Dudler

The instant appeal arises out of a dispute between defendants and appellants Riva Dudler et al. (appellant) and plaintiffs and respondents Sinai Memorial Chapel et al. (respondent) over whether appellant properly placed a monument containing a carved-in facial likeness of her deceased husband on a grave in a cemetery controlled by respondent.

After filing a complaint for declaratory relief respondent successfully moved for a summary judgment authorizing it to remove the monument on the grounds that the monument was prohibited by respondent’s rules and regulations and by the contract between the parties. Appellant has filed an appeal from the summary judgment and from the denial of her motions for a new trial, to vacate and enter a different judgment, and for leave to file a second amended cross-complaint.

On appeal she contends: (1) triable issues of fact exist regarding the contract; (2) triable issues of fact exist regarding whether respondent’s rules and regulations are constitutional or enforceable; and (3) the trial court erred by denying leave to file a second amended complaint. We affirm.

I. Summary of Undisputed Facts

Each of the parties is a member of the…