||||| From: ptsc Newsgroups: alt.religion.scientology Subject: Goldowitz in Wollersheim on anti-SLAPP law (support of Motion to Strike) Date: Wed, 15 May 2002 12:53:23 -0400 Organization: ARS: Perhaps the Most Malignant Newsgroup on Usenet Message-ID: X-Newsreader: Forte Agent 1.8/32.553 MIME-Version: 1.0 Content-Type: text/plain; charset=us-ascii Content-Transfer-Encoding: 7bit X-Complaints-To: newsabuse@supernews.com Lines: 397 Path: news2.lightlink.com!news.lightlink.com!zapata.tvd.be!news.tvd.be!nntp-relay.ihug.net!ihug.co.nz!logbridge.uoregon.edu!newsfeed.stanford.edu!sn-xit-01!sn-post-01!supernews.com!corp.supernews.com!not-for-mail Xref: news2.lightlink.com alt.religion.scientology:1515827 ------------------------------------------------------------------- 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. ===================================================================== \Nov 16 93 Goldowitz Declr.\Page.00001 1 Daniel Leipold Hagenbaugh & Murphy 2 701 South Parker Street, Suite 8200 Orange, California 92668 3 (714) 835-5406 4 Mark Goldowitz, #96418 1611 Telegraph Ave., Suite 1200 5 Oakland, California 94612 (510) 835-0850 6 Special Counsel for Defendant Lawrence Wollersheim 7 Lawrence Wollersheim 8 P.O. Box 10910 Aspen, Colorado 81612 9 (303) 650-3336 10 In Pro Per 11 12 SUPERIOR COURT OF THE STATE OF CALIFORNIA 13 COUNTY OF LOS ANGELES 14 15 CHURCH OF SCIENTOLOGY OF ) No. BC 074815 CALIFORNIA, 16 ) DECLARATION OF MARK GOLDOWITZ Plaintiff, ) IN SUPPORT OF DEFENDANT 17 ) WOLLERSHEIM'S RENEWED SPECIAL vs. MOTION TO STRIKE 18 LARRY WOLLERSHEIM, 19 Defendant. Date: December 9, 1993 20 Time: 9:00 a.m. Dept: 14 21 22 23 24 25 26 27 28 Declaration of Mark Goldowitz, Wollersheim's Special Motion to Strike Page i \Nov 16 93 Goldowitz Declr.\Page.00002 1 DECLARATION OF MARK GOLDOWITZ IN SUPPORT OF DEFENDANT 2 WOLLERSHEIM'S RENEWED SPECIAL MOTION TO STRIKE 3 I, Mark Goldowitz, hereby declare: 4 1. I am an attorney, duly admitted to practice in California, 5 and am special counsel for defendant Lawrence Wollersheim in this 6 action. I have personal knowledge of the facts set forth in this 7 declaration. The exhibits attached to this declaration are true 8 copies of the documents they purport to be. 9 2. Defendant Wollersheim's special motion to strike was fully 10 briefed and a hearing held on July 2, 1993. This Court stayed all 11 proceedings in this matter pending a final ruling from the California 12 Supreme Court on the petition for review that was then pending in 13 Wollersheim v. Church of Sciento~oqvl Los Angeles Superior Court No. 14 332027, CSC # SO 11790 (the "Main Action"). This Court's order 15 permitted defendant to reset his special motion to strike in this 16 Department at any time following the California Supreme Court's final 17 ruling in the Main Action. (See Order of Court Re Defendant's 18 Special Motion to Strike Complaint Pursuant to CCP S5425.16, filed 19 8/31/93, attached as Exhibit A hereto.) 20 3. On July 15, 1993, the California Supreme Court dismissed 21 the petition for review in the Main Action and remanded the matter to 22 the Court of Appeal. (See Exhibit B.) On October 13, 1993, Division 23 7 of the Second Appellate District of the Court of Appeal issued the 24 Remittitur in the Main Action. (See Exhibit C.) 25 4. Since shortly after the Legislature's passage of SB 341y in 26 September 1991, I worked extensively to support the enactment of 27 anti-SLAPP legislation in California. In this process, I worked very 28 Declaration of Mark Goldowitz, Wollersheim's Special Motion to Strike Page 1 \Nov 16 93 Goldowitz Declr.