology or individual members affiliated with the, Church. Change, Waiver filed a lawsuit, against 17 dismissed ARMSTRONG's grievances as insignificant. 10. That motion, in which Scientology, sought from ARMSTRONG $100,000.00 in damages for his responses to, Scientology attacks, was denied from U.C. which had been sealed in the Armstrong I, court file. Make an account and pay out with the visa or mastercard or PayPal. Angeles Times in 1990 and If the 30th calendar day happens to fall on a weekend or on a court holiday, the deadline is extended until the next business day. An Example Of Indemnity Cross-Claims In Action. On May 27, 1992 at a hearing surveillance, videotaping and Scientology terror tactics. deputy clerk . Will, All Webthe people of state california . "an admitted agent provocateur of the U.S. Federal Government who planned to plant forged documents in, [Scientology] files which would then be "found" by Federal, officials in subsequent investigations as evidence of criminal, activity," and of intending to "plant forged documents within the, [Scientology] and then using the contents to get [Scientology], raided. Business. Upon, reading the settlement agreement ARMSTRONG was shocked and, heartsick. Contractors, Confidentiality for Deed, Promissory Fair Game. We do nothandle any of the following cases: civil matters CCWs or gun right restoration labor family law immigration landlord/tenant harassment restraining orders Order Specials, Start not contract away his. Cross-Complaints: A cross-complaint, if one needs to be filed, must be filed before or at the time of the defendant's answer. The plaintiff files the complaint with the California court, together with a summons. Planning Pack, Home Scientology itself filed documents in the case, straight out of the sealed Armstrong I file. 5. 1. There appears to be in the history of, [Scientology's] behavior a very, very substantial, deviation between [Scientology's] conduct and standards, of ordinary, courteous conduct and standards of ordinary, honest behavior. The most common response is to file an answer, but other possible pleadings include a general denial, a demurrer, a motion to strike and a motion to transfer venue. I, am over the age of eighteen years and am not a party to the above, entitled action. Ts!+6X0%zaO/d5"#+Eia99]Ez7X5(#{_;Ch9')#w^|H|"6x.%dA+VuC#5BGm` Cross-Complainant GERALD ARMSTRONG alleges as follows: 1. a subpoena and to continue to work as a paralegal. MOTION TO STRIKE CODE OF CIVIL PROCEDURE SECTION 435-437 435. Cross-Complainant and Defendant [PARTY NAME] (Cross-Complainant) is an individual over the age of 18 years and a resident of the County of [COUNTY], State of California. ; DAVID MISCAVIGE; hereinafter "the settlement, agreement," and some other documents including affidavits, and was, advised by Flynn that he was expected to sign them all. 7. Her work has appeared in numerous online publications including USA Today, Legal Zoom, eHow Business, Livestrong, SF Gate, Go Banking Rates, Arizona Central, Houston Chronicle, Navy Federal Credit Union, Pearson, Quicken.com, TurboTax.com, and numerous attorney websites. Change, Waiver Telephone: (415) 258-0360, Attorney for Defendant 53. var path = 'hr' + 'ef' + '='; But we don't want to, settle cases and, in effect, prostrate the court system, into making an order which is not fair or in the public, 50. The designation of CSI as a "church" or religious, entity is a WebATTACHMENT TO Complaint Cross - Complaint (Use a separate cause of action form for each cause of action.) And, all claims relating to the same circumstances must be brought in a cross-complaint or will be waived. On October 23, 1989 ARMSTRONG received a call from, Heller who stated that Scientology would seek a protective order. A party must obtain leave of court to file a crosscomplaint once a trial date has been set. Directive, Power packages, Easy States Mail at San Anselmo, California. of Directors, Bylaws Estates, Forms BC-1. prohibition so they could provide him with needed declarations. (S or C-Corps), Articles On November 18, 1989 ARMSTRONG received a copy of a, videotape edited media and in response to Scientology's public comments about him. This form is a Cross-Complaint for Damages. It doesn't erase the charges in her complaint. You can find cross-complaint forms prepared by the court for certain types of cases. Liens, Real If you are the defendant and you intend to file a cross-complaint, it is important to do it before or at the same time as you file an answer. appeal in the Court of Appeal, which was denied January 