------------------------------------------------------------------- F.A.C.T.Net, Inc. (Fight Against Coercive Tactics Network, Incorporated) a non-profit computer bulletin board and electronic library 601 16th St. #C-217 Golden, Colorado 80401 USA BBS 303 530-1942 FAX 303 530-2950 Office 303 473-0111 This document is part of an electronic lending library and preservational electronic archive. F.A.C.T.Net does not sell documents, it only lends them according to the terms of your library cardholder agreement with F.A.C.T.Net, Inc. ===================================================================== basic docs Nov 93\5-18-92\Page.00001 COURT OF APPEAL, SECOND APPELLATE DISTRICT DIVISION: 7 DATE: 05/18/92 CASENO: 2 Civil B023193 Los Angeles NO. C332027 (S.C. Judge: > Cross Ref: B020332 WOLLERSHEIM, LARRY Plaintiff-Respondent vs. CHURCH OF SCIENTOLOGY OF CALIFORNIA Defendant-Appellant * * * SCHEDULED ACTION * * * 06/22/92 RMI REMITTITUR ISSUED. * * * SUMMARY DATA * * * CAUSE: Appeal CASE START DATE: 12/24/86 NOTICE OF APPEAL DATE: 09/29/86 AOB: 01/23/87 RB:03/26/87 ARB: 04/17/87 READY DATE: 04/17/87 SUBMISSION DATE: 04/24/89 STATUS: ACTIVE CATEGORY: Civil Complaints - Other DISPOSITION: 03/20/92 Affirmed In Part and Reversed In Part. OPINION TYPE: Sign Pub > JUDGES PANEL: JOHNSON, EARL (J) A C JUDGES PANEL: LILLIE, MILDRED L. (PJ) P C JUDGES PANEL: WOODS, FRED (J) P C ================================= * * * DOCKET EVENTS * * * 1 09/29/86 PSF PETITION FOR WRIT OF SUPERSEDEAS FILED. SUPERSEDEAS/STAY 2 09/29/86 EXL EXHIBITS LODGED ********** (4) VOLUMES basic docs Nov 93\5-18-92\Page.00002 3 10/01/86 REX APPLICATION FOR EXTENSION OF TIME FILED. +++ TO FILE RESPONSE TO PETN. 4 10/01/86 PTD ORDER DENYING PETITION FILED. LTJ 5 10/01/86 OPO OPPOSITION FILED. 6 10/02/86 HPR PETITION FOR HEARING IN SUPREME COURT RECEIVED. 7 10/06/86 HPD PETITION FOR HEARING DENIED IN SUPREME COURT. 8 10/15/86 CNL NOTICE OF APPEAL LODGED/RECEIVED. DTD 9-29-86 (RECPT 74406) 9 12/01/86 REQ REQUEST FILED TO: TO APPEAR AS COUNSEL PRO HAC VICE 10 12/10/86 APL APPLICATION FILED TO: TO FILE AOB IN EXCESS OF 50 PGS. 11 12/16/86 OFF ORDER FILED. APPLICATION FOR PERMISSION TO FILE BRIEF IN EXCESS OF 50 PAGES IS DENIED. BRIEF NOT TO EXCEED 75 PGS. 12 12/16/86 OFF ORDER FILED. APPLICATION FOR ATTY ERIC M. LIEBERMAN TO APPEAR AS COUNSEL PRO HAC VICE, GRANTED. 13 12/24/86 RAF RECORD ON APPEAL FILED. R-98 (5.1) 14 12/24/86 SCN SETTLEMENT CONFERENCE NOTICE SENT. 15 01/12/87 FDE FILED DOCUMENT ENTITLED: CERTIFIED COPY U. S. SUPREME COURT RULING "CASE NO. 86-1082 DOCKETED AND NOW PENDING" 16 01/23/87 AOB APPELLANT'S OPENING BRIEF FILED. 17 01/23/87 AAF APPELLANT'S APPENDIX FILED. 