500 1       IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 2               IN AND FOR THE COUNTY OF SAN DIEGO 3         DEPARTMENT 25; HON. RICHARD S. WHITNEY, JUDGE 4 5  LOREN LATKER,                   )                                    ) 6                     PLAINTIFF,   )                                    ) 7               VS.                ) CASE NO. 37-2010-00087187                                    )          CU-PT-CTL 8  CYPRESS VIEW MAUSOLEUM,         )                                    ) 9                     DEFENDANTS.  )    ________________________________)1011                     REPORTER'S TRANSCRIPT12                 WEDNESDAY, SEPTEMBER 8, 20101314  APPEARANCES:15    FOR THE PLAINTIFF:     AISSA WAYNE, ESQ.1617  FOR THE DEFENDANTS:    MICHAEL KOESTER - TELEPHONIC FROM                           CYPRESS VIEW181920                  DARLA KMETY, RPR, CSR 12956                      OFFICIAL COURT REPORTER21                   SAN DIEGO SUPERIOR COURT                   SAN DIEGO, CALIFORNIA  9210122232425262728                                                            1 1      WEDNESDAY, SEPTEMBER 8, 2010; SAN DIEGO, CALIFORNIA 2         DEPARTMENT 25; HON. RICHARD S. WHITNEY, JUDGE 3                           3:21 P.M. 4                           -- O0O -- 5 6            THE BAILIFF:  ITEM 15.  LOREN LATKER VERSUS 7  CYPRESS VIEW. 8            THE COURT:  GOOD AFTERNOON.  WE ARE ON THE 9  RECORD WITH THE MATTER OF LOREN LATKER AND CYPRESS VIEW10  MAUSOLEUM, HEIRS, AGENTS, AND ALL PERSONS THAT MIGHT11  OTHERWISE BE INTERESTED.  THIS IS CASE NUMBER12  37-2010-00087187.  THIS IS A NOTICE OF PETITION, PETITION13  FOR CONSENT TO DISINTER THE CREMAINS OF PEARL EUGENIA14  CHANDLER FROM STORAGE AT CYPRESS VIEW MAUSOLEUM AND15  CONSENT TO REINTER CREMAINS AT MOUNT HOPE CEMETERY WHERE16  HER HUSBAND MR. RAYMOND CHANDLER IS BURIED.17            CAN I HAVE APPEARANCES FOR THE RECORD, PLEASE?18            MS. WAYNE:  AISSA WAYNE FOR THE PETITIONER, WHO19  IS PRESENT IN COURT.20            THE COURT:  MS. WAYNE, GOOD AFTERNOON.21            MS. WAYNE:  GOOD AFTERNOON, YOUR HONOR.22            THE COURT:  WHO ELSE DO WE HAVE PRESENT?23            MS. WAYNE:  THIS IS LOREN LATKER, MY CLIENT,24  PETITIONER.25            THE COURT:  MR. LATKER, GOOD AFTERNOON.  I ALSO26  HAVE A WITNESS WHO IS A FAN OF RAYMOND CHANDLER AND A27  READER AND HERSELF AN AUTHOR OF 11 BOOKS.  YOUR NAME,28  MA'AM?                                                            2 1            MS. THEIL:  DR. ANNIE THEIL. 2            THE COURT:  ALL RIGHT.  AND IS THERE ANYONE ELSE 3  THAT IS GOING TO BE TESTIFYING OR MAKING COMMENTS OR JUST 4  OBSERVERS IN THE BACK? 5            MS. WAYNE:  WE JUST HAVE OBSERVERS.  YOUR HONOR, 6  I HAVE THE MAUSOLEUM IS GOING TO BE ON STANDBY, IF THE 7  COURT NEEDS TO ASK THEM QUESTIONS.  AT A CERTAIN PHONE 8  NUMBER, THE DIRECTOR OF THE MAUSOLEUM. 9            THE COURT:  IT'S PROBABLY NOT NECESSARY, BUT10  IT'S GOOD TO HAVE JUST IN CASE.11            LET ME GIVE YOU MY TENTATIVE.  LET ME READ YOU12  THE TENTATIVE.  IT'S NOT TOO LONG, AND THEN I'LL ALLOW YOU13  TO GO AHEAD AND ARGUE THIS.  THIS IS OBVIOUSLY AN UNUSUAL14  CASE.  I HAVE READ EVERYTHING WITH GREAT INTEREST.15  CERTAINLY I KNOW OF MR. CHANDLER AND HIS WORK.  THIS WAS A16  NICE KIND OF EXHIBIT DIARY -- DID YOU PUT THIS TOGETHER?17            MS. WAYNE:  MY CLIENT PUT IT TOGETHER.18            THE COURT:  NICE JOB.  IT DID REFRESH MY MEMORY19  AS TO THE WEALTH OF HIS WORK BOTH BOOK PRINT AND HOLLYWOOD20  SCREENWRITING.  HE WAS A VERY TALENTED GENTLEMAN.21            IN THE PETITION THE PARTY SEEKS RELIEF.  OF22  COURSE, MR. LATKER NO RELATION, MY UNDERSTANDING, AT ALL23  TO THE CHANDLERS OR THE PARTIES TO BE POTENTIALLY -- OR24  THE PARTY TO BE DISINTERRED, PEARL EUGENIA CHANDLER.  IT'S25  MY UNDERSTANDING YOU'RE AN AUTHOR AND PROFESSOR AT26  CALIFORNIA STATE UNIVERSITY NORTHRIDGE.  