Personal Injury Legal Cases

Funeral Home Employees Neglect Contract Cause Emotional Pain And Suffering

SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF SAN BERNARDINO

ROBIN PARSONS; TONY LYNCH; DONNA LYNCH, CASE NO. COMPLAINT FOR BREACH OF Plaintiff's, CONTRACT; BREACH OF THE COVENANT OF GOOD FAITH AND FAIR DEALING; NEGLIGENCE;

NEGLIGENT MISREPRESENTATIONBOBBIT MEMORIAL CHAPEL INLAND; FRAUD; INTENTIONAL INFLICTION; EMPIRE CREMATORY; ARROWHEAD OF EMOTIONAL DISTRESS AFTERCARE; ANGEL SALVATIERRA; ARMANDO GRACIA; AND DOES 1 THROUGH 50, Inclusive,

Defendants.

Plaintiffs allege for their claims herein as follows:

1. Plaintiff, DONNA LYNCH, is, and at all times relevant herein, was an individual residing in the State of California, County ofSan Bernardino. Plaintiff DONNA LYNCH is, and was at all times relevant herein, the wife of decedent, DENEE WARREN LYNCH.

2. Plaintiff, TONY LYNCH. is, and at all times relevant herein, was an individual residing in the State of California. County of San Bernardino. Plaintiff TONY LYNCH is, and was at all times relevant herein, the adult son of decedent, DENEE WARREN LYNCH.

3. Plaintiff, ROBIN PARSONS, is, and at all times relevant herein, was an individual esiding in the State of California, County of San Bernardino. Plaintiff ROBIN PARSONS is. and was at all times relevant herein, the adult daughter of decedent, DENEE WARREN LYNCH.

4. Defendant, BOBBIT MEMORIAL CHAPEL, a California Corporation hereinafter referred to as '"BOBBIT MEMORIAL CHAPEL." is, and at all times herein relevant. was a corporation duly organized and existing under laws ofthe State of California, with its principal place ofbusiness in San Bernardino, California. The contract for cremation was entered into at Highland, California.

5. Plaintiffs are ignorant of the true names and capacities of Defendants sued herein as DOES 1 through 50, inclusive, and therefore sue these Defendants by such fictitious names. Plaintiffs will amend this Complaint to allege the true names and capacities when ascertained. Plaintiffs are informed and believe, and on that basis alleges, that each such fictitiously named Defendant is in some manner connected with the matters herein alleged and is liable to Plaintiffs, therefor.

6. Plaintiffs are informed and believe, and on that basis allege, that at all times herein mentioned, each Defendant was an agent andlor an employee of each remaining Defendant. and in doing the things hereinafter alleged, was acting within the course and scope of such agency and employment. In addition, each Defendants act, as hereinafter alleged, was engaged in with the full authorization and ratification of each other Defendant's.

8. On May 17,2010, DONNA LYNCH, entered into a written contact for cremation of her husband Decedent, DENNE WARREN LYNCH. Under the terms ofthe contact the cremation of the Decedent was to be witnessed by the family. Ms. DONNA LYNCH, paid an additional $100.00 dollars to witness the cremation. On May 24, 2010, DENNE WARREN LYNCH was cremated without the cremation being witnessed by the family as required under the contact.

9. As set forth in the above paragraphs, the above-named Plaintiff entered into a written Agreement with Defendants identified as Exhibit "A", attached hereto and incorporated herein by reference.

10. The purported remains ofthe decedent DENNE WARREN LYNCH were received by ROBIN PARSONS on May 25,2010. III III

FIRST CAUSE OF ACTION
BREACH OF CONTRACT

11. Plaintiffs re-allege and incorporate herein by reference each and every allegation, contained in paragraphs 1 through 10, inclusive.

12. As set forth in the above paragraphs, the above-named Plaintiff DONNA LYNCH entered into a written Agreement with Defendants identified as Exhibit "A", attached hereto and incorporated herein by reference.

13. Plaintiffis informed and believes, and on that basis alleges, that Defendants breached the written contract by desecrating the body ofdecedent, DENNE WARREN LYNCH, failing, among other things, to perform all necessary procedures to allow for the witnessing of the cremation. Defendants breached the contract by treating the remains of DENNE WARREN LYNCH In a tremendously disrespectful and undignified manner.

