Forest Lawn Memorial Park Ass'n v. State Board of Embalmers & Funeral Directors

Petitioner herein, Forest Lawn Memorial Park Association, Inc., a corporation, seeks by this writ of mandate, to compel respondents, State Board of Embalmers and Funeral Directors, to issue to petitioner a license to conduct the business of funeral director in the state of California, as provided in an act entitled Funeral Directors and Embalmers Act, chapter 140, Statutes 1929.

Petitioner was empowered by its articles of incorporation, among other things, to engage in, conduct and deal generally with and in everything pertaining to the preparation of bodies for burial, including the owning, operation and management of mortuaries and to do all things necessary or incidental to the preservation, burial or cremation of bodies of deceased persons. In accordance with such corporate powers petitioner presented and filed with respondent board upon an approved form, a written application for a funeral director’s license to be issued to Mr. M. Newton Howell, the duly elected, qualified and acting president of petitioner. Accompanying this petition were the plans of a building then under construction situated in the group of administrative offices of Forest Lawn and designated 1716 South…