Ross v. Forest Lawn Memorial Park
1984 Cal. App. LEXIS 1724, 203 Cal. Rptr. 468, 153 Cal. App. 3d 988 (1984)
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Rule of Law:
A person with the statutory right to control the disposition of a deceased's remains also possesses the right to a private funeral, and may hold a cemetery liable for breach of contract for failing to exclude uninvited guests, with damages available for resulting emotional distress.
Facts:
- Francine Ross's 17-year-old daughter, Kristie, passed away.
- Ross entered into a contract with Forest Lawn cemetery for Kristie's funeral and burial services.
- Ross specifically requested that the services be private and that 'punk rockers,' with whom her daughter associated, be excluded due to her fear they would disrupt the solemn occasion; Forest Lawn agreed to use reasonable efforts to comply.
- Numerous 'punk rockers' attended the services, appearing in unconventional attire, drinking, using drugs, and becoming verbally and physically abusive, requiring police intervention.
- Concerned about vandalism, Ross later requested that Forest Lawn specially guard Kristie's grave, and the cemetery's agents agreed.
- The following day, Ross discovered that the flowers and surface of the grave had been disturbed.
- Ross then arranged to have her daughter's body moved to a secret gravesite.
- When Ross sought permission to hire her own overnight guard, Forest Lawn's agent first granted it, then retracted it, causing Ross distress before ultimately relenting.
Procedural Posture:
- Francine Ross (appellant) filed a complaint against Forest Lawn (respondent) in a California trial court.
- After Ross filed a fourth amended complaint, the trial court granted Forest Lawn's demurrer, a motion to dismiss for failure to state a claim.
- The trial court entered an order dismissing the complaint without giving Ross leave to amend it further.
- Ross appealed the dismissal to the California Court of Appeal.
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Issue:
Does a cemetery have an enforceable contractual duty to exclude uninvited guests from a funeral service when it agrees to provide a private service for the person with the statutory right to control the disposition of the remains?
Opinions:
Majority - Ashby, J.
Yes. The statutory right to control the disposition of a deceased person's remains includes the right to determine the manner of burial, which encompasses the right to hold private funeral and burial services. A cemetery that contracts to provide such a private service assumes an enforceable duty. The Unruh Civil Rights Act, which prohibits arbitrary exclusion from business establishments, does not apply because uninvited funeral attendees are not customers seeking services, and a policy for private funerals is a reasonable regulation rationally related to the sensitive services performed. Because emotional suffering is a foreseeable consequence of breaching a contract for funeral services, a plaintiff may recover damages for emotional distress without alleging physical injury.
Analysis:
This case establishes that the statutory right to control the disposition of remains is a robust right that includes the power to make a funeral private and exclusive. It carves out an important exception to the broad application of public accommodation laws like the Unruh Act, clarifying that funeral homes can, and must if contractually obligated, exclude individuals at the direction of the next-of-kin. Furthermore, the decision reinforces the principle that damages for pure emotional distress are recoverable for breach of contracts involving deeply personal matters, like funeral arrangements, where such harm is highly foreseeable.
