Ross
Ross v. Forest Lawn Memorial Park
Opinion
Opinion
Ashby, J.
Appellant Francine Ross appeals from the dismissal of her fourth amended complaint against respondent Forest Lawn following the granting of a demurrer without leave to amend. Appellant is attempting to establish respondent’s liability for events surrounding the funeral and burial services of her 17-year-old daughter, Kristie.
We accept as true the following facts, as alleged in the complaint. (Alcorn v. Anbro Engineering, Inc. (1970) 2 Cal.3d 493, 496 [ 86 Cal.Rptr. 88 , 468 P.2d 216 ].) Appellant and respondent entered into a contract whereby Kristie’s funeral and burial would be handled by respondent, a corporation engaged in business as a cemetery. At the time the arrangements were being made appellant advised respondent that she wanted the funeral and burial services to be private. Only family members and invited guests were to be permitted to attend. In particular, appellant requested that no “punk rockers” be allowed at the services. Kristie had been a punk rocker. Appellant was fearful that her daughter’s former associates would disrupt the private services, and so advised respondent. Respondent agreed to use all reasonable efforts and means to comply with…