18 02/13/87 REX APPLICATION FOR EXTENSION OF TIME FILED. +++ 19 02/18/87 GEX APPLICATION FOR EXTENSION OF TIME GRANTED. *** RB DUE 3-23-87 NO FURTHER EXTENSIONS 20 03/13/87 PSF PETITION FOR WRIT OF SUPERSEDEAS FILED. STAY 21 03/13/87 LTR FILED LETTER FROM: GREENE, O'REILLY DTD 3-13-87 IN OPPO TO PETN FOR WRIT OF SUPER/STAY. 22 03/13/87 FDE FILED DOCUMENT ENTITLED: PROOF OF SERVICE basic docs Nov 93\5-18-92\Page.00003 23 03/19/87 PTD ORDER DENYING PETITION FILED. PET FOR WRIT OF SUPERSEDEAS IS DENIED. 24 03/26/87 APL APPLICATION FILED TO: FOR LEAVE TO FILE AC BRIEF 25 03/26/87 RDF RESPONDENT NOTIFIED PURSUANT TO RULE 17(B). 26 03/26/87 RBF RESPONDENTS BRIEF FILED. 27 03/27/87 RAB RESPONDT'S APPENDIX FILED. 2 VOLS 28 03/30/87 OFF ORDER FILED. THE COURT: APPLICATION OF HAMLIN INSTITUTE IS DENIED. 29 03/31/87 LTR FILED LETTER FROM: OF ATTY PETERSON DATED 3-30-87 30 04/01/87 MOF MOTION FILED. FOR RECUSAL. 31 04/09/87 OFF ORDER FILED. RESP TO FILE OPPO TO MOTION FOR RECUSAL. 32 04/15/87 OPO OPPOSITION FILED. TO APLT'S MOT TO DISQUALIFY 33 04/17/87 ARB APPELLANT'S REPLY BRIEF FILED. 34 04/17/87 CFB CASE FULLY BRIEFED. 35 04/17/87 OFF ORDER FILED. MOTION TO DISQUALIFY IS DENIED. 36 04/17/87 APL APPLICATION FILED TO: FILE AMICUS CURIAE OF SO. CHRISTIAN 37 04/22/87 MOF MOTION FILED. STO STRIKE OR TO SEAL ENVELOPE MARKED "CONFIDENTIA L" 38 04/22/84 SCO SUPREME COURT ORDER FILED RE: U. S. SUPREME COURT DENYING CERTIORARI 39 04/27/87 OFF ORDER FILED. REQ OF SO. CHRISTIAN LEADERSHIP CONFERENCE TO FILE A.C. BRIEF IS DENIED. 40 04/28/87 MOF MOTION FILED. FOR CALENDAR PREFERENCE 41 04/29/87 APL APPLICATION FILED TO: TO RESPOND TO APLT'S MOT TO STRIKE & TO REQ FOR A/C basic docs Nov 93\5-18-92\Page.00004 42 05/06/87 REP REPLY FILED TO: TO APLTS MOT TO STRIKE ETC 43 05/11/87 REP REPLY FILED TO: TO PLTF'S RESPONSE TO MOT TO STRIKE OR SEAL EXHIBIT 44 05/22/87 LTR FILED LETTER FROM: OF ATTY PETERSON DATED 5-22-87 45 06/23/87 LTR FILED LETTER FROM: ATTY RABINOWITZ, BOUDIN DTD 6-22-87 W/ATTACHMENT. 46 07/15/87 OFF ORDER FILED. MOTION FOR CALENDAR PREFERENCE IS DENIED. 47 08/27/87 REQ REQUEST FILED TO: OF ATTY HELLER TO APPEAR AS COUNSEL PRO HAC VICE 48 09/10/87 OFF ORDER FILED. THE COURT: APPLICATION OF ATTY HERTZBERG TO APPEAR AS COUNSEL PRO HAC VICE GRANTED. 49 09/11/87 APL APPLICATION FILED TO: OF THE NAT'L COUNCIL OF CHURCHES OF CHRIST FOR LEAVE TO FILE A/C BRIEF IN SUUPORT OF APLT. 50 09/14/87 OFF ORDER FILED. APPL OF NAT'L COUNCIL OF CHURCHES TO FILE A/C BRIEF GRANTED. 51 09/14/87 ACB AMICUS CURIAE BRIEF FILED BY: OF THE NATIONAL COUNCIL OF CHURCHES OF CHRIST. 52 10/22/87 MOF MOTION FILED. FOR ADDITIONAL TIME TO ARGUE. BY RESP. 53 02/05/88 FDE FILED DOCUMENT ENTITLED: NOTICE OF CESSATION OF LAW PRACTICE BY REASON OF DEATH OF ATTY JOHN GREGORY PETERSON. 