14. Plaintiff has performed all conditions, covenants and obligations under the Agreement required ofher, except those that were waived, prevented or excused from performing by the conduct of Defendants.

15. As a direct and proximate result ofDefendant's actions, Plaintiffs have incurred costs, expended sums of money, and suffered damages in an amount to be proven at trial. In addition, Plaintiffs have suffered severe emotional distress, including but not limited to severe mental anguish, anxiety, suffering, shame, indignity, apprehension, ordeal and humiliation in an amount to be proven at time of trial.

SECOND CAUSE OF ACTION
BREACH OF THE COVENANT OF GOOD FAITH AND FAIR DEALING

1. Plaintiffs re-allege and incorporate herein by reference each and every allegation contained in paragraphs 1 through 10, inclusive.
2. Implied into the contract for burial (Exhibit "A") is a Covenant of Good Faith and Fair Dealing that requires neither party to the contract do anything that will deprive the other party of the benefits of the contract. This covenant requires that each party to the contract act with fairness and good faith toward the other and imposes on the parties certain duties including that neither party take any action to prevent the other from reaping the benefits of the relationship. This covenant further requires that each party refrain from needless injury and damage to other parties.

1. Plaintiffs are informed and believe, and on that basis allege, Defendants did not perform the services required under the Agreement with the attention, care or skill of a licensed mortician. Further that Defendants breached the covenant of good faith and fair dealing and the duties incident to said covenant, those duties being the duty not to deprive the other of the benefits of the contract, the duty to follow each of their agreements with Plaintiffs and the duty to treat Plaintiffs fairly.
2. By refusing to perform the services required under the contract (Exhibit "A") and by failing to render the attention, care or skill of a licensed mortician, Defendants breached the Covenant of Good Faith and Fair Dealing implied in the Agreement.
3. Plaintiffs have performed all conditions, covenants and obligations under the Agreement required of her, except those that were waived, prevented or excused from performing by the conduct of Defendants.
4. As a direct and proximate result of Defendants actions, Plaintiffs have incurred costs, expended sums of money, and suffered damages in an amount to be proven at trial. In addition, Plaintiffs have suffered severe emotional distress, including but not limited to severe mental anguish, anxiety, suffering, shame, indignity, apprehension, ordeal and humiliation in an amount to be proven at time of trial.

THIRD CAUSE OF ACTION
NEGLIGENCE

1. Plaintiffs re-allege and incorporate herein by reference each and every allegation contained in paragraphs 1 through 10, inclusive.
2. At all times relevant herein, Defendants held themselves out as licensed and competent morticians capable of performing the necessary cremation, witness planning in a manner consistent with the level of skill of other licensed, competent morticians in the area.
3. As a licensed mortician, Defendants owed a duty to Plaintiff s to perform all of its services, including witness planning in a reasonable and competent manner consistent with the

I evel of skill of other licensed morticians in the area.

1. As alleged above, Defendants failed to perform the services required in a good, reasonable and competent manner, by, among other things, carelessly and recklessly desecrating the body of decedent DENNE WARREN LYNCH, failed to perform such preparatory procedures as had been agreed upon and caused Plaintiffs to endure a cremation without support of family or friends. Defendants breached the duty owed to Plaintiffs by treating the remains of DENNE WARREN LYNCH in a tremendously disrespectful and undignified manner.
2. Defendants care of decedent's body was repugnant offensive, insulting and demeaning. Plaintiffs have suffered negligent infliction of emotional distress including severe emotional distress and severe mental anguish, anxiety, suffering, shame, indignity, apprehension. ordeal and humiliation in an amount to be proven at time of trial.