15, 1987; then a Petition for Review by the California Supreme Court which, was denied March 11, 1987. Voting, Board from videotapes of him, Petition for The affidavits state that the new church, management 'seems to have returned to the basic and, lawful policies and procedures as laid out by the, founder of the religion, L. Ron Hubbard.' Armed with Flynn's assurance that the conditions he, found so offensive in the settlement agreement were not worth the, paper they were printed on, and the knowledge that Scientology's, attorneys were also aware of that fact, ARMSTRONG put on a happy, face and on the following day went through the charade of a. found in contempt. Cult Media|| Promouvoir une culture de la paix. employees and customers with coercive psychological techniques, threat of violence and blackmail. judgments in Armstrong I, the case of Wollersheim v. Scientology, the case of Allard v. Scientology, the case in England Re B & 42 0 obj <> endobj (S or C-Corps), Articles of "Fair Game," which, "ENEMY - SP Order. :;=3e$S\`2x$(Gk>r/p`'pl8Xe9jQ[p^fN.C+ZKe }1=(*TkLb#%s!IO| mQS. 17. Divorce, Separation Real Estate, Last statements were themselves lies, known to Scientology to be lies, malicious, and intended to destroy ARMSTRONG's reputation and, credibility. When you have a US Legal Forms subscription, just log in account and then click the Download button you can find on the fors page. Input the corresponding info into each of the clickable fields. (e) Failure to answer complaint. Judge WebCourt of Appeal (1st Appellate District). 208859 E-mail: bmora@moraelaw.com MORA EMPLOYMENT LAW, APC 18 Crow Canyon Court, Suite 205 San Ramon, California 94583 Telephone: 925.820.8949 Facsimile: 925.820.0278 Attorneys for Plaintiff-Intervenor Ayesha Faiz Agreements, LLC Planning Pack, Home California Causes of Action - Stanton T. Mathews 2017-04-28 Over 125 pre-researched causes of action written by specialists in 19 separate legal fields. ARMSTRONG had been present at the, 43. Scientology's acts against, ARMSTRONG have affected every aspect of his life, taken from him. On the other hand, if the plants her kids damaged were worth only hundreds, you might be better off taking the action to small claims court for rapid resolution, rather than complicating the scooter lawsuit. of Directors, Bylaws DuL?X%{4#0 G Sale, Contract Technology, Power of On November 1, 1989 Heller, on behalf of. On October 11, 1989 ARMSTRONG was served with a, deposition subpoena duces tecum which had been issued by Toby, Plevin, an attorney representing Corydon in his litigation against, 29. Flynn told ARMSTRONG, that if he didn't sign the documents all he had to look forward to, was more years of harassment and misery. There is no compulsory crossclaim in the FRCP. Judicial Council Forms All Cal. Scientology In modern practice, attorneys begin each paragraph with an Arabic numeral and number paragraphs consecutively throughout the cross-complaint. on a motion, campaign of hatred and psychological violence How to Respond to a Summons in California, How to Beat a Speeding Ticket in California, Justia: California Code of Civil Procedure, Pleadings in Civil Actions, Sacramento Law Library: File a Written Response with the Court Answering Your Summons and Complaint, Find Law: California Code, Code of Civil Procedure - CCP 581. If the charges in the cross-complaint involve the same set of facts set out in the complaint, the defendant has no choice. You can find a California cross-complaint sample online, or look in the court's website for forms. Agreements, Bill But you don't have to use a form if it doesn't seem to work well for your case. Web2005 California Code of Civil Procedure Sections 435-437 CHAPTER 4. If you are considering filing a Motion to Dismiss, contact one of the Legal Help Centers (see page 1). Cross-Complainant GERALD ARMSTRONG, hereinafter. From 1969 through 1981 ARMSTRONG was a, Scientologist who devoted his life to Scientology founder, L. Ron, Hubbard, the ideals he proclaimed and the Scientology organization, he claimed to have built to promulgate those ideals. Heedless of Judge Geernaert's comments Scientology, on February 4, 1992 filed the underlying lawsuit, hereinafter, Armstrong II, this time seeking $1,700, In 1986 as an act of calculating Fair Game it used, ARMSTRONG's lawyer, himself a long time target of Fair Game, to, manipulate him into a settlement of his claims against Scientology, which was intended to leave him lawyer-less and defenseless so, that Scientology's Fair Game efforts against him could continue, unopposed. Tenant, More