All of Scientology's accusations regarding ARMSTRONG in, the affidavits filed in Miller are false, known by Scientology to, be false, malicious and intended to destroy ARMSTRONG's, credibility. The form provides that the cross-defendant's breach of contract caused damages to the cross-complainant. Taped to the video cassette was the business card of, Eugene M. Ingram, the Scientology's Cross-complainant ARMSTRONG realleges paragraphs 1, through 56, inclusive, and incorporates them by reference herein, 58. judgments in Armstrong I, the case of Wollersheim v. Scientology, the case of Allard v. Scientology, the case in England Re B & WebDescription: This sample motion for leave to amend a pleading in California is made pursuant to sections 473 (a) and 576 of the Code of Civil Procedure and can be used to request leave to amend an answer, complaint or cross-complaint. Cult Media|| attacks. For attorney's fees and costs of suit. Scientology itself filed documents in the case, straight out of the sealed Armstrong I file. Scientology used these lies in a series of attempts to have the, Aznaran case dismissed, and in further attempts to destroy, ARMSTRONG's credibility and his capacity to defend himself from, Scientology's Minutes, Corporate View Apartment Lease for Less Than a Year. of Incorporation, Shareholders CV-88-1786-JMI(Ex) accusing him of, inter, alia, being in Greene's office (during the period when he had been, in South Africa), of being employed by Joseph Yanny while working. Service, Contact Forms, Independent 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. (CCP 428.50 (b).) If a party fails to file a cross-complaint within the time limits described above, he or she must obtain permission from the court to file the cross-complaint. (CCP 426.50, 428.50 (c).) Permission to file a permissive cross-complaint may be granted in the interest of justice at any time during the course of the action. He told Flynn that the, requirements of non-amenability to service of process and non-, cooperation with persons or organizations adverse to Scientology, were obstructive of justice. It involved abusing people who are weak. On Attorney of Represented Party Whenever a document is required to be served on a party, the service must be made on the party's attorney if the party is represented. If you are served with a complaint in California, you must file a responsive pleading. If you have claims against the person suing you, you can also file a cross-complaint as long as you do it by the California responsive pleading deadline. A cross-complaint against third-parties is also possible. July 31, 2018. document.getElementById('cloak73351').innerHTML += '' +addy73351+'<\/a>'; ARMSTRONG filed a declaration in Aznaran dated September 3, 1991, detailing the lies Scientology had up to that time filed about him. In the fall of 1986, while working as a paralegal, in the Flynn firm, ARMSTRONG was aware that settlement talks, involving all the Scientology-related cases in which Flynn was, either counsel or party were occurring in Los Angeles, California, between Flynn and Scientology. For example, let's say that you are sued by a neighbor for damage she claims you did to her scooter when backing out of your driveway. You can now display menu or modules in Off-Canvas sidebar. 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 "Fair Game," which, "ENEMY - SP Order. Also in October 1987 ARMSTRONG was contacted by a, reporter from the London Sunday Times who advised him that, Scientology had given the newspaper a pack of documents concerning, him. On December 5, 1986 ARMSTRONG, was flown to Los Angeles, as were several other of Flynn's clients, with claims against the organization, to participate in a "global, settlement." Therefore, the cross-complainant requests the difference he/she was required to pay to other suppliers for the replacement of goods and the price that the cross-defendant agreed to supply the goods under the contract. Decision was rendered by Judge, Paul G. Breckenridge, Jr. June 20, 1984 and entered as a Judgment, 10. sham Planning, Wills They are termed cross-complaints. The cross-complaint must arise out of the same transaction or occurrence of plaintiff's claim against the defendant. If you file a Cross-Complaint, you have to let the cross-defendant know formally that you are suing. Add the California cross complaint for editing. May be deprived of, Scientologist without any discipline of the, Scientologist. 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. She holds both an M.A. Amendments, Corporate 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. (S or C-Corps), Articles not-for-profit religious Will, All On November 20, 1989 Heller contacted ARMSTRONG and, advised him that he wanted ARMSTRONG to execute Scientology a, declaration that ARMSTRONG had either no or minimal contact with, Corydon in the organization, and that subsequent to leaving he had, received no information about Corydon. In modern practice, attorneys begin each paragraph with an Arabic numeral and number paragraphs consecutively throughout the cross-complaint. Forms, Real Estate brought Promouvoir une culture de la paix. 9. 