54 02/26/88 SUB SUBSTITUTION OF ATTORNEYS FILED FOR: OF COUNSEL FOR APLT. 55 03/10/88 SPB SUPPLEMENTAL BRIEF FILED BY: FILED BY APLT. 56 03/30/88 SPB SUPPLEMENTAL BRIEF FILED BY: FILED BY RESP. 57 11/09/88 REQ REQUEST FILED TO: OF APTL FOR LEAVE TO FILE SUPPL LETTER BRIEF. 58 11/14/88 OFF ORDER FILED. APLT'S REQUEST FOR LEAVE TO FILE SUPPL LETTER BRIEF. RESP 15 DAYS TO RESPOND. basic docs Nov 93\5-18-92\Page.00005 59 11/14/88 SPB SUPPLEMENTAL BRIEF FILED BY: LETTER BRIEF OF APLT. 60 12/05/88 LBF LETTER BRIEF FILED. FILED BY ATTY O'REILLY FOR RESP. 61 12/06/88 LBF LETTER BRIEF FILED. FILED BY RESP. 62 12/08/88 CNS CALENDAR NOTICE SENT. CALENDAR DATE: 1-5-89 @ 2 P.M. 63 12/23/88 LTR FILED LETTER FROM: ATTY RABINOWITZ, BOUDIN, ETC. DTD 12-21-88. 64 12/28/88 ERS EXHIBITS RECEIVED FROM COUNTY CLERK. 1 ENVELOPE & 1 CHART. 65 01/05/89 ASD CAUSE ARGUED - SUBMISSION DEFERRED (SEE NOTE FLD) CAUSE TO BE SUBMITTED AT A LATER DATE. (COURT TO REQUEST LETTER BIEFS) 66 01/20/89 LTS LETTER SENT TO: TO BOTH COUNSEL REQUESTING LETTER BRIEFS 20 + 20. 67 02/09/89 REX APPLICATION FOR EXTENSION OF TIME FILED. +++ RESP'S LETTER BIEF EXT TO 3-7-89 68 02/10/89 GEX APPLICATION FOR EXTENSION OF TIME GRANTED. *** LETTER BRIEF OF RESP WOLLERSHIEM IS EXT TO 3-7-89. 69 03/14/89 LBF LETTER BRIEF FILED. LETTER BRIEF OF RESP WOLLERSHEIM 70 03/20/89 REX APPLICATION FOR EXTENSION OF TIME FILED. +++ OF APLT TO FILE LTR BRIEF. 71 03/23/89 GEX APPLICATION FOR EXTENSION OF TIME GRANTED. *** APLT CHURCH OF SCIENTOLOGY GRANTED TO 4-24-89 IN WHICH TO FILE SPB., MATTER TO BE SUBMITTED THEN 72 04/24/89 LBF LETTER BRIEF FILED. CHURCH OF SCIENTOLOGY 73 04/24/89 CSU CAUSE SUBMITTED. 74 05/04/89 ERS EXHIBITS RECEIVED FROM COUNTY CLERK. 7 BOXES + CHARTS + BRIEF CASE. 75 07/18/89 OPF OPINION FILED. JUDG REV AS TO NEGLIGENT INFLICTION OF EMOTIONAL INJURY..(SEE OPIN)..MOD TO REDUCE COMPENSATORY DAM 76 07/24/89 REX APPLICATION FOR EXTENSION OF TIME FILED. +++ TO FILE PETN FOR REHEARING. basic docs Nov 93\5-18-92\Page.00006 77 07/26/89 GEX APPLICATION FOR EXTENSION OF TIME GRANTED. *** REQ OF RESP FOR EXT OF TIME TO FILE PET FOR REHRNG IS GRANTED TO 8-5-89. 78 07/26/89 REX APPLICATION FOR EXTENSION OF TIME FILED. +++ TO FILE PETN FOR REHEARING OF APLT. 79 07/27/89 GEX APPLICATION FOR EXTENSION OF TIME GRANTED. *** TO FILE APLT'S PETN FOR REHEARING. ANSWERS DUE 8-11-89. NO FURTHER EXT! 80 08/07/89 ASN ASSOCIATION OF ATTORNEYS FILED FOR: FOR RESP. O'REILLY W/GREENE, BROILLET, ETC. 81 08/07/89 RPF REHEARING PETITION FILED. FILED BY RESP. 82 08/07/89 RPF REHEARING PETITION FILED. FILED BY APLT 83 08/07/89 APL APPLICATION FILED TO: OF APLT FOR PERMISSION TO FILE APPENDIX TO PETN FOR REHEARING. 