Grand View Memorial Park (dot) Info

Openings ordered for August 10, August 24, September 14 and September 28, 2008

People have lots of questions about what's going on at Grand View, and class plaintiff attorney Paul Ayers has developed an email alert system to provide answers topic by topic.  If you'd like to be added to the distribution list, please send your request to Paul at payers@zinderkoch.com.

You can access an archive of his emails here under the category Paul's Posts. Thanks, Paul, for your continued assistance!

This is # 9 in the series, originally distributed on July 29, 2008.

Openings ordered for August 10, August 24, September 14 and September 28, 2008

Yesterday Judge Mohr signed the attached order allowing for the cemetery to be opened on August 10, August 24, September 14 and September 28, 2008; all openings will be from 12 noon to 4 p.m.  I have also attached a Glendale News Press story regarding the opening.

If you want the cemetery openings to continue and increase in frequency there are two things you can do:

1.  Volunteer-We need people who can commit to one or two openings a month.  People interested in volunteering at upcoming visitations should call the law office of David Baum at (310) 312-9598.

2. Obey the Rules-Especially regarding fire.  Due to extreme projected heat and the dry grounds it is very important that there be no smoking, fires or use of incense during the opening.  Violations of this rule can cause the Glendale Fire Marshall to oppose further openings.  Nothing will stop the openings quicker then a fire such as happened when the City of Glendale was conducting openings.

I will be out of town on vacation on August 10, 2008, so it may be that no one will be available to help with locations.  We are working on that and hope another volunteer can staff the information table.  I plan to be at the remaining openings currently ordered.

Paul

Paul R. Ayers, Esq.
ZINDER & KOCH
550 N. Brand Blvd., Ste. 960
Glendale , CA   91203-1967
(818) 760-0100 Ext. 6009
(818) 760-0103 Fax
PAyers@ZinderKoch.com

Openings ordered for June 29, July 13 and 27, 2008

People have lots of questions about what's going on at Grand View, and class plaintiff attorney Paul Ayers has developed an email alert system to provide answers topic by topic.  If you'd like to be added to the distribution list, please send your request to Paul at payers@zinderkoch.com.

You can access an archive of his emails here under the category Paul's Posts. Thanks, Paul, for your continued assistance!

This is # 8 in the series, originally distributed on June 25, 2008.

Openings ordered for June 29, July 13 and 27, 2008

Yesterday Judge Mohr signed the attached order allowing for the cemetery to be opened on June 29, July 13 and July 27, 2008; all openings will be from 12 noon to 4 p.m.  I have also attached a Glendale News Press story regarding the opening.

Plaintiffs counsel had asked in its report to the court regarding openings [attached] for a series of bi-monthly openings through September as a progression towards a greater frequency of public access.  The operator resisted primarily because he did not believe there were sufficient committed volunteers to staff the openings. Judge Mohr compromised, ordering bi-monthly openings through July with a follow-up appearance before him on July 29, 2008.  At that time plaintiffs expect to again ask for bi-monthly openings through September.

If you want the cemetery openings to continue and increase in frequency there are two things you can do:

1.  Volunteer-We need people who can commit to one or two openings a month.  People interested in volunteering at upcoming visitations should call the law office of David Baum at (310) 312-9598.

2. Obey the Rules-Especially regarding fire.  Due to extreme projected heat and the dry grounds it is very important that there be no smoking, fires or use of incense during the opening.  Violations of this rule can cause the Glendale Fire Marshall to oppose further openings.  Nothing will stop the openings quicker then a fire such as happened when the City of Glendale was conducting openings.
I look forward to seeing you on the 29th.

Paul R. Ayers, Esq.
ZINDER & KOCH
550 N. Brand Blvd., Ste. 960
Glendale , CA   91203-1967
(818) 760-0100 Ext. 6009
(818) 760-0103 Fax
PAyers@ZinderKoch.com

Interments, Disinterments and Marker Placements

People have lots of questions about what's going on at Grand View, and class plaintiff attorney Paul Ayers has developed an email alert system to provide answers topic by topic.  If you'd like to be added to the distribution list, please send your request to Paul at payers@zinderkoch.com.

