)Īrmstrong's cross-action was then settled and dismissed, the subject documents were ordered returned to the Church, and the record was sealed by Judge Breckenridge pursuant to stipulation of the parties. B005912) because that "judgment" was not a final judgment and was not appealable Armstrong's cross-complaint had not yet been resolved and further judicial action was essential to the final determination of the rights of the parties. Plaintiffs filed notice of appeal from that order. However, the court also determined that Armstrong's conduct was justified, in that he believed the Church threatened harm to him and his wife, and that he could prevent such harm by taking and keeping the documents.įollowing those determinations the court made and entered an order, entitled "Judgment," on August 10, 1984, 1 ordering and adjudging that plaintiffs take nothing by their complaint and complaint-in-intervention, and that defendant Armstrong have and recover his costs and disbursements. With respect to the complaint and complaint-in-intervention, the trial court found the Church had made out a prima facie case of conversion, breach of fiduciary duty, and breach of confidence, and that Mary Sue Hubbard had made out a prima facie case of conversion and invasion of privacy. Armstrong cross-complained, seeking damages for fraud, intentional infliction of emotional distress, libel, breach of contract, and tortious interference with contract. Ron Hubbard, intervened in the action, alleging causes of action for conversion, invasion of privacy, possession of personal property, and declaratory and injunctive relief. Mary Sue Hubbard (Hubbard), wife of Church founder L. In the underlying action, the Church sued Armstrong, a former Church worker, alleging he converted to his own use confidential archive materials and disseminated the same to unauthorized persons, thereby breaching his fiduciary duty to the Church, which sought return of the documents, injunctive relief against further dissemination of the information contained therein, imposition of a constructive trust over the property and any profits Armstrong might realize from his use of the materials, as well as damages. We vacate the order and affirm the judgment. B038975), and from the judgment entered in the case (No. In consolidated appeals, the Church of Scientology of California (the Church) and Mary Sue Hubbard (hereafter collectively plaintiffs) appeal from an order after appealable judgment unsealing the file in Church of Scientology of California v.
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