YOU'RE SEEKING27  THIS RELIEF TO HONOR THE REQUEST OF THE DECEASED AUTHOR28  RAYMOND CHANDLER FOR WHOM HE HAS CREATED -- YOU'VE GOT A                                                            3 1  WEBSITE THAT DOCUMENTS, CHRONICLES, MR. CHANDLER'S LIFE 2  AND BODY OF WORK. 3            THE INSTANT PETITION ASSERTS THAT THE PERSON 4  DISINTERRED DIED WITHOUT A WILL, OR INTESTATE, AND WAS 5  CREMATED AND PLACED IN HER FINAL RESTING PLACE AT CYPRESS 6  VIEW CREMATORY BY HER THEN LIVING HUSBAND RAYMOND.  WHEN 7  RAYMOND DIED, HE HAD NO LIVING FAMILY NEARBY, SO HE WAS 8  BURIED, AT THE PUBLIC'S EXPENSE, AT MOUNT HOPE CEMETERY. 9            PETITIONER ASSERTS AS THE BASIS FOR SHOWING10  MR. CHANDLER'S WISHES, A PAGE FROM A BIOGRAPHY, WHEREIN11  THAT AUTHOR ASSERTS THAT MR. CHANDLER WAS NOT BURIED NEXT12  TO HIS WIFE AS HE HAD WISHED TO BE.13            THIS PETITION SEEKS TO HAVE PEARL CHANDLER14  DISINTERRED AND HAVE HER URN BURIED UNDER THE GRAVE MARKER15  FOR MR. RAYMOND CHANDLER.16            THERE WAS NO OPPOSITION FILED, AND IT WAS NOT17  SERVED ON ANYONE EXCEPT FOR THE CYPRESS VIEW FACILITY, AS18  I UNDERSTAND IT.19            THE INSTANT REQUEST, THE COURT'S TENTATIVE20  OPINION -- AGAIN, THIS IS TENTATIVE.  AND TO BE HONEST21  WITH YOU, I AM STRUGGLING WITH THE RULING ON THIS CASE --22  TENTATIVELY WOULD BE TO DENY THE REQUEST BECAUSE23  PETITIONING PARTY FAILED TO ESTABLISH THAT HE HAS STANDING24  UNDER CALIFORNIA LAW TO SEEK SUCH A REQUEST.25            SUCH A REQUEST USUALLY IS MADE BY A RELATIVE26  UNDER CALIFORNIA HEALTH AND SAFETY CODE SECTION 752527  PROVIDING THAT THE REMAINS OF A DECEASED PERSON MAY BE28  REMOVED FROM A PLOT AT A CEMETERY WITH THE CONSENT OF THE                                                            4 1  CEMETERY AUTHORITY AND THE WRITTEN CONSENT OF ONE OF THE 2  FOLLOWING IN THE ORDER NAMED:  A, SURVIVING SPOUSE; B, 3  SURVIVING CHILDREN; C, SURVIVING PARENTS; D, SURVIVING 4  BROTHERS OR SISTERS. 5            IF CONSENT CANNOT BE OBTAINED, THEN AUTHORITY 6  CAN COME FROM THE COURT VIA CALIFORNIA HEALTH AND SAFETY 7  CODE SECTION 7516.  THE REQUIRED CONSENT CANNOT BE 8  OBTAINED PERMISSION BY THE SUPERIOR COURT OF THE COUNTY, 9  WHICH IS OF COURSE THIS COURTROOM, WHEN A CEMETERY10  SITUATED IS SUFFICIENT.11            CLEARLY, I HAVE DISCRETION AND AUTHORITY AND12  JURISDICTION TO GRANT OR DENY THIS RELIEF REQUESTED.  IN13  THIS CASE, WE NOT ONLY DON'T HAVE A RELATIVE SEEKING THE14  INSTANT RELIEF, WE HAVE SOMEONE WHO HAS NO INTEREST OTHER15  THAN I THINK A DEEP PROFESSIONAL INTEREST.  I DON'T MEAN16  THAT WITH DISRESPECT AS YOU OBVIOUSLY HAVE GREAT PERSONAL17  INTEREST AND PROFESSIONAL INTEREST IN THE MATTER, BUT NO18  FAMILIAL INTEREST.19            AND THE ACTIONS, INSTEAD OF SEEKING TO DISINTER20  THE REMAINS OF RAYMOND CHANDLER TO HAVE HIM BURIED NEXT TO21  HIS WIFE, IS TO DO THE REVERSE TO HAVE THE WIFE BE BURIED22  NEXT TO THE HUSBAND.23            IT'S MY UNDERSTANDING MR. CHANDLER IS A MOUNT24  HOPE CEMETERY.  I GOT THE BACKGROUND, WHICH WAS QUITE25  INTERESTING, EVEN THOUGH HE WAS A MAN WITH FINANCIAL MEANS26  AND OBVIOUSLY GREAT NOTORIETY, APPARENTLY HE MADE NO27  PROVISIONS FOR HIS OWN BURIAL.  SO IT'S KIND OF28  INTERESTING.  I DON'T QUITE UNDERSTAND HOW IT CAME ABOUT.                                                            5 1  IT'S ONE OF THE QUESTIONS I WILL HAVE. 2            HE HAD $60,000 IN HIS ESTATE, AND HE DIED IN 3  1959, WHICH IS A FAIR AMOUNT OF MONEY I GUESS IN 1959. 4  STILL, I'M CURIOUS AS TO HOW THE CITY GOT INVOLVED WITH 5  SOMEONE OF HIS PROFESSIONAL FAME BOTH IN LOS ANGELES 6  COUNTY AND THE FILM INDUSTRY OF HOLLYWOOD AND SAN DIEGO 7  COUNTY HOW THE PUBLIC ADMINISTRATOR GOT INVOLVED.  MAYBE 8  THAT CAN BE ANSWERED. 9            BUT THE COURT FELT THE INSTANT REQUEST WAS NOT10  MERITORIOUS.  THERE WAS NO BASIS UPON FOR WHICH THE COURT11  SHOULD DISINTER THE DECEDENT, PEARL CHANDLER, AND MOVE HER12  NEAR HER HUSBAND.  THE TENTATIVE WAS TO DENY IT.13            I GUESS AS I READ THROUGH ALL THIS INFORMATION,14  I WENT THROUGH HIS BODY OF WORK -- MUCH OF WHICH I'M15  FAMILIAR WITH -- I'VE READ SOME OF THE BOOKS.  I'VE16  CERTAINLY SEEN A LOT OF THE MOTION PICTURES THAT WERE17  AUTHORED THROUGH HIM.  