You can access an archive of his emails here under the category Paul's Posts. Thanks, Paul, for your continued assistance!

Dec. 1, 2010 Update: For additional information about interments, disinterments and marker placements during the restoration period that will begin after the visitation on Dec. 5, 2010 please read this blog post and contact:

David M. Baum, Attorney for Grand View
(310) 990-3660 or via email at david.baum@dbaumlaw.com

This is # 7 in the series, originally distributed on June 9, 2008:

INTERMENTS, DISINTERMENTS AND MARKER PLACEMENT AT GRAND VIEW

I am often asked if it is possible to inter or disinter remains or place markers at Grand View.  The answer is yes.  Due, however, to the unique situation the cemetery is in there are steps and costs involved that are not usually present when arranging such procedures at other cemeteries.

When a cemetery is troubled like Grand View, one of the last things anyone involved wants to do, the cemetery, the attorneys, the state or the court, is to make things worse by allowing unsupervised procedures.  To prevent problems but to allow the continuation of operations courts will set up rules called “protocols” by which individuals and families can petition the court for permission to conduct a given procedure.  The petition submitted will provide the court with basic information regarding the loved one and the survivors, and provide proof that the procedure requested can lawfully be done and carried out in a way that does not further injure the cemetery or other unrelated remains. Based on the petition, the court will issue an order allowing for the procedure to go forward.

In many cases the costs of the added process and the administration of the procedure itself, i.e., having a specialized funeral director present for the procedure, are borne by the insurance company funding the cemetery’s defense.  This makes sense in that doing so tends to depress claims made against the cemetery [and ultimately paid by the insurance company].  In the case of Grand View, however, the insurer has chosen not to do so.  As a result, the only firm handling these matters is my firm, Zinder & Koch.

Originally, I did not charge for my services, but I soon found I simply could not afford to do the legal work to obtain procedure orders for free.  I now charge a flat $1,000.00 to obtain a procedure order affecting a single decedent; if more than one decedent or grave is involved I generally give some sort of discount.  My charge is only for obtaining the order; as is detailed below, there is a separate fee for having the procedure done itself.  As part of the service I will present, if the family desires, a claim to recover the monies expended and in compensation for the emotional distress of having to go through this process and with regard to what has happened at Grand View in general.

Every procedure order issued with regard to Grand View requires that a funeral director supervise the given procedure.  Further, this funeral director must be specifically approved to supervise procedures at Grand View by the State of California .  At this time there is only one such funeral director, Reg Duran [telephone number 714-473-3323]; Reg has supervised all of the ~40 interments and disinterments that have taken place at Grand View since February 2007.  I have attached a copy of Reg’s December 2007 price list to conduct given procedures to this e-mail.

Generally the time to get an order and accomplish a procedure is about 30 days.  Reg and I can speed the process up somewhat if absolutely necessary.

If you have questions, are interested in having a procedure done, you can give me a call or drop me an e-mail.  If you have a specific question on how a procedure is accomplished and the costs of the procedures, you should probably call Reg.

Paul R. Ayers , Esq.
Law Offices of
ZINDER & KOCH               
A Professional Corporation
550 N. Brand Blvd., Ste. 960
Glendale , CA 91207-1967
(818) 760-0100, ext. 6009
Facsimile (818) 760-0103
e-mail:payers@zinderkoch.com
Class Plaintiffs Cousel

Tentative agreement for opening June 29, 2008

People have lots of questions about what's going on at Grand View, and class plaintiff attorney Paul Ayers has developed an email alert system to provide answers topic by topic.  If you'd like to be added to the distribution list, please send your request to Paul at payers@zinderkoch.com.

You can access an archive of his emails here under the category Paul's Posts. Thanks, Paul, for your continued assistance!