\Page.00003 1 closely with the office of Senator Bill Lockyer (the author of the 2 anti-SLAPP legislation which was ultimately enacted in 1992 as Code 3 of Civil Procedure S 425.16, and the Chair of the Senate Judiciary 4 Committee, which handled the bill in the Senate). In particular, I 5 worked very closely with Gene Wong, counsel to the Senate Judiciary 6 Committee and the Committee staff person responsible for this 7 legislation, to gather editorial and organizational support for the 8 legislation, to evaluate potential amendments, and to help develop a 9 strategy designed to persuade the Covernor to sign the legislation. 10 5. I am very familiar with the legislative history of C.C.P. 11 S 425.16 and its predecessor bills. Based on the legislative 12 history, as well as my own personal knowledge, it is clear that the 13 intent of the statute is to cover all lawsuits and other lawsuit- 14 related communications as petition activity protected by the statute. 15 The rest of this declaration contains an analysis of the legislative 16 history of this legislation which demonstrates this intent. 17 6. Senator Lockyer's original anti-SLAPP legislation was SB 18 2313 of 1990, which passed the Assembly 77-0 and the Senate 29-3, but 19 was vetoed by Governor Deukmejian. Senator Lockyer re-introduced the 20 vetoed bill in 1990, which was enacted as SB 341 of 1991y passing the 21 Assembly by 54-20 and the Senate by 27-0. (See Exhibits B and G to 22 Declaration of Gene Wong, Exhibit 18 filed with defendant's reply 23 papers.) 24 7. Senator Lockyer re-introduced the vetoed SB 341 as SB 1264 25 of 1992. As o~iginally introduced on January 6, 1992, SB 1264 26 contained the basic language which was ultimately enacted in 27 S425.16(b), making the statute apply to: 28 "A cause of action against a person arising from any act of that Declaretion of Mark Goldowitz, Wollersheim's Special Motion to Strike Page 2 \Nov 16 93 Goldowitz Declr.\Page.00004 1 person in furtherance of his or her right of petition or free speech under the United Stqates or California Constitution in 2 connection with a public issue..." 3 SB 1264 originally contained subsections (a) through (d) only. 4 Subsections (e), (f), and (g) were all added later. (See Exhibit D.) 5 8. On June 11, 1992, Gene Wong faxed a memo to me and Tom 6 Newton, General Counsel for the California Newspaper Publishers 7 Association, two key supporters of SB 1264y enclosing proposed 8 amendments to SB 1264 and soliciting our comments. (See Exhibit E.) 9 The proposed amendment would add a new subsection (e) as follows: 10 "(e) As used in this section, 'act in furtherance of the right of petition of free speech under the United States or 11 California Constitution in connection with a public issue' means any written or oral statement or writing made before a 12 legislative, executive, or judicial proceeding, or any other official proceeding authorized by law, or a written or oral 13 statement or writing made in connection with an issue under consideration or review by a legislative, executive, or judicial 14 body, or any other official proceeding authorized by law." 15 This language covered all petition activity, without any "issue of 16 public interest" requirement. 17 9. I immediately faxed out the draft amendments to the major 18 supporters of SB 1264 and solicited their feedback. Later on June 19 11, 1992, I told Gene Wong in a telephone conversation that 20 supporters of SB 1264 (including me) believed that the proposed 21 subsection (e) was too narrowly drafted, because it was limited to 22 petition activity and did not cover many situations where free speech 23 was being exercised. On June 12, 1992, I followed this conversation 24 up with a faxed memo to Gene Wong, re-iterating the need to include 25 protection for the exercise of free speech in the absence of 26 petition. (Exhibit F.) Mr. Wong indicated to me that the language 27 in proposed subsection (e) would be modified to address our concern. 