SENSE IS SILENT AS TO THE INTENT,18  AND I GUESS IT SOUNDS LIKE HE HAD SOME MENTAL ISSUES19  TOWARDS THE END OF HIS LIFE, MAYBE THAT WAS ONE OF THE20  REASONS.21            I GUESS THE NEXT QUESTION, MS. WAYNE, IF YOU'RE22  MAKING NOTES ON WHAT TO ANSWER FOR THE COURT WOULD BE, YOU23  KNOW, WHY DIDN'T HE MAKE PROVISIONS FOR THE INTERIM WHILE24  HE WAS ALIVE?  WAS IT HIS PSYCHIATRIC ABSENCE AND HE WAS25  FORGETFUL?26            IN OTHER WORDS, WHO AM I TO QUESTION THE SILENCE27  OF A MAN WHO OBVIOUSLY SPENT HIS ENTIRE LIFE PUTTING VERY28  BRILLIANT WORDS TO PAPER.  THAT'S WHAT I'M LEFT WITH AS IT                                                            6 1  ALL BOILS DOWN.  THIS IS A MAN THAT ESPECIALLY IN HIS 2  PHILIP MARLOWE, THE FAMOUS DETECTIVE PLAYED BY MANY ACTORS 3  IN HOLLYWOOD, BOTH IN COMEDIC ROLES AND SERIOUS ROLES, 4  IT'S JUST A GREAT CHARACTER.  ALMOST EVERY TIME YOU TURN 5  ON THE TELEVISION, YOU SEE SOMEONE PLAYING IT. 6            THAT WAS A ROLE ALMOST LIKE A SHERLOCK HOLMES 7  ROLE THAT EVERYTHING THAT HE SAW AND DID AND OBSERVED WAS 8  WELL SCRIPTED AND VERBALIZED.  IT'S INTERESTING THAT HE 9  LEFT THIS OUT.  SO IT ALMOST MAKES ME THINK MAYBE HE LEFT10  IT OUT ON PURPOSE OR FORGETFUL OR HAD A PSYCHIATRIC ISSUE.11  I DON'T KNOW THE ANSWER TO THAT.  SO ANYWAY THAT BEING12  SAID, LET ME HEAR FROM MS. WAYNE.13            MS. WAYNE:  YES, YOUR HONOR.  I ANTICIPATED BOTH14  OF YOUR QUESTIONS BECAUSE I, AS WELL, HAD THOSE QUESTIONS15  IN MY MIND AS I WAS FILING THIS CASE.16            NOW, WHAT I HAVE LEARNED SINCE THE FILING OF17  THIS CASE IS THAT WITH RESPECT TO STANDING AND WITH18  RESPECT TO RAYMOND CHANDLER AND HIS WIFE, CISSY, SOMETHING19  VERY INTERESTING ALL OF A SUDDEN OCCURRED TO ME.  RAYMOND20  CHANDLER -- THERE'S NO QUESTION THAT HE WANTED TO BE21  BURIED -- DO YOU FEEL THAT WE HAVE MET THE THRESHOLD THAT22  SAYS THAT MOST OF THE BIOGRAPHERS BELIEVED THAT THEY WERE23  EITHER BURIED TOGETHER OR AT LEAST WANTED TO BE BURIED24  TOGETHER?  I CAN POINT YOU TO THOSE REFERENCES.25            THE COURT:  I DID READ THE REFERENCES AND26  CERTAINLY, ALTHOUGH THEY'RE HEARSAY, THEY DO SUPPORT THAT27  THERE WAS AT LEAST SOME INTENT OF MR. CHANDLER TO BE28  BURIED WITH HIS WIFE.  SO I GUESS TENTATIVELY I WOULD                                                            7 1  AGREE WITH YOU ON THAT.  THAT'S NOT -- I DON'T KNOW IF 2  THAT'S AS MUCH OF A CONCERN AS MAYBE HE CHANGED HIS MIND, 3  OR I DON'T KNOW.  YOU JUST DON'T KNOW WHY, AGAIN, HE -- I 4  HAVEN'T SEEN THE TRUST; I HAVEN'T SEEN THE WILL.  THERE 5  WAS A WILL IT JUST DIDN'T PROVIDE FOR THE BURIAL.  I DON'T 6  KNOW HOW DETAILED THE WILL WAS OR HOW COMPETENT THE 7  ATTORNEY WAS THAT DRAFTED THE WILL. 8            BUT, AGAIN, A MAN THAT SPENT HIS ENTIRE LIFE 9  WITH BRILLIANT WORDS, WHY WOULD HE LEAVE OUT A VERY10  SIGNIFICANT ISSUE OR HAVE HIS ATTORNEY LEAVE IT OUT?11            MS. WAYNE:  IT WAS ASSUMED THEY WOULD BE BURIED12  TOGETHER.  THIS IS THE WORD HE EXPRESSED AND HIS WIFE13  EXPRESSED DURING HIS LIFETIME.  BUT EVEN BEYOND THAT, WHAT14  IS VERY INTERESTING ABOUT THIS CASE IS THAT RAYMOND AND15  CISSY CHANDLER HAD SO MUCH ATTENTION DURING THEIR LIVES16  AND WHAT IS INTERESTING IN THEIR DEATH, THE ONLY PEOPLE17  THAT CARED FOR THEM ARE THE CITY OF SAN DIEGO, BECAUSE THE18  CITY OF SAN DIEGO HAD THEM BURIED, AND THE PUBLIC.19            THE OTHER THING THAT TURNED MY MIND TOWARDS20  BELIEVING THAT WE HAVE A VALID CASE IS THE FACT THAT WHAT21  HAPPENED WITH CISSY IS THAT SHE WAS -- SHE DIED AND SHE22  WAS CREMATED AND WAS HELD, AND THE CREMATORY NOTIFIES23  WHOEVER LEAVES THEM THAT FOR HER TO BE INTERRED -- SHE'S24  NOT INTERRED YET -- FOR HER TO BE INTERRED, THE FAMILY25  MEMBER OR WHOEVER HAS ONE YEAR TO HAVE THEIR WISHES26  DIRECTED.  SO SHE'S REALLY IN A STATE OF LIMBO AND COULD27  HAVE BEEN THROWN OUT.  HER ASHES COULD HAVE BEEN THROWN28  OUT OR TAKEN TO THE CITY.                                                            8 1            THEN ON THE OTHER HAND, WE HAVE WHAT HAPPENED TO 2  RAYMOND CHANDLER.  HE WAS SO IN LOVE WITH HER THAT WITHIN 3  A YEAR FROM HER DEATH HE TRIED TO COMMIT SUICIDE.  AFTER 4  HE TRIED TO COMMIT SUICIDE, HE SURVIVED.  HE TRIED TO 5  SHOOT HIMSELF IN THE MOUTH, THEN HE WAS DESPONDENT AND 6  FELL INTO A SEVERE ALCOHOLIC STATE AND BASICALLY 7  DETERIORATED. 