Kim v. Forest Lawn, et al.

Plaintiff sued several cemetery and mortuary defendants for alleged mishandling of her deceased husband’s remains based on invalid Durable Power of Attorney form submitted by decedent’s daughters, alleging causes of action for negligent infliction of emotional distress, intentional mishandling of remains, intentional infliction of emotional distress, breach of contract, interference with contract, and violations of Unruh Civil Rights Act and California Constitution.  Defendant Forest Lawn demurred to uncertainty and sufficiency of plaintiff’s Second Amended Complaint on the basis that the Health & Safety Code Section 7111 provides that a cemetery defendant is not liable unless it has actual notice that a written authorization is untrue, and Defendant did not have actual notice.  In addition, plaintiff failed to allege any duty existed or facts to support intentional or outrageous conduct to cause severe emotional distress or interference with contract.  Since plaintiff had three chances to state her claims, including after meeting and conferring with Defendant, the Court sustained the demurrer without leave to amend.