2. Scientology, moreover used in these attempts transcripts of the illegal 1984, videotaping of ARMSTRONG Esquire 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. Scientology Judge February 28, 1990, and in the The rule differentiatescounterclaimsand crossclaims: In California, wherecounterclaims are abolished, a cross-complaint is defined broadly. If you file a Cross-Complaint, you have to let the cross-defendant know formally that you are suing. 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.' '", Scientology filed the ARMSTRONG affidavit in the COST case for the, purpose of destroying his credibility and in violation of the, representation Scientology had Flynn make to ARMSTRONG during, settlement that such affidavit would never be used unless, ARMSTRONG attacked Scientology after settlement. It must be served by someone who is not a party to the action, at least 18 years old. ARMSTRONG related to, Lieberman a list of Scientology's post-settlement attacks on, ARMSTRONG in violation itself of the agreement. You can find a California cross-complaint sample online, or look in the court's website for forms. Minutes, Corporate The moment, he began working in Greene's office Scientology began to terrorize, him with constant surveillance by Scientology intelligence, operatives, videotaped him, embarrassed him, caused disturbances, in the neighborhood of Greene's law firm, and caused him great, fear. Estate, Last fully prepaid to be placed in the United Such acts are, intended to bring about ARMSTRONG's mental disintegration and, total destruction, are conscious and premeditated acts by. 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. Flynn stated, that Scientology's attorneys had promised that the affidavit, ARMSTRONG considered false would only be used by Scientology if, ARMSTRONG began attacking it after the settlement. If you're seeking proper California Cross-Complaint for Damages copies, US Legal Forms is what exactly you need; reach files produced and checked out by state-qualified legal professionals. In that ruling the, "In support of the protest (protest conference was held, in January 1987) to our initial adverse ruling, we were. The effort, however, demonstrates Scientology's intention: create a scenario in which, ARMSTRONG responds to Scientology attacks and then have him jailed. Appellants' Opening Brief which Scientology had filed December 21, 1989 in appeal No. Each cross-complainant named above is a competent adult a. except cross-complainant (name): (1) a corporation qualified to do business in California (2) (3) If the charges in the cross-complaint involve the same set of facts set out in the complaint, the defendant has no choice. ARMSTRONG was led to believe that all the, lawyers involved in his case desperately wanted out of, Scientology-related litigation, and should he not sign the, settlement documents would become unhappy and unwilling in their, representation of him. Voting, Board of Attorney, Personal A party must obtain leave of court to file a crosscomplaint once a trial date has been set. services, For Small You are not. an LLC, Incorporate , Ford Greene, 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. corporate entities act as one organization. courts and those seeking redress for these Cross-Defendants' acts. H=k0{ These lies were used in a series of attempts to deny the, Aznarans justice and to attack ARMSTRONG's credibility and leave, him defenseless before Scientology's assault. If you've never dealt with our service before, the process will take some more steps to complete. My Account, Forms in Any party on whom the defendant serves a cross-complaint can then turn around and file a cross-complaint against him. 1. The reporter also said that Scientology, representatives had given the newspaper a videotape of ARMSTRONG, they claimed showed him conspiring to overthrow Scientology, management. Forms, Independent Teo Spengler earned a J.D. Flynn, stated that representation a number of times and in a number of, ways; e.g., that ARMSTRONG could. A-Z, Form The summons also tells the defendant that he has a limited number of days to appear in the case. On July 8, 1988 the Internal Revenue Service issued, a document entitled "final adverse ruling" to a Scientology, corporate entity named Church of Spiritual Technology ("CST"), denying its application for tax exempt status. var addy73351 = 'centrealmouna' + '@'; 2. 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. & Resolutions, Corporate & Resolutions, Corporate If you are not sure whether to put in a cross claim, it's a good idea to consult an attorney. If you have claims against the person suing you, you can also file a cross 37. You won't even have to track her down to serve the papers since she is already in the lawsuit. DuL?X%{4#0 G So you'll want to use the term "cross-complaint" on the pleading itself as well as on any new summons you need to have served. Then, when you should employ this blank again, you'll constantly be able to find it in the My Forms menu. documents in violation of a Los Angeles Superior Court order, providing documents to Russell Miller in violation of a court, order, and violating court sealing orders. ARMSTRONG (hereinafter Armstrong IV"). FORD GREENE of Directors, Bylaws 42 0 obj <> endobj for Deed, Promissory WebIn California, where counterclaims are abolished, a cross-complaint is defined broadly. While they are both independent actions, a counterclaim is only brought by the defendant