8            AND ONE OF THE BIOGRAPHIES, A VERY IMPORTANT 9  BIOGRAPHY, OF RAYMOND CHANDLER SAID THE IRONIC THING IS10  THAT EVERYBODY WHO IS PROFITING -- AND THEY WERE FIGHTING11  OVER THE $60,000 ESTATE, WITH ALL THIS GOING ON -- STILL12  THERE WAS NO -- THERE WERE NO INSTRUCTIONS FOR THE CITY.13  SO SAN DIEGO TOOK CARE OF HIM IN DEATH.  SAN DIEGO IS14  HOLDING HIS WIFE IN DEATH.  NOTHING -- THERE HAVE BEEN NO15  DISPOSITION WITH HER ASHES.16            SO MY POINT IS THAT WHEN THIS MAN WRITES ABOUT17  HIS WIFE:  SHE WAS THE BEAT OF MY HEART FOR 30 YEARS.  SHE18  WAS THE MUSIC HEARD FAINTLY ON THE EDGE OF SOUND.  FOR 3019  YEARS TEN MONTHS AND TWO DAYS, SHE WAS THE LIGHT OF MY20  LIFE.  MY WHOLE AMBITION.  ANYTHING ELSE I WAS WAS JUST21  THE FIRE FOR HER TO WARM HER HANDS UP.  THAT IS ALL THERE22  IS TO SAY.23            AND BASICALLY IT WAS RECOGNIZED THAT IN DEATH24  NOBODY PAID ATTENTION TO THEM EXCEPT FOR THE CITY AND FOR25  THE PUBLIC.  AND THAT I THINK IS COMPELLING FOR THE COURT26  BECAUSE REALLY BOTH PARTIES ARE IN THE JURISDICTION OF THE27  CITY.  AND I WOULD HAVE -- I WOULD HAVE AMENDED MY28  COMPLAINT BECAUSE MY COMPLAINT ASKED TO REINTER THE                                                            9 1  CREMAINS OF CISSY.  SHE WAS NEVER INTERRED, AND I HAVE THE 2  DIRECTOR OF THE CREMATORY AT A PHONE NUMBER WHERE WE COULD 3  REACH HIM, AND HE SAID THE PLACE WHERE SHE'S AT IS ONE 4  STEP UP FROM TRASH.  BUT IT'S JUST THEIR POLICY NOT TO 5  DISPOSE OF THE ASHES.  SO THEY JUST KEEP THEM IN A PLACE 6  THAT'S LOCKED UP AND, IN HIS WORDS, IT'S NO PLACE TO PAY 7  YOUR RESPECTS.  BEING THAT THE CITY OF SAN DIEGO -- 8            THE COURT:  CISSY, IS THAT A NICKNAME FOR PEARL? 9            MS. WAYNE:  YES.10            THE COURT:  I WANT TO MAKE SURE I HAVE THE EXACT11  SAME PERSON.12            MS. WAYNE:  CISSY IS PEARL.13            THE COURT:  SO BASICALLY SHE'S JUST IN A HOLDING14  PATTERN AT THE CREMATORIUM BECAUSE THEY DIDN'T KNOW WHAT15  TO DO WITH HER.16            MS. WAYNE:  EXACTLY, WHICH I THINK TURNS THIS17  CASE.  AND I'M SURE MY CLIENT WOULD PROBABLY HAVE18  SOMETHING TO ADD TO YOUR QUESTIONS.19            THE COURT:  OKAY.20            MS. WAYNE:  YOUR HONOR, I HAVE AN E PETITION21  ALSO THAT I'D LIKE TO TURN IN AS EXHIBIT 1, PETITIONER22  EXHIBIT 1.  IT'S AN E PETITION THAT STRETCHES FROM THE23  UNITED STATES UP THROUGH EUROPE AND NORWAY OF THE PUBLIC24  FANS THAT HAVE SIGNED THEIR NAMES YES TO THAT.  WE'VE25  TRIED TO GIVE NOTICE TO THE ENTIRE WORLD.  AND ALL THE26  RESPONSES THAT MY CLIENT HAS RECEIVED HAVE BEEN POSITIVE.27            THE COURT:  JUST OUT OF CURIOSITY, IS PART OF28  YOUR PRACTICE DEALING WITH ISSUES LIKE THIS, KIND OF WHERE                                                           10 1  A FORGOTTEN CELEBRITY THAT NO ONE IS LOOKING OUT FOR THEM 2  WHETHER IT'S DISINTERMENT OR OTHER ISSUES? 3            MS. WAYNE:  NO.  I'VE NEVER DONE THIS TYPE OF 4  CASE BEFORE.  I DO DEAL IN FAMILY LAW.  AND ACTUALLY BOTH 5  OF MY PARENTS WERE VERY AVID READERS, AND RAYMOND CHANDLER 6  WAS ALWAYS A PART OF OUR HOUSEHOLD.  I JUST THINK IT'S 7  INTERESTING THAT THE CITY OF SAN DIEGO HAS TAKEN CARE OF 8  RAYMOND CHANDLER AND CISSY CHANDLER IN THEIR DEATH. 9  NOBODY HAS -- NO HUMAN BEING HAS DIRECTED EITHER ONE OF10  THEM TO BE IN ANY CERTAIN PLACE.  SO WE ARE NOT DISTURBING11  ANY PLANS THAT HAVE PREVIOUSLY BEEN SET.12            THE COURT:  OKAY.  LET ME HEAR FROM MR. LATKER.13  WHAT WAS HIS -- HE TRIED TO COMMIT SUICIDE TOWARDS THE END14  OF HIS LIFE.  AND, YOU KNOW, HAVING GROWN UP IN LA JOLLA,15  MY DAD WAS A BIG FAN OF MR. CHANDLER, AND I REMEMBER16  HEARING A LOT OF STORIES HE DID DECLINE AND WHERE HE LIVED17  AND ALL OF THAT.  SO I KIND OF REMEMBER HEARING SOME OF IT18  AS A KID THAT IT WAS A SAD ENDING, WHICH IS NOT19  NECESSARILY UNCOMMON OF GREAT AUTHORS FOR SOME REASON,20  WHAT LITTLE I KNOW ABOUT ENGLISH.  IT DOES APPEAR TO BE AN21  UNFORTUNATE TREND IN THAT REGARD.  OBVIOUSLY, HE WAS --22  HERE'S A QUESTION FOR YOU.  SEEMS LIKE HE'S MORE FAMOUS23  NOW THAN HE WAS THEN?24            MR. LATKER:  HE WAS EXTREMELY POPULAR AND FAMOUS25  IN ENGLAND.  HE MORE SO THAN HE WAS HERE.  