Baudino

I.

INTRODUCTION

After her father died, plaintiff and appellant Mary L. Baudino (Baudino) obtained funeral goods and services from a mortuary. Thereafter, she filed this lawsuit against the mortuary alleging it did not abide by the Federal Trade Commission’s “Funeral Rule,” 16 Code of Federal Regulations parts 453.1 to 453.9 (2008), and specifically the “cash advance” provisions of that rule, 16 Code of Federal Regulations parts 453.1(b) and 453.3(f) (2008). After rulings on a motion for summary judgment and a demurrer, the trial court entered judgment against Baudino. We affirm.

n.

FACTUAL AND PROCEDURAL BACKGROUND

A. Factual background

The relevant facts are undisputed.

Baudino’s father, Manuel Alcarez, passed away on February 7, 2000. On February 8, 2000, Baudino went to defendant and respondent Mirabal Mortuary (Mirabal), a funeral home. Baudino met with funeral counselor Jose Arizmendi.

At Baudino’s request, Arizmendi arranged for an open-casket visitation and a funeral mass at a Los Angeles church. Thereafter, Mr. Alcarez’s remains were to be cremated, placed into a container, and released to Baudino.

Baudino agreed to pay Mirabal a total of $2,015.89 for…