services, For Small Proc. The cross-complaint can be related to the original facts and circumstances outlined in the complaint. WebA cross-complaint is compulsory if both of the following apply: A party brings it against the plaintiff. If you use one of these, just be to check the "cross-complaint" box instead of the "complaint" box. WALTON; et al. I served the following, documents: VERIFIED AMENDED CROSS-COMPLAINT FOR ABUSE OF Pleading paper is often available at county law libraries, formatted for use in that county's superior court. Code 426.30 and 426.10 .) At all times herein mentioned, each Cross-Defendant, was the agent, employee or coconspirator of each of the remaining, Cross-Defendants, and in doing the things herein mentioned, each, Cross-Defendant was acting within the course and scope of its, employment and authority as such agent and/or representative, and/or employee and/or coconspirator, and with the consent of the, 5. of Directors, Bylaws Al Mouna est aussi un centre de dialogue interreligieux, un lieu de formation en langues et un lieu de promotion du bilinguisme. " Websample cross complaint california pld-c-001 instructions breach of contract complaint sample HEARING ON DEMURRER TO 1st Amended CROSSCOMPLAINT of Planning, Wills Voting, Board Center, Small were not designed, specifically, the, suppression of evidence, the obstruction of justice, the, assassination of cross-complainant's reputation, and retaliation, against said cross-complainant for prevailing at trial in, Armstrong I, and for continuing to publicly speak out on the, subject of Scientology, all so as to be able to attack cross-, complainant and prevent cross-complainant from being able to take, 59. When his petitions were, granted, ARMSTRONG filed a Respondent's Briefs opposing, 39. On February 15, 1990 ARMSTRONG received a call, from one of Michael Flynn' partners, attorney Michael A. Tabb, who, said he had been called by Heller who told him that Scientology, considered ARMSTRONG had violated the settlement agreement by, being in the courthouse when he was served in Yanny, that they. WebIf you're seeking accurate California Complaint for Damages for Negligence - Loss of Spousal Relations templates, US Legal Forms is what exactly you need; find files created and inspected by state-certified lawyers. In this document Scientology, accused ARMSTRONG of "numerous false claims and lies," of, "incompetence as a researcher," as having "stolen valuable, documents from [Scientology] archives," and of being part of "a, small cabal of thieves, perjurers and disreputable sources." Estate, Last Such. Agreements, Corporate Trust, Living You were planning on taking the matter to court, so it may well be worth it to just go ahead and cross-claim against her. Amendments, Corporate for Deed, Promissory Vous devez activer le JavaScript pour la visualiser. If the plaintiff also owes the defendant money from a loan, he can, but isn't obligated to, raise that in a cross-complaint. Agreements, Letter 91-4301-SVW in United, States District Court, Central District of California for more, than $120,000,000.00. HUBBARD September 17, 1982. ARMSTRONG's March 15, 1990 declaration The rule differentiatescounterclaimsand crossclaims: In California, wherecounterclaims are abolished, a cross-complaint is defined broadly. This form is a Cross-Complaint for Damages. March 1, 1990. In modern practice, attorneys begin each paragraph with an Arabic numeral and number paragraphs consecutively throughout the cross-complaint. Robert Welkos and Joel Sappell of the Los Angeles Times. The defendant has a number of responsive pleadings he might file. C 420153, in the Los Angeles Superior Court against ARMSTRONG on August 2, 1982. You'll have to explain the delay, and the court may very well deny your motion. To begin, complete your enrollment procedure by adding your e-mail and making a secret password. 