HE WAS ONE OF26  THE FOUNDERS OF THE TOUGH GUY OR HARD BOILED DETECTIVE27  GENRE OF AMERICAN DETECTIVE FICTION ALONG WITH DASHIELL28  HAMMETT.  AND BILLY WILDER SAID OF HIM THAT THE PLOTS                                                           11 1  WEREN'T ANY GREAT THING, BUT THE WAY HE WROTE THINGS, YOU 2  KNOW, JUST I THINK HE MADE OR WROTE THAT SOMEONE HAD THE 3  HAIR COMING OUT OF HIS EARS WAS LONG ENOUGH TO CATCH 4  MOTHS.  HE SAID NO ONE WRITES LIKE THAT.  THE WORDS JUST 5  JUMP OFF THE PAGE AT YOU.  HE WAS EXTREMELY UNIQUE IN THAT 6  WAY. 7            THE COURT:  SO IS IT YOUR UNDERSTANDING A LOT OF 8  HIS AFFAIRS WERE IN DISARRAY TOWARDS THE END OF HIS LIFE 9  BECAUSE OF HEALTH?10            MR. LATKER:  WHAT HAPPENED WAS CISSY TOOK A LONG11  TIME TO DIE, AND HE HAD ALWAYS BEEN AN ALCOHOLIC.  AND12  WHEN SHE DIED, HE FELL APART AND TRIED TO COMMIT SUICIDE.13  HE ALSO SOLD THE HOUSE THAT THEY LIVED IN AND MOVED INTO14  AN APARTMENT.  APPARENTLY IN MOVING, THE SECRETARY THREW15  OUT THINGS AND BOXED UP THINGS, SO WHEN HE DIED IN 1959,16  APPARENTLY NO ONE FOUND THE WILL.  HE DID HAVE A WILL, AND17  IN THE BOOK THAT YOU HAVE, THERE'S THE CODICIL, A18  HANDWRITTEN CODICIL, THAT WAS THE BASIS OF THE FIGHT19  BETWEEN HELGA GREEN AND JEAN FRACASSE, HIS SECRETARY AT20  THE TIME, OVER THE ESTATE.21            THE COURT:  WHO ENDED UP WITH THE ESTATE?22            MS. WAYNE:  HELGA GREEN.23            THE COURT:  HIS AGENT?24            MS. WAYNE:  HIS AGENT AND HIS HEIR.  THEY WERE25  PLANNING TO BE MARRIED.26            THE COURT:  IS THAT INDIVIDUAL STILL ALIVE OR27  NO?28            MR. LATKER:  NO.  THE ESTATE WENT TO ED VICTOR                                                           12 1  LIMITED IN THE UK, AND HER -- HELGA'S COUSIN WAS GRAHAM 2  GREEN, AND THE CURRENT -- THERE'S A CURRENT GRAHAM GREEN 3  ON THE BOARD OF ED VICTOR TODAY.  IT MUST BE A DISTANT 4  COUSIN OF HERS.  SO APPARENTLY WHEN SHE DIED, ALL OF THE 5  PAPERS SHE HAD WENT TO OXFORD TO THE BODLEIAN LIBRARY. 6            THE COURT:  FINANCIAL RESIDUAL IF ANY FROM 7  SCREENPLAYS ARE GOING THERE? 8            MR. LATKER:  EVERYTHING IS -- APPARENTLY, 9  THERE'S A PHILIP MARLOWE LIMITED IN THE BRITISH VIRGIN10  ISLANDS.  I'M NOT SURE WHO OWNS THAT, BUT I KNOW THAT ED11  VICTOR LIMITED IN ENGLISH AND LONDON REPRESENTS THE12  ESTATE.  AND CHORION IS THE COPYRIGHT HOLDER.  IF ANYONE13  WANTS TO USE ANY COPYRIGHTED MATERIAL, THEY HAVE TO GET14  PERMISSION FROM CHORION.15            THE COURT:  HAVE YOU CONTACTED THESE FOLKS?16            MR. LATKER:  YES.  THEY WERE NOTIFIED BY E-MAIL.17            THE COURT:  DID THEY HAVE ANY INPUT?18            MR. LATKER:  NO ONE SAID A THING.19            THE COURT:  THE ONLY INPUT YOU RECEIVED WAS FROM20  LOOKS LIKE A GREAT, GREAT NIECE OR SOMETHING LIKE THAT?21       A    YES.  THAT'S FROM THE GREAT, GREAT NIECE OF22  LAVINIA BROWN, WHO WAS CISSY'S SISTER.  AND SHE AND HER23  SON, THAT WOULD HAVE BEEN RAYMOND'S NEPHEW, CAME DOWN TO24  LA JOLLA WHEN SHE DIED, AND APPARENTLY, THEY PROBABLY ARE25  THE ONES THAT HAD HER CREMATED.  AND WHEN RAYMOND FELL26  APART, HE NEVER DID ANYTHING WITH THE URN.  SHE'S BEEN27  SITTING IN THE CLOSET FOR 56 YEARS.28            THE COURT:  HOW LONG WAS THE WILL PREPARED PRIOR                                                           13 1  TO MR. CHANDLER'S DEATH? 2            MR. LATKER:  THE HOLOGRAPHIC WILL WAS DONE 3  APPARENTLY FOUR MONTHS BEFORE HE DIED, AND IT WAS SENT TO 4  MICHAEL GILBERT IN LONDON.  APPARENTLY, THERE WERE A 5  NUMBER OF WILLS.  THERE WAS A LAWYER HERE IN LA JOLLA THAT 6  DID SOME OF THE EARLIER ONES. 7            THE COURT:  DO YOU REMEMBER HIS NAME? 8            MS. WAYNE:  IT'S IN THE VERY BEGINNING OF THIS 9  NOTEBOOK.  YOU CAN SEE PAGE 2 UNDER THE GREEN TAB, IT'S10  DONE BY --11            MR. LATKER:  THE LAST PAGE INDICATES THE12  LAWYER'S NAME.13            MS. WAYNE:  YOUR HONOR, I WOULD JUST LIKE TO14  COMMUNICATE TO YOU THAT MY CLIENT IS WILLING TO PAY FOR15  THE TRANSPORTATION.  WE FOUND OUT THAT IT WOULD BE $500 TO16  GET THE PERMIT FROM THE CITY.  THE CREMATORY IS WILLING TO17  GET THE PERMIT FROM THE CITY.  