This is # 6 in the series, originally distributed on June 5, 2008.

Tentative agreement for opening on June 29, 2008; additional dates proposed

Plaintiffs and the operator’s counsel have tentatively agreed to a further opening of Grand View on June 29, 2008, 12 noon- 4 pm.  As usual, the date will not be final until there is an order signed by Judge Mohr; we will be back before him on June 24, 2008 and expect to have the order signed then.  I tried to have an additional opening this month for Father’s Day June 15th.  Unfortunately, operator’s counsel was not available that day, and as it stands currently, he must be present for each opening.

I also proposed the additional dates for the period from now until October 1, 2008: July 13, July 27, August 10, August 24, September 14, and September 28.  The operator’s counsel is checking with his client and should let me know on his position within the week.  If there is agreement, we can seek an order from Judge Mohr as to these dates on June 24th.  At next status conference after September 1st, I would expect to propose and additional block of dates to Judge Mohr running through the holidays.

Next week look for a posting on how to have interments, disinterments and marker placements accomplished at Grand View.

Paul R. Ayers , Esq.
Law Offices of
ZINDER & KOCH               
A Professional Corporation
550 N. Brand Blvd., Ste. 960
Glendale , CA 91207-1967
(818) 760-0100, ext. 6009
Facsimile (818) 760-0103
e-mail:payers@zinderkoch.com
Class Plaintiffs Counsel

Court approves May 25, 2008 opening

People have lots of questions about what's going on at Grand View, and class plaintiff attorney Paul Ayers has developed an email alert system to provide answers topic by topic.  If you'd like to be added to the distribution list, please send your request to Paul at payers@zinderkoch.com.

You can access an archive of his emails here under the category Paul's Posts. Thanks, Paul, for your continued assistance!

This is # 5 in the series, originally distributed on May 16, 2008.

Court approves May 25, 2008 opening

Today Judge Mohr signed the attached order allowing for the cemetery to be opened on May 25, 2008, from 12 noon to 4 p.m.

One very important note: Due to extreme projected heat and the dry grounds it is very important that there be no smoking, fires or use of incense during the opening.  Violations of this rule can cause the Glendale Fire Marshall to oppose further openings.

I look forward to seeing you on the 25th.

Paul R. Ayers, Esq.
Law Offices of
ZINDER & KOCH               
A Professional Corporation
550 N. Brand Blvd., Ste. 960
Glendale , CA 91207-1967
(818) 760-0100, ext. 6009
Facsimile (818) 760-0103
e-mail:prayers@monroezinder.com
Class Plaintiffs Counsel

Mother's Day and Online Resources

People have lots of questions about what's going on at Grand View, and class plaintiff attorney Paul Ayers has developed an email alert system to provide answers topic by topic.  If you'd like to be added to the distribution list, please send your request to Paul at payers@zinderkoch.com.

You can access an archive of his emails here under the category Paul's Posts. Thanks, Paul, for your continued assistance!

This is # 4 in the series, originally distributed on May 10, 2008.

NO OPENING ON MOTHER’S DAY - As most of you know, to my great regret, we were unable to arrange for an opening tomorrow for Mother’s Day.  The next opening is still scheduled for May 25, 2008 from 12 noon-4 p.m.  We will back before Judge Mohr on Friday, May 16th to ask for the order.

ONLINE SOURCES OF INFORMATION - Many people ask me “how did this all happen?” and “how can I keep up to date on the case?”  While my office can help with these questions, there are also excellent sources of information online.  Here they are:

Lisa Burks’ “ Grand View Memorial Park (dot) Info”
http://www.grandviewmemorialpark.info
Lisa has created a single webpage with links to all sites connected to the Grand View saga including the parties, the lawyers, the State, the City of Glendale and the newspapers.  In addition the site features stories, photos and videos of the cemetery.

