Wilson

Plaintiffs are the wife, daughter and sister of Melvin Wilson, deceased. Defendants are the Houston Funeral Home and its director, Willie Houston (sometimes referred to collectively as Houston.) Plaintiffs seek damages from Houston for breach of contract and fraud in connection with the burial service of Mr. Wilson. The trial court found plaintiffs’ second amended complaint failed to state a cause of action and sustained Houston’s demurrer without leave to amend. Plaintiffs appeal from the judgment of dismissal. We reverse and remand the matter to the trial court with directions to overrule the demurrers to the causes of action for breach of contract, breach of the covenant of good faith and fair dealing and fraud and to sustain the demurrers to the causes of action for unfair business practices and breach of fiduciary duty without leave to amend.

Facts and Proceedings Below

Construed in the light most favorable to plaintiffs (Westinghouse Electric Corp. v. Newman & Holtzinger (1995) 39 Cal.App.4th 1194, 1199 [ 46 Cal.Rptr.2d 151 ]), the second amended complaint alleges as follows.

Melvin Wilson died on September 18, 1991. Two days later plaintiffs entered into a…