THERE'S NO FINANCIAL18  INTEREST IN THIS OTHER THAN TO JUST SATISFY A WISH AND TO19  FURTHER THE PUBLIC INTEREST IN RAYMOND CHANDLER.20            MR. LATKER:  LEROY WRIGHT WAS THE ATTORNEY THAT21  DREW UP THE FIRST WILLS.  THEN --22            THE COURT:  THE FIRST WILLS DIDN'T ADDRESS23  BURIAL PLANS FOR HIM OR HIS WIFE?24            MR. LATKER:  APPARENTLY, THE ASSUMPTION IS THAT25  THERE'S SOMETHING WRITTEN SOMEWHERE ABOUT THEIR WISHES26  THAT WENT TO THE BODLEIAN BECAUSE FRANK MACSHANE, IN HIS27  BIOGRAPHY, STATED THAT THEY WISHED TO BE TOGETHER.  AND28  MACSHANE HAD STARTED TEACHING AT BERKELEY, AND HE SET UP                                                           14 1  THE WRITING PROGRAM AT COLUMBIA.  HE WAS A WELL-RESPECTED 2  RESEARCHER AND BIOGRAPHER. 3            THE COURT:  LET ME ASK MS. WAYNE THIS:  HAVE YOU 4  DONE PROBATE MATTERS BEFORE? 5            MS. WAYNE:  YES, YOUR HONOR. 6            THE COURT:  I HAVE NOT LOOKED AT A LOT TO BE 7  HONEST WITH YOU.  I HAVEN'T DONE PROBATE -- I'VE TRIED A 8  COUPLE PROBATE CASES, BUT AS A RULE, I'M NOT A PROBATE 9  JUDGE BY ANY MEANS.  I HAVE NOT REVIEWED A LOT OF OLDER10  TESTAMENTARY DOCUMENTS.  I'M SURE YOU PROBABLY HAVE AS11  PART OF YOUR PRACTICE.  WILLS GENERATED IN THIS ERA, DID12  THEY TYPICALLY PROVIDE FOR BURIAL AND/OR CREMATION PLANS?13  I KNOW THEY DO TODAY.  THEY COVER EVERYTHING YOU CAN14  POSSIBLY IMAGINE.  I DON'T KNOW IF THAT DID IN THOSE DAYS,15  OR WAS IT JUST PRESUMED YOU WERE GOING TO BE BURIED IN THE16  THE LOCAL CEMETERY AND SO IT WAS SILENT.17            MS. WAYNE:  DO YOU KNOW THE ANSWER TO THAT18  QUESTION?19            MR. LATKER:  I DON'T KNOW.20            MS. WAYNE:  THROUGH THE WILLS, IT DOESN'T LOOK21  LIKE THAT WAS THE PRIMARY CONCERN WHERE TODAY WE HAVE22  HEALTH DIRECTIVES AND ALL KINDS OF THINGS.23            MR. LATKER:  THIS POSTSCRIPT TO A LETTER.24            THE COURT:  HOLD ON.  MA'AM, DO YOU HAVE A25  COMMENT?26            MS. THEIL:  YES.  I SPENT TIME IN THE BODLEIAN27  LIBRARY IN OXFORD THIS SUMMER LOOKING THROUGH THE PAPERS28  AND ARTIFACTS THEY HAVE THERE AND SPOKE TO SEVERAL OF THE                                                           15 1  TUTORS THERE.  THERE WAS NO COPY OF ANY WILL.  AND IN 2  PASSING, IN SPEAKING TO THEM, JUST AS YOU SAID, SIR, THEY 3  SAID IT WAS NOT SURPRISING.  THE BODLEIAN HOUSES, YOU 4  KNOW, MANY OF THE WRITERS.  THAT'S IS WHAT THE BODLEIAN 5  LIBRARY IS ABOUT.  THEY SAID THAT VERY OFTEN THERE WERE NO 6  WILLS AS TO BURIAL INSTRUCTIONS AMONG THE WRITERS.  SO I 7  THOUGHT I COULD ANSWER THAT OR BE HELPFUL. 8            THE COURT:  WAS THERE A REASON FOR THAT? 9            MS. THEIL:  IT JUST WAS NOT THAT IMPORTANT TO10  THEM.  WHAT THEY DID WHEN THEY WERE ALIVE WAS MORE11  IMPORTANT, I GUESS.12            THE COURT:  OKAY.  IT SEEMS LOGICAL.13            MS. WAYNE:  I PULLED UP WESTLAW UNDER THE WEST14  KEY NUMBER DIGEST TO GET AN IDEA ABOUT WHAT, YOU KNOW, A15  SUMMARY OF THE CASES.  AND BASICALLY THE CASE THAT DID16  ALLOW FOR A STRANGER, A NONFAMILY MEMBER, TO MOVE REMAINS17  WAS GRANTED.  WHERE THEY NEEDED TO REMOVE THE REMAINS18  BECAUSE OF A CONVENIENCE, SO THE COURT GRANTED IT.19            IT DOESN'T HAVE TO BE A COMPELLING REASON.  THE20  CASES SEEM TO GO TO WHAT THEY DON'T WANT TO DO IS THEY21  DON'T WANT TO DIG SOMEBODY UP WHO'S BEEN BURIED, AND THEY22  DON'T WANT TO UPSET ANY REMAINS.23            THE COURT:  SO HER REMAINS ARE -- MAYBE WE24  SHOULD PUT THE CREMATORIUM ON THE PHONE.  HER REMAINS ARE25  BASICALLY IN A TEMPORARY STORAGE AT THE CREMATORIUM.26  THEY'RE NOT EVEN -- BECAUSE WHEN I LOOKED AT THIS27  ORIGINALLY, MY THOUGHT WAS, I MEAN -- AND THE WAY MY28  RESEARCH ATTORNEY AND I ADDRESSED IT -- WAS I KNOW IT                                                           16 1  WASN'T A DISINTERMENT OF A CORPSE IN A CASKET BUT 2  DISINTERMENT OF ASHES, WHICH THE LAW HISTORICALLY, GOING 3  BACK TO COMMON LAW ENGLAND, UNLESS THERE ARE SPECIFIC 4  DIRECTIVES, REALLY DISFAVORS DOING FOR THE OBVIOUS 5  REASONS.  PEOPLE REST IN PEACE.  YOU DON'T DISTURB THE 6  DEAD. 7            BUT IT'S DIFFERENT I THINK IF SHE'S JUST SITTING 8  IN A TEMPORARY STORAGE THAT IS JUST BASICALLY WHERE THEY 9  KEEP THE LAWNMOWER AND THE PESTICIDES.  