Cohen

CROSKEY, Acting P. J.

Beatrice Cohen, Susan Szymanski, and others appeal judgments dismissing their complaints against NuVasive, Inc. (NuVasive), after the court sustained demurrers without leave to amend. Plaintiffs allege that NuVasive purchased human remains from bodies of their close family members that had been donated to the University of California at Los Angeles (UCLA) for medical research and education. They allege that the sale of human remains was illegal and contrary to representations made to the donors by UCLA. They allege that NuVasive knew or should have known that the sales were improper, that NuVasive mistreated and misused the remains, and that plaintiffs suffered emotional injury when they discovered the actual facts. They allege counts against NuVasive for negligence, fraud, and intentional infliction of emotional distress. The court sustained the demurrers to the negligence counts based on the absence of a duty of care, and sustained the demurrers to the other counts for other reasons.

(1) Plaintiffs contend NuVasive owed them a duty of care based primarily on the foreseeability of their emotional injury. [1] We agree and conclude that the facts alleged in…