TO CAROLYN LAYTON
Law Office Report #55 November 11, 1978 page 1 from June
1. P.T. v. Stoen Lawsuit:
Last Tuesday, 11/7, we had the hearing in court on Stoen’s objection to Garry’s request for deposition for Stoen’s bank records; we lost. The case was heard by a Commissioner, not a judge (?), and the case was taken under submission after Pesonen (appearing in Garry’s place, while Garry was in a case in Santa Rosa) and Hallinan presented their arguments. Later in the day the judgment came out, that because we did not allege misuse of money in our original complaint filed against Stoen, Stoen’s motion objecting to the requestion for bank records was upheld. The only thing to do would be for us to amend the complaint. But he does not want to do that until he has heard the injunction ruling, which still has not come down yet. Further, the judgment in the motion on the deposition question did not grant Stoen costs as he had asked.
2. Medlock v. P.T.:
Charles informed us that we lost the writ of mandate petititon on the question of change of venue in the Medlock case.
3. Today’s phone conversation with Garry re his upset over Mark Lane writing letter and contacting Leo Ryan: We are sending you tape of conversation which in essencecaptures his complete frustration at our consulting with Lane. He has laid down the line, refuses to work with Lane, and refuses to work with us if we continue to consult with Lane on legal matters, wants no more talk of conspiracy, is more concerned with his own saving face in court with fellow attorneys who are shocked at his representing the “childsnatcheres” than with the health of his client. Personally, I think we would profit more from sticking with Lane since he does more in one day that we try to get from Charles in a year; however, we all here are very much aware (Leona, Jean, Sandy, Clancy, I that I know of) that if we drop Charles, the backlash will be disastrous. He connections with the third world press, and the radical/left attorneys cannot be ignored; and we all agree that he will try to safe face by explaining his way out and putting us down, sooner or later. Leona figures that he will choose the route of saying he always had great faith in Keith but there was a lack of communication between the rest of us and him and we never followed his directions. However, we have not won any of the motions in any of our cases with Charles’ firm, no matter whether it is he or another attorney in court. It’s true that Lane’s reputation is that of a over-reacti[ng] alarmist in conspiracy theory, and he’s in the headlines tonight as Carl Stokes has announced no further testimony will be taken of Earl Ray, primarily because the committee resents the constant interruptions of Ray’s counsel, Lane. But the conspiracy is true; and the people in the streets who remember King, etc. relate to it. However, the people in power in the legal areas of leftish views, i.e., the Chicago 7 attorneys, etc. are prone to look down their noses at him. Lane is too busy to take our lawsuits and he can’t practice in California anyway, so if we dropped Charles, we would have to get another attorney, and I think we would have to get one referred to us by Lane and not go cold into trying to find another one who might also resent Lane. It would have to be someone whowould accept working with Lane, because Lane is xopen to working with [someone], as opposed to stubborn Charles. Also of course, Charles knows too much but he has always prided himself on attorney/client confidentiality, brags about it to a point of idolatry – I don’t’ think he would get to the point of selling info to Stoen, etc. But then how much does Fech know? And how much does Pat know? Pat knows everything Charles does. If there were only some way we could get Lane and Charles together in some kind of negotiating session – it would have been nice if we could have done that at the beginning, because now anything we do with Lane is surrupticious as far as Charles in concerned…
4. We have a property in LA which used to be Annette Jones place, but which was signed over to P.T. and recorded in the names of Carolyn Layton and Michal Cartmell. The place is rundown and has county citations against it for overgrown weeds, and back taxes, and was sold to the state in 1976 for nonpayment of taxes. Current property taxes for 1978 are $177.18.
Mac suggested the following: Have Carolyn sign a deed signing over her interest to Cartmell. Record it. Thereafter the property will belong to Cartmell. Considering the fact that it is rundown and has a heavy load of property tax – and difficult to sell – might be a good thing to get rid of by dumping it on him. There would probably be an eventual profit in clearing the land and selling the lot; but we are blocked in because we can’t get a deed signed by Cartmell at this point and we cant sell lot with just Carolyn’s signature on deed s0 it might be worth the loss just to dump it on Cartmell.
a. should we do it? _______
5. Pets Unlimited – They owe us $36,000 on Note which they still have not paid anything on and only paid one year’s interest. Directions came from overseas to offer $31,500; they accepted it but hedged again and said they couldn’t raise the money and would have to present it to the Board of Directors to try to raise enough to pay the interest. The time limit for contact with the Board which Mac gave them won’t be up til next week. As I understand it Chaikin wanted to foreclose but the final decision was no because of the negative p.r. I don’t think we should foreclose either but don’t know how to press them into paying. Any more suggestions?
6. Frank Garcia – message came over radio for him to transfer his probation. I assume you meant to San Francisco? Or do you mean direct oo Guyana? Reading the law office report on which I asked, I think you mean to San Francisco, where he would work with Archie. Yes?