I DON'T MEAN TO10  SOUND CALLOUS, BUT IF THAT IS WHAT IS GOING ON AND JUST11  MOVING HER TO A LOCATION, THEN MAYBE SHE SHOULD BE NEXT TO12  HER HUSBAND.  IT CHANGES THINGS A LITTLE BIT.13            LET'S GET THE CREMATORIUM ON THE PHONE.  I WOULD14  LIKE TO, IN FACT, VERIFY THAT.  GO OFF THE RECORD.15            [OFF THE RECORD.]16            THE COURT:  BACK ON THE RECORD.  DO I HAVE17  SOMEONE ON THE LINE?  THIS IS JUDGE WHITNEY, SAN DIEGO18  SUPERIOR COURT, DEPARTMENT 25.  WE ARE ON THE RECORD IN19  SESSION.  WHAT IS YOUR NAME?20            THE WITNESS:  MICHAEL KOESTER, K-O-E-S-T-E-R.21            THE COURT:  THANK YOU, MR. KOESTER.22  BY THE COURT:23       Q    WHAT IS YOUR POSITION WITH THE CEMETERY?24       A    I'M THE GENERAL MANAGER.25       Q    OKAY.  WHAT CEMETERY?26       A    CYPRESS VIEW MAUSOLEUM.27       Q    IT'S MY UNDERSTANDING THAT YOUR CEMETERY HAS28  POSSESSION OF MRS. CHANDLER'S REMAINS, HER CREMATED                                                           17 1  REMAINS, CORRECT? 2       A    YES.  THAT IS CORRECT. 3       Q    HOW LONG HAVE YOU HAD POSSESSION OF THEM? 4       A    I BELIEVE 1954, I BELIEVE.  YES.  1954. 5       Q    OKAY.  AND HOW DID THE CEMETERY OBTAIN 6  POSSESSION OF THE REMAINS?  CAN YOU TELL ME THAT PROCESS? 7       A    TO BE HONEST WITH YOU, I KNOW WE CREMATED HER. 8  BUT THE PROCESS BACK IN THE 1950's, I REALLY CAN'T -- 9  I'M NOT REALLY TOO KNOWLEDGEABLE WITH THE PROCESSES BACK10  THEN, TO BE HONEST WITH YOU.  I'VE BEEN IN THIS INDUSTRY11  FOR ABOUT TEN YEARS.12       Q    OKAY.  YOU PROBABLY WEREN'T BORN, RIGHT?13       A    NO.  I WAS.14       Q    WHERE IS SHE CURRENTLY BEING STORED, HER15  REMAINS?16       A    WHERE?  I'M SORRY.  CAN YOU REPEAT THAT?17       Q    WHERE ARE HER REMAINS CURRENTLY BEING STORED?18       A    THEY'RE IN PERMANENT STORAGE IN THE NORTH19  BUILDING.  THERE'S TWO BUILDINGS AT THE MAUSOLEUM.  SHE'S20  IN THE NORTH BUILDING, THE FIRST BUILDING.  AND THAT'S21  WHERE SHE'S BEEN.  IT'S AN AREA THAT IS CLOSED TO THE22  PUBLIC.23       Q    OKAY.  WHY IS IT CLOSED TO THE PUBLIC?24       A    IT'S PERMANENT -- IT'S A STORAGE AREA.25       Q    SHE'S NOT REALLY INTERRED.  SHE'S JUST KIND OF26  IN A STORAGE FACILITY?27       A    IT'S A STORAGE FACILITY.28       Q    ARE THERE OTHER REMAINS IN THERE?                                                           18 1       A    YES. 2       Q    WHAT IS THE CLASSIFICATION AS TO WHY REMAINS GO 3  THERE AS OPPOSED TO INTERMENT ON SOME NICE WALL ADORNED 4  WITH BRASS FLOWERS, THAT TYPE OF THING? 5       A    I CAN TELL YOU TODAY, PEOPLE CREMATE THE -- 6  AFTER A CREMATION TAKES PLACE, THE CREMATED REMAINS GO 7  BACK TO THE FUNERAL HOME.  THE FUNERAL HOMES WILL HOLD 8  THEM UNTIL THE FAMILY DECIDES EITHER THEY'RE GOING TO TAKE 9  THEM HOME OR PLACED, YOU KNOW, WHAT ARE THEY GOING TO DO10  WITH THEM.  BUT THERE ARE SOME TIMES WHEN FAMILIES ABANDON11  THEM.  AND AFTER ONE YEAR, THE MORTUARY MAY LEGALLY12  DISPOSE OF THEM UP TO SCATTER AT SEA.  WE ACTUALLY DO NOT13  SCATTER AT SEA.  WE PLACE THEM BECAUSE WHO KNOWS MAYBE14  SOMEBODY DOWN THE ROAD WANTS THEM.15       Q    THEY'RE LOST AND NEGLECTED ASHES?16       A    CORRECT.17       Q    OKAY.  AND HER ASHES OR REMAINS ARE STORED IN AN18  URN OR A BOX?19       A    THEY'RE IN AN URN.20            THE COURT:  OKAY.  AND WHY -- WHILE I HAVE HIM21  ON THE LINE -- WHY WAS IT THAT -- DO WE KNOW WHY IT WAS22  NOBODY MADE ANY SPECIAL EFFORT TO TRY TO --23            MR. LATKER:  I THINK THAT HE WAS DRUNK SO OFTEN24  AND PUT IN SANITARIUMS TO DRY OUT, AND HE WENT TO ENGLAND25  AND BACK, HERE IT'S VERY POSSIBLE HE JUST FORGOT.26            THE COURT:  SO WHEN HE DIED, THEY JUST CLEANED27  OUT HIS EFFECTS AND THEY FOUND HER ASHES?28            MR. LATKER:  NO.  I THINK SHE WAS PROBABLY IN                                                           19 1  CYPRESS VIEW BEFORE HE DIED. 2  BY THE COURT: 3       Q    DOES IT SAY WHAT DATE SHE WAS ACTUALLY 4  ADMITTED -- WHEN THE ASHES WERE DELIVERED TO THE CEMETERY? 5       A    WELL, AT THAT TIME, THAT BUILDING WHERE SHE IS, 6  SHE'S ACTUALLY MAYBE 10 FEET AWAY FROM THE CREMATORY. 