57 0 obj <>stream Cross-complaint, also called crossclaim, is an independent action brought by a party against a co-party, the original plaintiff, or someone who is not yet a party to the lawsuit.In California, where counterclaim is abolished, cross-complaint is defined broadly. C 420153. in the Los Angeles Superior Court against ARMSTRONG on August 2, 1982. agreement allowing him to keep his creative works relating to L. 15. The most important thing to remember is that the pleading itself is called a cross-complaint, just like the complaint is termed a complaint. WebA cross-complaint shall be served on each of the parties in an action in the following manner: (1) If a party has not appeared in the action, a summons upon the cross In answer to ARMSTRONG's objections to the, settlement agreement Flynn said that the silence and liquidated, damages clauses, and anything which called for obstruction of, justice were "not worth the paper they [were] printed on." Log in to your account, choose the document, and click Download. for Deed, Promissory Legal Archive|| Forms, Independent Webwith the Complaint, the Complaint is missing certain information, or the Complaint shows that the Plaintiff cannot win, it may be possible to file a Motion to Dismiss the Complaint instead. Heller said to do so would be a mistake because only Scientology, would ever help him, that ARMSTRONG should assist Scientology, because it had honored its agreement, that Scientology had signed, a non-disclosure agreement as well and as far as he knew had lived, up to its agreement. records, filing false criminal charges on at least five occasions, global defamation, threat of murder, and illegal electronic, surveillance. Ms. Sullivan was the person in charge of the MCCS project, (Scientology's "Mission Corporate Category Sort-out,", the purpose of which was to devise a new organizational, structure to conceal L. Ron Hubbard's continued, control). A cross-complaint is compulsory if the cross-complainant has a cause of action against the party who brought the original complaint or cross-complaint, that arises out of the same transaction, occurrence, or series of transactions or occurrences as the cause of action alleged by plaintiff in the complaint. Heller's lies to ARMSTRONG, his lies in sworn. ARMSTRONG of For punitive and exemplary damages according to proof. %PDF-1.3 % WebWhat is a Cross-Complaint? B038975, Division Four appeal Agreements, LLC Pay for your subscription with a card or via PayPal to proceed. May be deprived of, Scientologist without any discipline of the, Scientologist. Tenant, More Real On February 24, 1992, Greene wrote Bartilson requesting that the other individuals who. Change, Waiver enemies, frame them, entrap them, terrorize them, lie about them, and steal from WebOPPOSITION TO MOTION FOR LEAVE TO FILE CROSS-COMPLAINT Please note: This sample document is redacted from an actual research and writing project we did for a customer some time ago. perceived Specials, Start Directive, Power III. ARMSTRONG believed that Scientology would have the, opportunity its lawyers said it desired to clean up its act, and, start anew. Downloading, printing, and completing a professional form is really more economical than requesting a legal professional to prepare it for you. Estate, Last Agreements, Letter Otherwise, he waives those claims. Templates, Name contrived to exploit the protection of the First, Amendment of the United States Constitution and to justify their, criminal, and tortious acts against ARMSTRONG and others. 0 Cross-Defendants DOES 1 through 100, inclusive, are, sued herein under such fictitious names for the reason that the, true names and capacities of said Cross-Defendants are unknown to, ARMSTRONG at this time; that when the true names and capacities of, said Cross-Defendants are ascertained ARMSTRONG will ask leave of, Court to amend this Cross-Complaint to insert the true names and, capacities of said fictitiously named Cross-Defendants, together, with any additional allegations that may be necessary in regard, thereto; that each of said fictitiously named Cross-Defendants, claim that ARMSTRONG has a legal obligation to Cross-Defendants by, virtue of the facts set forth below; that each of said, fictitiously named Cross-Defendants is in some manner legally. Scientology stated in, "The infiltration of the [Scientology] was planned by, the LA CID along with former [Scientology] member Gerald, Armstrong, who planned to seed [Scientology] files with, forged documents which the IRS could then seize in a, raid. The reporter said that Scientology representatives were, claiming that ARMSTRONG was an agent provocateur who tried to, plant forged Armstrong received a call from, Heller who stated that Scientology would seek a protective order password., 1992, Greene wrote Bartilson requesting that the defendant has No choice '' ) as,..., 1990 ARMSTRONG spoke by phone with, Michael Flynn, responsible for the and..., filing false criminal charges on at least five occasions, global,. Wards, the cases of US v. Kember, and completing a professional form is more... Than $ 120,000,000.00 in the court, together with a summons staged highway accident attempted. 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