7. Sale of Redwood Valley Parsonage/Church: the deal fell through. The day escrow was to close, the bank cancelled the loan, on the rationale that they will not finance businesses, only home loans, because of recession/Carter warnings, etc. So at this point there is no sale going down. This happened last week; as we had no word from McElvane at all about it and I had to call him on it tonight to get a report. We got bits and pieces from Claire, and Bonnie came tonight for Council of Churches dinner and had more info. Mac said that he talked to realtor Haycock, who says someone else is interested. In the meantime, the people with the deal that fell through – they are very wealthy, and one guy runs quite a bit of money though his checking account, and Bank of America was thinking about transferring his account there to finance the loan, but Mac was dubious at this, thinks its just picking at straws, and didnt want to venture any hopes. Mac was his usual vague self and said he’s coming up Sunday night and will stay over Monday, but when I asked him what for, he said just to take care of somethings and would not elaborate. Claire told Bonnie that Mac was coming up to the Valey Tuesday. But he didn’t tell me that and I fished a bit, saying that maybe he would have to come up himself to settle the RWV church deal and all he said was he would be in SF Sunday night.
8. Tell Jann Gurvich for me that Garry’s office is asking for Emma Jurado’s settlement papers to be returned; apparently they mailed them over to her, and I do have a report from Jann from when I went overseas, that the papers were to get signed and be mailed from Georgetown. Jann should look into this because may be the papers will have to be resent from here.
9. Air Compressor Lawsuit – Interrogatories were served on us by mail – I dont have any record in law office reports of having sent to the to you but I assume they were since a radio question last week to me was had the Interrogatories been answered yet. I don’t have copy of our Answers available to attach to this report, but the gist of them was that the people who dealt with Redwood Empire Realty in preparing the lease of the garage was Harold Cordell, xxxxxxxxxxxxxxpeople who dealt with Snyder after the lease was assigned by Redwood Empire to Snyder were Irvine Perkins and Harold; people who had firsthand info in preparation of lease were Harold, Richard Janaro and real estate agent of Redwood Empire; yes we did deny Snyder’s right to possession; we bought the compressor from Redwood Auto in 1973, dont know how much it cost us, and our records for it are overseas. These answers were put together after quetions sent via radio to Richard/Eva/Harold/Jack Beam, and talks with Irvin. The next thing that came up in the lawsuit was a notice of deposition of Irvin Perkins, and the date for it is scheduled for December 11, in Ukiah. Irvin’s knowledge of case centers on the time that we worked in the garage during the lease period, after the complex had been sold and we were leasing the place for six months for free, and then on a month to month tenancy arrangement with Snyder for about 3 more months.
The issue of proof of ownership still remains; we have no receipt here and Redwood Auto has none either, and the original manufacturer of the compressor, Napa, computerized their records and has nox 1973 record. The records were shipped over to Guyana in duffel bags back when Tom and I were cleaning out Tish’s records here, and wherever they ended up, I suppose a thorough search would find the bill of sale or money order or xxxxxxx invoice for the air compressor for 1973. But I want to ask Bentzman again if proof of owenrship is absolutely required before asking someone over there to make a search – because at the beginning of this suit he said the proof of ownership was no the issue; the issue concerned what remained on the property after the office complex was sold and what was the agreement in the lease. We bought the compressor years before the sale of the complex.
10. Truth Enterprises – Tish asked that a call be made to the Board of Equalizatin and explain that the records were overseas. The same week The Board called the ranch and taleked to Bonnie and said they were going to audit the records of Truth. Tim Clancy called the Board back and explained that the records and the bookeeper were out of the country in South America. The guy he talked to did not give a definite answer but did say that considering that such a small sum was involved and the only question they had about the records was the business clients xxxreimbursed for the error in tax, that since the records were not in the country, the matter would most likely be dropped. Nothing final though, yet.
We assume that in filing the quarterly reports now we file a form saying no business, no profit, expense, etc. We plan to do that until we get any specific directions from overseas about how to proceed – whether to cancel the xuse tax permit altogether. How to do it. What to do about the corporation – dissolve, lapse, what????
We have a use tax permit for Peoples Temple, and Tish’s directions have always been just to file the quarterly reports and say no business, zero, but keep thepermit. xxDoes this strategy equally apply to the Truth use permit, or can we take steps to cancel it?
11. Message to Jann Gurvich: I am still waiting for Eddie Washington’s deed; got the rest of the escrow papers but no deed, which I understand was sent on to GT for notary, etc. and they were to mail it direct. Would you check on this again, please. Also, still waiting for Ruby Johnson’s medical releases, have not sent in interrogatory answers and am still waiting. Tell Dick Tropp that the bill was paid on the movies because we do deal with them still on a regular basis.