Order Assuming Jurisdiction of Winding Up of Peoples Temple (Text)

CHARLES R. GARRY, ESQ.
GARRY, DREYFUS, MCTERNAN, BROTSKY, HERNDON & PESONEN, INC.
1256 Market Street at Civic Center
San Francisco, California 94102
Telephone: 864 3131

Attorneys for Petitioner

[Stamped notation] Filed
San Francisco County Superior Court
Jan 26 1979
Carl M. Olsen, Clerk

IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE CITY AND COUNTY OF SAN FRANCISCO

Peoples Temple of the Disciples of Christ,
Petitioner,

v.

The Attorney General of California,
Respondent.

No. 746571

ORDER
[Handwritten notation]
Assuming Jurisdiction of Winding Up of Peoples Temple

The petition of Peoples Temple of the Disciples of Christ, a California non-profit corporation (“petitioner”) for supervision by this Court of the voluntary winding up and dissolution of Peoples Temple of the Disciples of Christ came on regularly for hearing by this Court on this date. The Attorney General appeared by Yeoryios Apallas, Esq., Deputy Attorney General, and Peoples Temple appeared by counsel, Charles R. Garry and Benjamin Dreyfus. Claimants against Peoples Temple appeared by Marvin Lewis, Esq., Shawn Steel, Esq., Kent A. Davidson, Esq., Alan Cilman, Esq., and Craig Needham, Esq. Emergency Relief Committee, Amicus Curiae, appeared by John Wahl, Esq., and George H. Cabannis, Esq.

Upon proof made to the satisfaction of the Court that the petition should be granted, the Court hereby takes jurisdiction of the winding up and dissolution of Peoples Temple of the Disciples of Christ, a California non-profit corporation, pursuant to §§ 1904 and 9801 of the Corporations Code and

IT IS ORDERED:

1. Notice to creditors shall be published not less than once a week for three consecutive weeks in the Recorder, a newspaper of general circulation printed and published in the City and County of San Francisco, California, and one time each in the San Francisco Chronicle, the San Francisco Examiner, the Los Angeles Times, and the Ukiah Daily Journal, and a copy of such notice shall be mailed to each person shown as a creditor or claimant by the records of Peoples Temple, or as appear from the records of this Court, at his or her last known address. Such notice may be made forthwith and shall be sufficient if it is substantially in the form attached as Exhibit A hereto. A suggested sample claim form may accompany each notice to be served or mailed, but the form need not be published.

2. All persons having or making claims or demands against Peoples Temple, whether such claims or demands be due or not yet due, contingent or unliquidated, or sounding only in damages, file their claims with the proof thereof with Robert H. Fabian, Esq., 220 Bush Street, San Francisco, California 94104, within four months after the first publication of the notice herein specified, or be barred from participation in any distribution of the general assets of Peoples Temple if they fail to make and present claims and proofs within the time herein specified.

3. Any withdrawal or expenditure of any funds of Peoples Temple, whether for payment of claims, demands, debts, or other purposes, shall require the prior express written authorization of this Court.

4. Pending further order of this Court, the following actions, and all other legal actions by or against petitioner, are stayed as to petitioner:

    (a) Cobb v. Peoples Temple, et al.,
    San Francisco Superior Court No. 739907

    (b) Medlock v. Jones, et al.,
    Los Angeles Superior Court No. C243292

    (c) Katsaris v. Jones, et al.,
    Mendocino Superior Court No. 39911

    (d) Peoples Temple, et al. v. Stoen,
    San Francisco Superior Court No. 740531

    (e) Snyder, et al. v. Peoples Temple,
    Mendocino Superior Court No. 40049

    (f) Lewis v. Peoples Temple, et al.,
    San Francisco Superior Court No. 747250

    (g) Norwood, et al. v. Peoples Temple,
    San Francisco Superior Court No. 747251

    (h) Ryan v. Peoples Temple,
    San Francisco Superior Court No. 748417

    (i) Bordenave v. Peoples Temple,
    Los Angeles Superior Court No. C269968

    (j) Holmes v. Peoples Temple,
    San Francisco Superior Court No. 748470

    (k) United States v. Peoples Temple,
    U.S. District Court, and Northern District of California, No. C790126 LHB

    (l) Hall v. Peoples Temple,
    Los Angeles Superior Court No. C268099

    (m) Robinson v. Peoples Temple,
    Los Angeles Superior Court

The parties to these actions are hereby ordered to present their claims in the manner required of creditors, but not later than four months after the first publication of the notice to creditors and prove their claims in the manner required of other creditors. Petitioner is hereby ordered to serve a copy of this order on all parties or their attorneys of record in the above referenced actions forthwith and to file a copy of this order in each of the actions stayed.