28 Declaration of Mark Goldowitz, Wollersheim's Special Motion to Strike Page 3 \Nov 16 93 Goldowitz Declr.\Page.00005 1 10. Subsequently, on June 29, 1992, the Assembly adopted Sen. 2 Lockyer's amendment to SB 1264, responding to the criticisms of 3 supporters of the bill, which re-wrote subsection (e) with the 4 language which was enacted. (Exhibit G.) This amendment replaced 5 the exclusive definition in the draft ("means") with the non- 6 exclusive term "includes", added a third category of specified 7 protected activities (free speech on issues of public interest), and 8 added semicolons to separate each of the three categories of 9 protected activity described in subsection (e). I and other 10 supporters believed that it satisfactorily responded to our 11 criticisms of the bill. 12 I declare, under penalty of perjury under the laws of the State 13 of California, that the foregoing is true and correct. 14 Executed this 16th day of NovemPer, 1993. 15 - Mark Goldowitz 16 17 EXBIBITS: 18 A. Order of Court Re Defendant's Special Motion to Strike Complaint 19 Pursuant to CCP S5425.16, Church of Scientolosv v. Wollersheim, 8/31/93 20 B. Dismissal of Petition for Review by California Supreme Court, Wollersheim v. Church of Scientolosv~ 7/15/93 21 C. Remittutur Notice, Court of Appeal, Wollersheim v. Church of Scientoloqy, 10/13/93 22 D. SB 1264 of 1992 (as introduced, 1/6/92) E. Sen. Lockyer's proposed amendments to SB 1264 (6/11/92) 23 F. Mark Goldowitz memo to Gene wong (6/12/92) G. SB 1264, after Sen. Lockyer's amendments in Assembly (6/29/92) 24 25 26 27 28 Declaration of Mark Goldowitz, Wollersheim's Special Motion to Strike Page 4 \Nov 16 93 Goldowitz Declr.\Page.00006 1 Daniel Leipold Hagenbaugh & Murphy 2 701 South Parker Street, Suite 8200 Orange, California 92668 3 (714) 835-5406 4 Mark Goldowitz 1611 Telegraph Ave., Suite 1200 5 Oakland, California 94612 (510) 835-0850 6 Special Counsel for Defendant Lawrence Wollersheim 7 Lawrence Wollersheim 8 P.O. Box 10910 Aspen, Colorado 81612 9 (303) 650-3336 10 In Pro Per 11 SUPERIOR COURT OF THE STATE OF CALIFORNIA 12 COUNTY OF LOS ANGELES 13 CHURCH OF SCIENTOLOGY OF No. BC 074815 14 CALIFORNIA, ) ) EXHIBITS TO DEFENDANT'S 15 Plaintiff, ) SUPPLEMENTAL MEMORANDUM OF ) POINTS AND AUTHORITIES IN 16 vs. ) SUPPORT OF DEFENDANT'S RENEWED ) SPECIAL MOTION TO STRIKE 17 LARRY WOLLERSHEIM, ) 18 Defendant. ) Date: December 9, 1993 ) Time: 9:00 a.m. 19 ) Dept: 14 20 EXHIBITS TO DEFENDANT'S SUPPLEMENTAL MEMORANDUM 21 23. Declaration of Steven Fishman 22 24. Declaration of Mark Goldowitz 23 A. Order of Court Re Defendant's Special Motion to Strike Complaint Pursuant to CCP 95425.16, Church of 24 Scientoloqy v. Wollersheim, 8/31/93 B. Dismissal of Petition for Review by California Supreme 25 Court, Wollersheim v. Church of Scientolosy, 7/15/93 C. Remittutur Notice, Court of Appeal, Wollersheim v. 26 Church of Scientoloqy, 10/13/93 D. SB 1264 of 1992 (as introduced, 1/6/92) 27 E. Sen. Lockyer's proposed amendments to SB 1264 (6/11/92) F. Mark Goldowitz memo to Gene Wong (6/12/92) 28 G. SB 1264, after Sen. Lockyer's amendments in Assembly (6/29/92) \Nov 16 93 Goldowitz Declr.\Page.00007 EXHIBIT 24 ================================================================= 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. WARNING CONCERNING COPYRIGHT RESTRICTIONS: The copyright law of the United States (Title 17, United States Code) governs the making of photo copies or other reproductions of copyrighted material. Under certain conditions specified by law, libraries and archives are authorized to furnish a photocopy or other reproduction. 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