BB-10-a-1
June 20, 1978
Mr. Eugene B. Chaikin
P.O. Box 893
Mission Village
Georgetown, Guyana
Re: Guardianship of Vincent Lopez, Jr.
Alameda Superior Action No. 204 108-7
Dear Mr. Chaikin:
At June Crym’s request, I appeared for you at a citation hearing in the above-captioned matter. The citation asked that you appear and explain why an inventory, appraisement and account should not be filed in the Lopez guardianship. At the hearing, I told Judge John Sparrow that:
1) You have been and will be outside the United States for an unknown period.
2) The Lopez file shows that in April 1977 you had prepared a first account showing no assets and no income in this estate. The account was never filed because you were unable to obtain the Guardian’s signature.
3) On August 19, 1977, you sent a letter to Walter Jones, in care of Joseph A. Mazor and Associates, P.O. Box 99717, San Francisco, California 94109, containing a substitutuion of attorneys. The substitution, apparently, was never signed, returned to you and filed.
Judge Sparrow asked some questions about the minor’s assets and income, and whether he is in “South America with some group.” I told the Judge that the only information which I could relate is what is shown in your file. At my request this matter has been continued until Wednesday, September 20, 1978, so that I may obtain further information from you.
—
BB-10-a-2
Mr. Eugene B. Chaikin
June 20, 1978
I wish to file a motion, on your behalf, to withdraw, as counsel for the Guardian, and an affidavit in support of your motion and in response to the citation. The following information should be set forth in your affidavit:
- a) That I am authorized to appear in this citation on your behalf.
- b) The approximate date you left the U.S., and the approximate date you plan to return, if known.
- c) What efforts you made to reach the guardian and file an inventory and account. The response or lack thereof by the guardian.
- d) The last date, time and place you had any contact or communication with the guardian.
- e) Any information you have about the assets and income of the Ward. (The petition states, “The extent of the estate of the minor is unknown at this time but will consist mainly of county benefits received monthly for the care of said minor.)
I would suggest that your affidavit be prepared so as to comply with Evidence Code Section 1454, a copy of which is enclosed.
Very truly yours,
/s/ James Herndon
James Herndon
—
BB-10-a-3
[copy of Evidence Code Section 1454]
§ 1454. Foreign official signatures. A signature is presumed to be genuine and authorized if it purports to be the signature, affixed in his official capacity, of an officer, or deputy of an officer, of a nation or public entity in a nation recognized by the executive power of the United States and the Writing to which the signature is affixed is accompanied by a final statement certifying the genuineness of the signature and the official position of (a) the person who executed the writing or (b) any foreign official who has certified either the genuineness of the signature and official position of the person executing the writing or the genuineness of the signature and official position of another foreign official who has executed a similar certificate in a chain of such certificates beginning with a certificate of the genuine-ness of the signature and official position of the person executing the writing. The final statement may be made only by a secretary of an embassy or legation, consul general, consul, vice consul, consular agent, or other officer in the foreign service of the United States stationed in the nation, authenticated by the seal of his office. (Stats. 1965, c. 299, £ 1454.)
—
BB-10-a-4
[Envelope addressed to Eugene Chaikin]
—
BB-10-b
Affidavit
Eugene Chaikin
Jonestown, Port Kaituma
North West Region
Cooperative Republic of Guyana
I, Eugene Chaikin, being duly sworn, declare:
I agreed to represent Mr. Walter Jones in the matter of the Guardianship of Vincent Lopez, without charge, and received no compensation therefore. Within two months subsequent to the hearing, I saw him only once or twice, and have neither seen nor heard from him since then. When he left the San Francisco area he left no forwarding address nor any telephine number so I had no way to contact him. The first and only time I heard from him was the letter from Mr. Mazor to which I responded sending a substitution of attorney. I received no reply and have had no other communication with him. I do not know how to reach him.
I left California and went to Guyana, South America where I now reside in September of 1977. I have been here ever since and do not plan to return to the U.S.A, for several years. The estate of Vincent Lopez had no assets. The boy himself was without assets. Prior to the Guardianship, he resided in a licensed home for boys, paid for by the State of California. That status was discontinued upon the completion of the Guardianship. To my knowledge Mr. Jones never applied for any [illegible word] form of public assistance for Vincent. No assets ever came into the estate.
Dated July 14, 1978
[Unnotarized, unsigned, no witnesses]