5. The Court takes judicial notice of extraordinary and unprecedented circumstances requiring the filing of the said petition, which included multiple deaths in Jonestown, Guyana. Many of the decedents left relatives resident within the jurisdiction of the Court. By reason thereof, Emergency Relief Committee, an unincorporated non-profit association composed of representatives of the San Francisco Council of Churches, the Northern California Board of Rabbis, and the Roman Catholic Archdiocese of San Francisco, which Committee appears herein as amicus curiae by prior order of the Court, is hereby authorized and directed as follows:

To submit to the Court, as soon as Committee may reasonably do so but not later than 30 days from this order, a plan for the transport and interment, or other suitable disposition, of the bodies of those who died at Jonestown, Guyana including the unidentified bodies, the said plan to include an estimate of the costs and expenses thereof and to recommend whether, and if so in what proportion, the said costs and expenses should be reimbursed from assets of Peoples Temple, upon proper proof of indebtness for the payment of the said costs and expenses. The said plan may be brought on for consideration, hearing and possible approval by the Court, if the plan be deemed reasonable by the Court, upon 10 days notice in writing to the parties to the proceeding, and to all attorneys who have entered appearance in this proceeding, and by posting notice in the manner required of ordinary notices by the Probate Code.

6. Any and all charitable organizations, exempt from taxation under § 501(c) (3) of the Internal Revenue Code, which desire to be named as the distributee of the assets of Peoples Temple, pursuant to the winding up and dissolution of Peoples Temple under Corporations Code § 9801, shall file with the Court and with the Office of the California Attorney General – Charitable Trust Unit, on or before September 30, 1979, a written proposal for maintenance, operation and utilization of the Peoples Temple assets in a manner consistent with the terms of the trust. All said organizations shall, in addition, file a current statement, signed and verified by an officer, director, or trustee of the organization under penalty of perjury, demonstrating the financial ability of said organization to carry out its proposed plan of operation. Failure of any organization to hold a 501(c) (3) exemption and/or to file the above-required proposal and financial statement shall preclude any distribution of Peoples Temple assets to said organization.

7. The Office of the California Attorney General is instructed to investigate and audit, to the full extent deemed necessary by the Office of the California Attorney General, all organizations, including the directors, officers and members thereof, applying for distribution of any Peoples Temple assets attendant to this proceeding. The Office of the California Attorney General shall submit to the Court, on or before December 31, 1979, its recommendations for distribution of the Peoples Temple assets in a manner consistent with the terms of the trust. Nothing herein shall preclude the Attorney General from adding to, deleting from or modifying the list of potential distributees of Peoples Temple assets until five (5) days prior to the Court’s order designating such distributees.

8. This Court shall, upon motion by petitioner or its duly authorized representative, and after receipt of the afore-mentioned proposals, reports, statements, and recommendations, set for final hearing this petition for dissolution of petitioner and for distribution of the charitable assets of Peoples Temple, pursuant to Corporations Code § 9801, and shall order the said dissolution and distribution of said assets of Peoples Temple in a manner consistent with the terms of the trust thereon.

9. The surviving directors of Peoples Temple shall file with this Court within ten days of the filing of this order, a complete inventory of the assets and liabilities of Peoples Temple. Thereafter the directors are ordered to file intermediate accounts as the Court or the Attorney General may require.

10. Subject to Court approval, all of the assets of the corporation shall be sold at public or private sale, for cash or upon terms satisfactory to the Court.

Done in open court the 23d of January, 1979, and signed the [handwritten date] 26th day of January, 1979.

[Signed] Ira A. Brown
JUDGE OF THE SUPERIOR COURT
[Stamped] Ira A. Brown, Jr.

Originally posted on May 27th, 2013.

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