7       Q    OKAY. 8       A    ACTUAL PLACE, SAME AREA. 9            THE COURT:  DOES ANYBODY HAVE QUESTIONS?  I10  THINK I'M ALL DONE.11            MS. THEIL:  WOULD YOU ASK HIM IF THEY HAVE THE12  RIGHT TO THROW THE ASHES IN THE OCEAN IF THEY WANT TO?13  DID THEY HAVE THE DISCRETION -- WHY DID THEY KEEP THEM SO14  MANY YEARS?15            THE COURT:  THERE'S A QUESTION BEING ASKED.  WHY16  DID YOU -- DO YOU KNOW WHY THE CEMETERY KEPT THEM AS17  OPPOSED TO THROWING THEM IN THE OCEAN?18            MR. KOESTER:  THAT'S JUST NOT OUR PRACTICE.  WE19  DON'T HAVE TO PUT THEM IN THE OCEAN.  THAT'S -- WE CAN20  DISPOSE OF THEM IN THAT MANNER, BUT WE HAVE THE FACILITY21  TO STORE, SO WE PUT THEM IN PERMANENT STORAGE.22            THE COURT:  OKAY.  NOTHING ELSE?  I'M GOING TO23  LET HIM GO.  THANK YOU, SIR.  I'M GOING TO LET YOU GO.24            MR. KOESTER:  THANK YOU.25            THE COURT:  THANK YOU FOR YOUR TIME.26            MS. THEIL:  YOUR HONOR --27            MS. WAYNE:  JUST TO --28            MS. THEIL:  -- MAY I GIVE YOU TWO PHOTOS?                                                           20 1            THE COURT:  I'VE SEEN THEM SHOWING THE STORAGE 2  AREA. 3            MS. WAYNE:  ANOTHER POINT OF CLARIFICATION.  I 4  WOULD LIKE THE COURT TO KNOW THAT SINCE THERE WAS A FIGHT 5  IN COURT ABOUT THE ESTATE OF RAYMOND CHANDLER, BASICALLY 6  AT THE TIME OF HIS DEATH WITH HIS BODY, THERE WAS NO WILL 7  AND THERE WAS NO ADMINISTRATOR BECAUSE HIS WILL WAS BEING 8  CONTESTED.  SO IN THOSE CASES IN SAN DIEGO AT THE TIME, 9  THEN THE PUBLIC ADMINISTRATOR TAKES POSSESSION AND DOES10  WHATEVER THEY DO.  THEY HAD A CONTRACT WITH MOUNT HOPE.11  THANK YOU.12            THE COURT:  IT'S MY UNDERSTANDING, MR. LATKER,13  THAT YOU'RE WILLING TO PAY FOR THE REINTERMENT -- NOT14  REINTERMENT JUST MOVING FROM A STORAGE FACILITY --15            MR. LATKER:  TO BE INTERRED.16            THE COURT:  -- TO MR. CHANDLER'S GRAVE.  THEY17  HAVE TO HAVE A SPECIAL URN TO PUT THE ASHES IN, SO IT'S18  WEATHERPROOF, RIGHT?19            MR. LATKER:  WHEN I TALKED TO MOUNT HOPE, THEY20  WOULD JUST ESSENTIALLY DIG A HOLE UNDER HIS GRAVE MARKER,21  AND WE WOULD JUST PUT THE URN IN THERE.  BUT WE EITHER22  MODIFY THE GRAVE MARKER TO SHOW SHE'S THERE OR GET A NEW23  GRAVE MARKER.24            THE COURT:  YOU'D PAY FOR ALL OF THAT?25            MR. LATKER:  YES.26            THE COURT:  WELL, I THINK IT'S THE COURT'S27  FEELING THAT WHETHER IT WAS MR. CHANDLER'S INTENT OR28  NOT -- BECAUSE I JUST DON'T HAVE ANYTHING THAT SPEAKS TO                                                           21 1  THAT OTHER THAN MAYBE SOME COMMON SENSE THAT IT PROBABLY 2  WAS, BUT THERE'S JUST NOTHING TO MEMORIALIZE THAT 3  OPINION -- BUT CERTAINLY I'M NOT HAPPY -- AND I HAVE 4  DISCRETION OVER WHAT IS AN UNUSUAL REQUEST -- BUT I'M NOT 5  HAPPY WITH THE FACT THAT ANY PERSON WHETHER IT'S 6  MRS. CHANDLER OR ANYONE'S REMAINS ARE SITTING IN A STORAGE 7  FACILITY.  I DON'T THINK THAT HONORS HER OR HIS MEMORY, 8  NOR DO I FEEL THAT EITHER ONE OF THEM WOULD BE VERY HAPPY 9  WITH THAT TYPE OF DISPOSITION OF REMAINS.10            SO I AM GOING TO GO AHEAD AND GRANT THE PETITION11  AND THE CONSENT TO MOVE, NOT DISINTER, BUT MOVE THE12  CREMATED REMAINS OF PEARL EUGENIA CHANDLER FROM THE13  STORAGE FACILITY AT CYPRESS VIEW MAUSOLEUM AND ALLOW THEM14  TO BE INTERRED -- FOR THE FIRST TIME IS REALLY WHAT WE'RE15  TALKING ABOUT -- AT THE MOUNT HOPE CEMETERY WHERE16  MR. RAYMOND CHANDLER, FAMOUS AUTHOR, IS BURIED.  I'M GOING17  TO ASK TO BE INTERRED IN A DIGNIFIED AND PROFESSIONAL WAY18  AS MR. LATKER HAS DESCRIBED, EITHER ABOVE GROUND OR BELOW19  THE MARKER, ACCORDING TO THE STANDARDS TYPICALLY USED BY A20  LICENSED CERTIFIED CALIFORNIA CEMETERY PURSUANT TO HEALTH21  AND SAFETY CODE REQUIREMENTS.22            THAT WILL BE THE ORDER.  ANYTHING FURTHER?23            MS. WAYNE:  THANK YOU, YOUR HONOR.24            THE COURT:  COURT'S IN RECESS.25            MS. WAYNE:  SHALL I PREPARE THE ORDER?26            THE COURT:  YES.  IF YOU COULD.  WE'RE OFF THE27  RECORD.28            [WHEREUPON THE PROCEEDINGS CONCLUDED.]