84 08/11/89 ARP ANSWER TO REHEARING PETITION FILED. OF APLT CHURCH 85 08/11/89 ARP ANSWER TO REHEARING PETITION FILED. OF RESP WOLLERSHEIM 86 08/17/89 OPM MOD. OF OPINION FILED. (NO CHANGE IN JUDGMENT) SEE ORDER & PETITIONS OF APLT & RESP FOR REHEARING ARE DENIED. L-J-W 87 08/17/89 OFF ORDER FILED. PERMISSION TO FILE APPENDIX TO PET FOR REHEARING IS DENIED. 88 09/14/89 ERC EXHIBITS RETURNED TO COUNTY CLERK. 7 BOXES, 1 ENVELOPE, 2 BUNDLES OF CHARTS, 1 SINGLE CHART & 1 BRIEF CASE. 89 09/14/89 RPR PETITION FOR REVIEW IN SUPREME COURT RECEIVED. 90 10/26/89 RPD PETITON FOR REVIEW DENIED IN SUPREME COURT. PER PHONE CALL TO SUPREME COURT 91 11/29/89 RMI REMITTITUR ISSUED. 92 09/11/90 DNF DEFAULT NOTICE SENT-APPLT NOTIFIED PER RULE 10(A) RE: RETURNED CK IN AMOUNT OF $26.78 93 09/24/90 FEE FILING FEE RECEIVED FROM: AKTION BILDUNGSINFORMATION E. V (CASH 27.00) 94 04/25/91 FDE FILED DOCUMENT ENTITLED: CERTIFIED COPY OF U.S. SUPREME CT ORDER GRANTING CERTIORARI. basic docs Nov 93\5-18-92\Page.00007 95 04/25/91 FDE FILED DOCUMENT ENTITLED: U.S. SUPREME CT ORDER VACATING THIS COURT'S JUDG- MENT & CAUSE REMANDED FOR FURTHER CONSIDERATION. 96 05/01/91 OFF ORDER FILED. RECALLING REMITTITUR ISSUED ON 11-29-89 IN LIGHT OF PACIFIC MUTUAL LIFE INS. CO. V. HASLIP 97 05/09/91 SUB SUBSTITUTION OF ATTORNEYS FILED FOR: FOR RESP. 98 06/04/91 LTR FILED LETTER FROM: ATTY O'REILLY DTD 5-21-91 RE SUB OF ATTYS. 99 06/26/91 LTS LETTER SENT TO: TO PARTIES REQUESTING LETTER BRIEFS. 100 08/05/91 LBF LETTER BRIEF FILED. FOR THE CHURCH. (REC'D VIA FED EX PER RULE 40(N)). 101 08/20/91 REX APPLICATION FOR EXTENSION OF TIME FILED. +++ TO FILE LETTER BRIEF OF RESP. 102 08/27/91 GEX APPLICATION FOR EXTENSION OF TIME GRANTED. *** LETTER RB TO 10-3-91 103 10/03/91 LBF LETTER BRIEF FILED. ON BEHALF OF WOLLERSHEIM. 104 10/15/91 LTR FILED LETTER FROM: ATTY LIEBERMAN REQUESTING 3 ADDT'L PAGES FR 5 TO 8 FOR REPLY LETTER BRIEF. 105 10/16/91 OFF ORDER FILED. REQ FOR THREE ADDITIONAL PAGES GRANTED. 106 10/18/91 LBF LETTER BRIEF FILED. OF APLT IN REPLY. LTS LETTER SENT TO: TO APLT RE DOCUMENTS RETURNED. 108 11/07/91 CNS CALENDAR NOTICE SENT. CALENDAR DATE: 12-5-91 @ 10 A.M. LTR FILED LETTER FROM: ATTY CUMMINS & WHITE DTD 11-12-91 RE RECENT CASE. LTR FILED LETTER FROM: ATTY FOR APLT DTD 11-21-91 IN RESPONSE TO LETTER OF ROBERT HORWITZ. CAS CAUSE ARGUED AND SUBMITTED. 112 03/20/92 OPF OPINION FILED. AFFIRMED IN PART/REVERSED IN PART W/REMITTITUR. CFP 36 PGS. J-L-W basic docs Nov 93\5-18-92\Page.00008 113 04/06/92 RPF REHEARING PETITION FILED. APPELLANT (CHURCH OF SCIENTOLOGY OF CALIFORNIA) (PER RULE 40 N) 114 04/20/92 MOP MOD. OF OPINION FILED. (CHANGE IN JUDGMENT) & DENYING REHEARING. (SEE ORDER) 115 05/11/92 ODR ORDER DENYING REHEARING PETITION FILED. 