Lisa Burks' Daily News Blog
http://www.valleynews.com/~lisaburks
Lisa has made 76 blog entries since shortly after the cemetery closed in summer 2006 to the present.  Her blog provides the best coverage of the City of Glendale openings of 2006-2007 and the death of Marsha Howard at the cemetery in November 2006.  Unfortunately, Lisa has been too busy to make many entries in the last few months.

The Glendale News Press
http://www.glendalenewspress.com
Since the story of the State’s investigation broke in November 2005, the Glendale News Press has covered every significant subsequent development, filing over 30 stories.  The stories are on the site and available for free for 2 weeks after filing.  If you want to read older stories they are archived and available for a small fee.  I would imagine they will have a story on May 17th or 19th [they don’t publish on Sunday] regarding the events of the May 16th status conference.

The Daily News
http://www.dailynews.com
There are slightly over ten articles regarding Grand View in the Daily News archive.  Again they can be retrieved for a small fee.

The City of Glendale
http://www.ci.glendale.ca.us/grandview_cemetery_information.asp
The City’s site tends to be a little dated, it is only updated periodically.  It has some interesting material including a survey of the cemetery’s trees and a copy of the lawsuit the City filed against the cemetery.  Also, video of the City Council’s meetings including those at which Grand View are discussed, are archived at the site for viewing at you computer; these dates can be deduced by reports carried on Lisa’s blog.  The City also has a Community Hotline at (818) 548-6464 if you are seeking immediate information regarding the cemetery.

The Cemetery and Funeral Bureau, Department of Consumer Affairs, State of California
http://www.cfb.ca.gov/enforcement/grand_view.shtml
The Bureau’s website gives basic information about the cemetery though it tends to be out of date.  The Bureau’s website itself is very informative regarding the consumer rights aspect of the death care [yes, that’s what it’s called] industry.

I hope you find these sites helpful.

Paul R. Ayers , Esq.
Law Offices of
ZINDER & KOCH               
A Professional Corporation
550 N. Brand Blvd., Ste. 960
Glendale , CA 91207-1967
(818) 760-0100, ext. 6009
Facsimile (818) 760-0103
e-mail:prayers@monroezinder.com
Class Plaintiffs Counsel

How to "join" a Class Action

People have lots of questions about what's going on at Grand View, and class plaintiff attorney Paul Ayers has developed an email alert system to provide answers topic by topic.  If you'd like to be added to the distribution list, please send your request to Paul at payers@zinderkoch.com.

You can access an archive of his emails here under the category Paul's Posts. Thanks, Paul, for your continued assistance!

This is # 3 in the series, originally distributed on April 11, 2008.

How to “join” a Class Action

The most common question I get is “how do I sign up for the class action?”  The answer requires a short introduction on how class actions work.

A class action is a representative action, that is a limited number of people are named to stand in for a great number of people who have been injured as a result of a given defendant’s action; in this case, the named class members represent all of the persons who have had  loved ones interred or cremated at Grand View.

The most important first step after the class complaint is filed is certification of the class.  At this point, the judge determines if there is a definable group of people who may have been injured as a result of the actions of the defendant.  If the court certifies the class or it becomes certified as part of a settlement of the class action, the “notice process” begins.

The notice process is a formal way of letting the world at large know about the class action and asking all those who feel they may be part of the class to identify themselves. Usually notice will be sent by mail to everyone that the attorneys know about and for whom they have contact information.  In the past I have used cemetery records, signs posted at the cemetery, newspaper, radio and television ads and websites to alert potential class members to the need to participate in the process.

The notice form explains the basic facts of the litigation and initially asks if the recipient wants to be part of the class.  If the person does not want to be part of the class he or she can “opt out”.  In the case of a cemetery class action, the form goes on to ask basic questions of the potential class member and regarding his or her loved one at the cemetery, i.e., names, dates of death, location and relationship.  As a general rule in California , potential class members can make claims based on a decedent who is a grandparent, parent, child or grandchild, sibling or spouse.  In addition the claimant has to have been alive at the time of the decedent’s death and aware of the passing.  However, if you have a “special relationship” with the decedent, e.g., an aunt or step-parent that raised you can make a claim also.