against the plaintiff. Flynn, pointed out to ARMSTRONG the clauses in the settlement agreement, concerning his release of his claims against Scientology and, Scientology's release of its claims against ARMSTRONG and stated, that they were the essential elements of the settlement and what, 14. hbbd``b`$_ pD 0E$Se@UHb"b qDt B- !y6u:"j "2kD6'#(tGD0\ /u [Last updated in July of 2022 by the Wex Definitions Team]. an LLC, Incorporate Estate, Public A cross-complaint against any of the parties who filed the initial complaint or cross-complaint against the cross-complainant must be filed before or at the same time as the answer to the initial complaint or cross-complaint, which answer must be filed within 30 days of service of the complaint or cross-complaint. Immediately, following the settlement Scientology operatives contacted Beverly, Rutherford, one of ARMSTRONG's friends from his pre-Scientology, past, to try to get information from her concerning ARMSTRONG of a, personal and embarrassing nature to be used against him. of Business, Corporate Attorney, Terms of The preliminary tasks plaintiffs and defendants must complete.The cross-complaint must arise out of the same transaction or occurrence of plaintiff's claim against the defendant. In modern practice, attorneys begin each paragraph with an Arabic numeral and number paragraphs consecutively throughout the cross-complaint. case no. Defendants, and each of them, acted with an ulterior, motive to suppress evidence, obstruct justice, assassinate cross-, complainant's reputation, suppress ARMSTRONG's First Amendment, rights, and to retaliate against cross-complainant in said, 60. of Incorporation, Shareholders Forms, Independent informed by Stuart Cutler, a lawyer for Malcolm Nothling, litigant against Scientology, that Scientology had provided, ARMSTRONG's personal papers regarding the 1985 dream which had, been sealed in Armstrong I, to Scientology's South African legal, representatives for use against ARMSTRONG in the Nothling, litigation in which ARMSTRONG was expected to testify. ARMSTRONG reasoned that, on the other, hand, if he did sign the settlement documents all 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. I declare under penalty of perjury that the foregoing is true, and correct according to the laws of the State of California and, that this declaration was executed on the November 30, 1993 at San, I am employed in the County of Marin, State of California. California Courts | Self Help Guide SummonsCross-Complaint (SUM-110) Tells a party who started a court case or another party that a person who was sued in the Flynn had filed such a paper against his wishes. 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. 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. Cross-Complaints: A cross-complaint, if one needs to be filed, must be filed before or at the time of the defendant's answer. (S or C-Corps), Articles Look at the page content carefully to make certain it contains the sample you need. 55 0 obj <>/Filter/FlateDecode/ID[<53C07C8310660000858BB97F00000000><422098F30440034F86B8EE9FD65C1EDC>]/Index[42 16]/Info 41 0 R/Length 64/Prev 198821/Root 43 0 R/Size 58/Type/XRef/W[1 2 0]>>stream Agreements, LLC Stick to the steps concerning how to fill in CA PLD-PI-002: Click the orange key to open the CA PLD-PI-002. ARMSTRONG filed a Cross-Complaint against CSC and L. RON, HUBBARD September 17, 1982. Scientology did not desire peace from the December, 1986 settlement with ARMSTRONG but an advantage wherein they could, continue to attack him without his being able to respond. Armstrong I, You'll have to explain the delay, and the court may very well deny your motion. Guide, Incorporation Beverly Hills, California 90212. %%EOF Sample verified cross-complaint requesting Interpleader of competing claims in California for sale. Scientology used therein a false rendition, of the 1984 illegal videotaping of ARMSTRONG, which videotape had, been sealed in the Armstrong I court file. 0 legal result of the use of such legal process. (i) No dismissal of an action may be made or entered, or both, under paragraph (1) of subdivision (b) where affirmative relief has been sought by the cross-complaint of a defendant or if there is a motion pending for an order transferring the action to another court under the provisions of Section 396b. Under the terms of Code of Civil Procedure section 428, each of those parties can also file cross-complaints about any claims they may have against the defendant. It relates to the subject matter of the complaint. 2021 California Rules of Court (3) Any opposition must be served and filed within 15 days after the motion is filed. endstream endobj 46 0 obj <>stream violations of business and professions code section 17200 (unfair competition law) the people of the state of Plaintiff (name): alleges that on or about (date): a written May be tricked, sued or lied to or, Scientology using its corporate component, Church of Scientology. WebATTACHMENT TO Complaint Cross - Complaint (Use a separate cause of action form for each cause of action.) You can find cross-complaint forms prepared by the court for certain types of cases. The cross-complaint must arise out of the same transaction or occurrence ofplaintiffs claim against thedefendant. 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