116 05/12/92 LTR FILED LETTER FROM: FROM L.WOLLERSHEIM DTD 5-7-92 RE PETITION FOR REHEARING * * * ATTORNEYS & LITIGANTS * * * CUMMINS & WHITE Barry Van Sickle 865 S. Figueroa Street 24th Floor Los Angeles, CA 90017 (LARRY WOLLERSHEIM) PLAINTIFF-RESPONDENT LENSKE, LENSKE & HELLER Lawrence E. Heller 6400 Canoga Ave. Suite 315 Woodland Hills, CA 91367 (CHURCH OF SCIENTOLOGY OF CALIF) DEFENDANT-APPELLANT ROBINOWITZ, BOUDIN, STANDARD, KRINSKY, Eric M. Lieberman 740 Broadway & Astor 5th Floor New York, NY 10003 (CHRUCH OF SCIENTOLOGY OF CALIF) DEFENDANT-APPELLANT Michael Hertzberg 275 Madison Avenue New York, NY 10019 (CHURCH OF SCIENTOLOGY) APPELLANT BOOTHBY, ZIPRICK & YINGST Lee Boothby 208 W. Mars Street Berrien Springs, MI 49103 (NATIONAL COUNCIL OF CHURCHES) AMICUS CURIAE * * * FINANCIAL TRANSACTION * * * 1 RECEIPT NO. R211538 DPTY: DPP FEE TYPE: Copy Chg FILING DATE: 10/24/89 PAY/WAIVE DATE: 10/24/89 CR AMT: 14.25 ATTY SEQ:> PAY TYPE: Check FEE STATUS:> Applicable CHECK NO.> 90-7051/3222 basic docs Nov 93\5-18-92\Page.00008 113 04/06/92 RPF REHEARING PETITION FILED. APPELLANT (CHURCH OF SCIENTOLOGY OF CALIFORNIA) (PER RULE 40 N) 114 04/20/92 MOP MOD. OF OPINION FILED. (CHANGE IN JUDGMENT) & DENYING REHEARING. (SEE ORDER) 115 05/11/92 ODR ORDER DENYING REHEARING PETITION FILED. 116 05/12/92 LTR FILED LETTER FROM: FROM L.WOLLERSHEIM DTD 5-7-92 RE PETITION FOR REHEARING * * * ATTORNEYS & LITIGANTS * * * CUMMINS & WHITE Barry Van Sickle 865 S. Figueroa Street 24th Floor Los Angeles, CA 90017 (LARRY WOLLERSHEIM) PLAINTIFF-RESPONDENT LENSKE, LENSKE & HELLER Lawrence E. Heller 6400 Canoga Ave. Suite 315 Woodland Hills, CA 91367 (CHURCH OF SCIENTOLOGY OF CALIF) DEFENDANT-APPELLANT ROBINOWITZ, BOUDIN, STANDARD, KRINSKY, Eric M. Lieberman 740 Broadway & Astor 5th Floor New York, NY 10003 (CHRUCH OF SCIENTOLOGY OF CALIF) DEFENDANT-APPELLANT Michael Hertzberg 275 Madison Avenue New York, NY 10019 (CHURCH OF SCIENTOLOGY) APPELLANT BOOTHBY, ZIPRICK & YINGST Lee Boothby 208 W. Mars Street Berrien Springs, MI 49103 (NATIONAL COUNCIL OF CHURCHES) AMICUS CURIAE * * * FINANCIAL TRANSACTION * * * 1 RECEIPT NO. R211538 DPTY: DPP FEE TYPE: Copy Chg FILING DATE: 10/24/89 PAY/WAIVE DATE: 10/24/89 CR AMT: 14.25 ATTY SEQ:> PAY TYPE: Check FEE STATUS:> Applicable CHECK NO.> 90-7051/3222 ================================================================= If this is a copyrighted work, you are acknowledging by receipt of this document from FACTNet that on the basis of reasonable investigation, you have not been to obtain a copy elsewhere at a fair price, and that you are and will abide by the following copyright warning. 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