Order Authorizing ERC Expenditure of Temple Funds (Text)

MILES A. COBB
DAVID L. SANDBORG
BRONSON, BRONSON & MCKINNON
555 California Street
San Francisco, California 94104
Telephone: (415) 391-4500

Attorneys for ROBERT H. FABIAN
As Receiver for PEOPLE’S TEMPLE
OF THE DISCIPLES OF CHRIST

[Stamp]
FILED
Apr 1 1979
Carl M. Olsen, Clerk
by Joseph Rasch-Cabot, Deputy clerk

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

PEOPLE’S TEMPLE OF THE DISCIPLES OF CHRIST,
Petitioner

vs.

THE ATTORNEY GENERAL OF THE STATE OF CALIFORNIA,
Respondent

No. 746571

ORDER AUTHORIZING AND ORDERING EXPENDITURES OF TEMPLE FUNDS FOR REMOVAL AND INTERMENT OF BODIES REMAINING AT DOVER, DELAWARE

On the 26th day of February, 1979, the plan (the “Plan”) proposed by the Emergency Relief Committee (“ERC”), Amicus Curie herein, for the transportation from Dover, Delaware to California and interment of the unclaimed bodies of those individuals who died at Jonestown, Guyana, on November 18, 1978, (the “bodies”) was heard by the Court.

All parties to this proceeding were given notice and an opportunity to be heard. Benjamin Dreyfus appeared for Petitioner, Peoples Temple of the Disciples of Christ, a California nonprofit corporation (“Peoples Temple”), Yeoryios C. Apallas appeared for Respondent, Attorney General for the State of California, John Eshleman Wahl and George Cabaniss appeared for ERC, Miles A. Cobb appeared for Robert H. Fabian, the Receiver (“Receiver”), who was also present, and Alan J. Cilman, Craig Needman, Michael Berger, Maja Hanks, Robert Tarver, Kenneth Ackerman, Ken Davidson, and William Kaufmann appeared for the various claimants. James G. Bruen, Jr., representing the United States Department of Justice, and Carmen A. DePlacido representing the United States Department of State, appeared specially for the limited purposes of this hearing.

The Court heard presentations by each counsel present at the hearing. Thereafter, all counsel agreed and stipulated in open Court that the matter be submitted to and decided by the Court on the basis of the arguments and representations made at the hearing.

Upon consideration of the Plan and matters brought to the attention of the Court at the hearing, upon finding that the following order is consistent with the charitable purposes of Peoples Temple, and GOOD CAUSE APPEARING THEREFORE:

IT IS HEREBY ORDERED, ADJUDGED AND DECREED as follows:

1. Receiver is ordered and authorized to accept the bid of Larmore Moving Systems, dated February 12, 1979, to transport the bodies from Dover Air Force Base, Dover, Delaware to several points in California, and to pay from the assets of Peoples Temple the total cost not to exceed $55,440.

2. Receiver is ordered and authorized to pay from assets of Peoples Temple the cost of burying the bodies which the United States Government has been unable to identify together with those bodies which have been identified but which the next-of-kin have authorized the United States Government to dispose of, two bodies to each grave, at either Skylawn Memorial Park, San Mateo, California, at a price of $560.70 for two bodies in each double depth interment, or at Daphne Fernwood Cemetery, Mill Valley, California, at a price of $495.00 for two bodies in each double depth interment, or any other cemetery in the San Francisco Bay Area which is willing to bury some or all of the bodies at a comparable price.

3. Receiver, in consultation with ERC, is hereby ordered and authorized to coordinate the arrival of the bodies in California, including the transportation of the bodies described in paragraph 2 above to the cemetery or cemeteries selected by Receiver, up to 50 identified bodies to be shipped to destinations in Los Angeles, California, selected by next-of-kin, up to 50 identified bodies to be shipped to destinations in Ukiah, California, selected by next-of-kin, and the remaining identified bodies to be shipped to the Oakland Army Base as hereinafter provided. The bodies are not to be transported cross-country by caravan.

4. Receiver is ordered and authorized, subject to approval by the United States Army, to have those identified bodies which are not transported to Los Angeles or Ukiah, transported to the Oakland Army Base, Oakland, California, to be held there for a period of thirty (30) days (or such longer period as Receiver deems necessary) for purposes of removal by next-of-kin, and to reimburse each relative claims and removes a body from the Oakland Army Base a sum of $540 or the actual cost of burial, whichever is less; provided, that Receiver obtains from each relative who removes an identified body and claims reimbursement therefore a statement under penalty of perjury that such relative is unable to and does not have the assets or resources necessary to pay for the burial of their deceased relative; and provided, further, that such next-of-kin shall agree with Receiver and (a) grant to Receiver a lien and first claim on any cause of action which such relative may have against Peoples Temple for recovery of amounts paid by Receiver to such relatives for burial of a body or bodies, and (b) assign to Receiver any claim which such relative may have against the Social Security Administration or the Veterans Administration for the cost of burial of a body or bodies.

5. Receiver is hereby granted a lien and first claim on and against all assets of former members of Peoples Temple whose bodies are transported and buried in the amount equal to the assets of Peoples Temple expended by Receiver pursuant hereto.

6. Receiver is ordered and authorized, to cause the removal from the Oakland Army Base of all identified bodies which are not claimed by relatives within the time prescribed in paragraph 4 above after such bodies arrive at the Oakland Army Base and treat such bodies as unidentified in accordance with the provisions of paragraph 2 above.

7. Receiver is not authorized to expend assets of Peoples Temple for the cost of any funeral services. ERC may arrange appropriate services after the bodies are buried, without cost to this receivership.

8. If any relative of a deceased person whose body is remaining at Dover Air Force Base desires for the body to be cremated, and such cremation is performed in the State of Delaware, Receiver is authorized and empowered to expend assets of Peoples Temple up to the amount of $540 for each body, or the actual cost of cremation, whichever is less, subject to receipt from the next-of-kin of a perjury statement and agreement referred to in paragraph 4 above, for the purpose of performing such cremation, and Receiver is authorized and directed to thereafter expend assets of Peoples Temple for the cost of transporting the ashes of such bodies to California and delivery to next-of-kin.

9. Receiver is not authorized to reimburse any person for the cost of transporting and burying bodies of persons who died in Jonestown, Guyana on November 18, 1978 who has already incurred the expense of so doing, without prejudice to those persons claiming reimbursement for those costs as general claims against the Peoples Temple.

10. This Order, and each provision hereof, is expressly conditioned upon Receiver obtaining an agreement with the United States of America, on such terms and conditions as are satisfactory to Receiver, pursuant to which the United States will waive any claim to priority with respect to expenditures made by Receiver from assets of Peoples Temple for the purpose of carrying out this order, and a further agreement by the United States that it will not assert against Receiver any personal liability for making such expenditures.

11. Receiver is ordered and authorized to pay from assets of Peoples Temple additional sums aggregating not more than $20,000 for costs not expressly provided for herein but necessary or desirable to accomplish the purpose of this order.

Done in Open Court the 29th day of March, 1979, and signed this [handwritten date] 4th day of April, 1979.

[stamped] IRA A. BROWN, JR.
IRA A. BROWN, Judge of the Superior Court

Originally posted on May 27th, 2013.

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