Maffei

Fred Maffei timely appeals from a judgment denying his petition for permission to disinter and reinter the remains of his deceased wife, Flora Maffei. Fred brought his petition under Health and Safety Code section 7526 after the cemetery where Flora has been buried for more than 20 years would not consent to removing her body. The cemetery refused consent because Flora’s brother, Ernie Gabiati, who owns the crypt where her body lies, would not consent. (Health & Saf. Code, § 7525 [remains of deceased person may be removed from a cemetery plot with consent of the cemetery authority and of surviving spouse].) When the cemetery withholds consent, section 7526 provides “permission by the superior court of the county where the cemetery is situated is sufficient.” (Health & Saf. Code, § 7526.) However, section 7526 provides no standard for determining whether to grant permission for disinterment, and there are only two cases interpreting this statute.

We conclude section 7526 grants the trial court broad discretion, sitting in equity, to consider the particular facts of each case in deciding whether to grant permission to disinter the remains of a deceased person. Because we…