Once the form is complete it is mailed in to an independent administrator chosen by the court to run the notice process.  The people who mailed in their forms become potential class members who will receive some sort of compensation through a settlement or as result of litigation.

So, coming back to the initial question, “how do I join the class action?”, while you are not “joining” per se, if you mail [e-mail or snail mail] your name, address and phone number to me at my office address below, and that of those who might also qualify as a potential class members, I can make sure you/they will receive notice when the time comes.

Thanks for your interest and look for further postings as matters develop.

Paul R. Ayers , Esq.
Law Offices of
ZINDER & KOCH
A Professional Corporation
550 N. Brand Blvd., Ste. 960
Glendale , CA 91207-1967
(818) 760-0100, ext. 6009
Facsimile (818) 760-0103
e-mail:payers@zinderkoch.com
Class Plaintiffs Counsel

Grand View opening March 30, 2008

People have lots of questions about what's going on at Grand View, and class plaintiff attorney Paul Ayers has developed an email alert system to provide answers topic by topic.  If you'd like to be added to the distribution list, please send your request to Paul at payers@zinderkoch.com.

You can access an archive of his emails here under the category Paul's Posts. Thanks, Paul, for your continued assistance!

This is # 2 in the series, originally distributed on March 11, 2008.

Grand View opening March 30, 2008

You are receiving this e-mail because you wanted to be updated as to developments in the Grand View Memorial Park case.  Pursuant to the order of Judge Mohr, Grand View will be open for visitation Sunday, March 30, 2008 from 12 noon-4 p.m.  The cemetery will be staffed by volunteers composed of the cemetery operator’s counsel, plaintiffs counsel and staff, and community organizations, i.e., boy scouts.  The participating parties see the March 30th opening as a trial run and educational experience upon which they hope to build an ongoing scheduled series of opening pending rehabilitation and normalization of the cemetery.

Paul R. Ayers, Esq.
Law Offices of
MONROE & ZINDER
A Professional Corporation
550 N. Brand Blvd., Ste. 960
Glendale , CA 91207-1967
(818) 760-0100, ext. 6009
Facsimile (818) 760-0103
E-mail: prayers@monroezinder.com
Class Plaintiffs Counsel

FAQ by Plaintiff Counsel Paul Ayers

People have lots of questions about what's going on at Grand View, and class plaintiff attorney Paul Ayers has developed an email alert system to provide answers topic by topic.  If you'd like to be added to the distribution list, please send your request to Paul at payers@zinderkoch.com.

You can access an archive of his emails here under the category Paul's Posts. Thanks, Paul, for your continued assistance!

This is # 1 in the series, originally published on the Grand View Families Yahoo! Group on February 26, 2008.

While I have been a member of the group and have been reviewing entries on the site for a number of months, this is the first time I will post.  In the future, if any of you have specific questions to ask, I will try to answer them [only bear with me in terms of timely response].  But I did want to share some news with you:

1.  Probable Opening of Cemetery in late March, early April
What the GNP did not report regarding the 2/6/2008 status conference was that the Court essentially said that sooner or later [and probably sooner] he was going to order some form of public access to the cemetery.  In response to this motivation, plaintiffs counsel and counsel for the operator have agreed on a proposed Sunday date when the cemetery will be open 12-4.  This will be a trial opening with attorneys and volunteers taking the place of the City workers.  We will be looking for additional volunteers for future openings.  If you are interested, you can let me know, and I will contact you as this initiative develops.  I am especially interested in contacts to local community groups, i.e., Kiwanis, Rotary, church groups, etc. that can provide an organized volunteer force for ongoing openings.  The actual date of the opening will be announced following the 3/10/08 status conference when the Court is expected to make an enabling order in that regard.

