Binns v. Westminster Memorial Par

171 Cal. App. 4th 700 (2009)

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Nature of the Case

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Facts

P's mother purchased a burial plot for P's deceased father in D's cemetery. A few months later, the mother purchased three additional plots adjacent to where the father was interred. She intended them for herself, P, and P's wife or, P's brother. The mother died in 1986 and was interred in the plot next to P's father. On Easter 2005, P visited his parents' graves and discovered a stranger, Maria Vallejo, buried in the plot immediately adjacent to his mother, which had been reserved for P. D had resold P's plot to the Vallejo family because it incorrectly recorded the sale of the D family plots. D fixed the issue. When P learned that Vallejo’s remains were to be disturbed in order to move her to another plot, P felt that his own burial plot was desecrated because Vallejo’s soul had been disturbed. P sued D for breach of contract and negligent infliction of emotional distress. At trial, P testified that when he saw that a stranger was buried in his own plot, he felt as though he were struck by lightning, and began trembling. P suffered cold sweats, loss of appetite, and nightmares as well. P got the verdict and D appealed.