2.  Inventory of Cremated Remains
The parties have now received from the D CA an inventory of some 3,001 cremated remains stored in main floor crypts of the West Mausoleum.  The inventory was created by D CA investigators in summer 2007.  If you wish to determine if a loved one is on the list, I will attempt to assist you [the list is not in alpha so it is rather time consuming].  I will also have the list with me, along with my master alpha index and my sectional index at the coming opening.

3.  Office Hours for Review of Records
My office, the Law of Monroe & Zinder, has now moved to Glendale ; our new address in 550 N. Brand, Suite 960 , Glendale , CA 91203-1967 , telephone 818-760-0100.  Starting March 12, 2008, and for every Wednesday thereafter until further notice we will make cemetery records available for review by the public in one of our conference rooms from 9:30 a.m. through 12 p.m.  D uring that time, unless I have some unalterable conflict, I will be in the office to answer questions.

Additional Comments:

Relationship of Litigation to Access Issue
There seems to be a misconception that the closing of the cemetery has been directly caused by the ongoing class and individual action litigation and evidence preservation order issued by Judge Mohr.  This is not true.

The cemetery closed in June 2006 because the operators did not have enough money to purchase liability insurance.  They did not have enough money to purchase liability insurance because (1) by November 2005 they had become increasingly unable to operate the cemetery in a profitable manner, and (2) after November 2005 the State of California , closed down certain basic revenue streams, i.e., crematory operations and grave sales, in response to alleged deficiencies discovered during investigations commencing in September 2005.

Judge Mohr’s evidence preservation order does not forbid simple access or basic cemetery procedures.  All of the opening conducted by the City of Glendale took place after the preservation order went into effect.  I have arranged over 40 interments and disinterments at the cemetery over the past 12 months. In truth, it is the threat of Judge Mohr’s unilateral order to provide access that is driving the proposed late March opening.

How to “join” a Class Action
The most common question I get is “how do I sign up for the class action.”  The answer requires a short introduction on how class actions work.

A class action is a representative action, that is a limited number of people are named to stand in for a great number of people who have been injured as a result of a given defendant’s action; in this case, the named class members represent all of the persons who have had  loved ones interred or cremated at Grand View.

The most important first step after the class complaint is filed is certification of the class.  At this point, the judge determines if there is a definable group of people who may have been injured as a result of the actions of the defendant.  If the court certifies the class or it becomes certified as part of a settlement of the class action, the “notice process” begins.

The notice process is a formal way of letting the world at large know about the class action and asking all those who feel they may be part of the class to identify themselves. Usually notice will be sent by mail to everyone that the attorneys know about and for whom they have contact information.  In the past I have used cemetery records, signs posted at the cemetery, newspaper, radio and television ads and websites to alert potential class members to the need to participate in the process.

The notice form explains the basic facts of the litigation and initially asks if the recipient wants to be part of the class.  If the person does not want to be part of the class he or she can “opt out”.  In the case of a cemetery class action, the form goes on to ask basic questions of the potential class member and regarding his or her loved one at the cemetery, i.e., names, dates of death, location and relationship.  As a general rule in California , potential class members can make claims based on a decedent who is a grandparent, parent, child or grandchild, sibling or spouse.  In addition the claimant has to have been alive at the time of the decedent’s death and aware of the passing.

Once the form is complete it is mailed in to an independent administrator chosen by the court to run the notice process.  The people who mailed in their forms become potential class members who will receive some sort of compensation through a settlement or as result of litigation.

So, coming back to the initial question, “how do I join the class action?”, while you are not  “joining” per se, if you provide me with your contact information at my address below, and that of those who might also qualify as a potential class members, and  I can make sure you will receive notice when the time comes.

Thanks for your interest and look for further postings as matters develop.

Paul R. Ayers , Esq.
Law Offices of
MONROE & ZINDER               
A Professional Corporation
550 N. Brand Blvd., Ste. 960
Glendale , CA 91207-1967
(818) 760-0100
Facsimile (818) 760-0103
Class Plaintiffs Counsel