FOURTH CAUSE OF ACTION
NEGLIGENT MISREPRESENTATION

1. Plaintiffs re-alleges and incorporates herein by reference each and every allegation contained in paragraphs 1 through 10 as though set out in full.
2. Defendants, through the representations of their agents. employees, and representatives, expressly and impliedly represented to Plaintiffs that the remains of DENNE WARREN LYNCH would be treated by Defendants and their agents, servants, employees and subcontractors in a professional, solemn, reverent, respectful and dignified manner, in keeping with culturally accepted social policies, the high standards of the profession and the express wishes of Plaintiffs.
3. Defendants further impliedly and expressly represented that they would properly prepare DENNE WARREN LYNCH's remains and do all things necessary for a dignified cremation witnessed by friends and family.
4. All of the representations were false. When Defendants made these representations. and at all times hereafter, Defendants had no reasonable ground for believing these representations to be true, in that Defendants had no knowledge of any facts supporting these representations and knew or should have known of the existence of facts contrary to these representations.

31. At the time Defendants made these representations. Defendants knew and intended Plaintiffs would rely on them.

32. Defendants made these representations with the intent to induce Plaintiffs to enter into the Agreement to entrust Defendants with any and all preparatory procedures necessary for a dignified cremation.

33. In reliance on Defendants' representations, Plaintiffs permitted Defendants to take custody and possession of DENNE WARREN LYNCH'S remains and paid Defendants to prepare his remains for a dignified cremation witnessed by friends and family.

34. When Defendants made these representations and took the actions herein alleged. Plaintiffs were unaware of the falsity of Defendants representations and acted in justifiable reliance upon the truth of the representations to their detriment. If Plaintiffs had known the representations were false and had known Defendants were going to handle the remains improperly, disrespectfully, and in an undignified manner, and that Defendants were going to desecrate DENNE WARREN LYNCH'S remains, Plaintiffs would not have entered into the contract (Exhibit "A").

35. In reliance upon Defendants representations, Plaintiffs gave Defendants the care, custody and control of the remains of her beloved husband, which remains were despicably 18[ mishandled as set forth above, thereby causing Plaintiff's to suffer severe emotional distress, severe mental anguish, anxiety, suffering, shame, indignity, apprehension, ordeal and humiliation in an amount to be proven at time of trial.

FIFTH CAUSE OF ACTION
FRAUD

36. Plaintiffs incorporate by reference and repeats paragraphs 1 through 10 of this complaint as though fully set forth herein.

37. At all times set forth herein there was a fiduciary relationship between Defendants and Plaintiffs. Plaintiffs had no special expertise in matters concerning preparation and disposition of remains, requiring them to obtain the services of professional morticians with specialized knowledge, skill, expertise and training

1. By undertaking to provide mortuary services, Defendants created a fiduciary duty between Defendants and Plaintiffs, requiring Defendants to perform those services in a dignified and respectful manner and avoid harm to Plaintiffs.
2. Defendants, through the representations of their agents, employees, and representatives, expressly and impliedly represented to Plaintiffs that the remains of DENNE WARREN LYNCH would be treated by Defendants and their agents, servants, employees and subcontractors in a professional, solemn, reverent, respectful and dignified manner, in keeping with culturally accepted social policies, the high standards of the profession, the express wishes of the Plaintiffs and the law.
3. Defendants further impliedly and expressly represented that they would properly prepare DENNE WARREN LYNCH'S remains and do all things necessary for a dignified cremation witnessed by friends and family. At the time Defendants made these representations, Defendants knew and intended Plaintiffs would rely on them.
4. All of the representations were false. When Defendants made these representations, and at all times hereafter, Defendants had no reasonable ground for believing these representations to be true, in that Defendants had no knowledge of any facts supporting these representations and knew or should have known of the existence of facts contrary to these representations. Defendants made these representations with the intent to induce Plaintiff s to enter into the Agreement to entrust the Defendants with all preparatory procedures necessary for a dignified cremation witnessed by friends and family.
5. In reliance on Defendants representations, Plaintiffs permitted Defendants to take custody and possession of DENNE WARREN LYNCH'S remains and paid Defendants to prepare his remains for a dignified funeral and burial witnessed by friends and family.
6. When Defendants made these representations and took the actions herein alleged, Plaintiff was unaware of the falsity of Defendants representations and acted in justifiable reliance upon the truth of the representations to her detriment. If Plaintiff had known the representations were false and had known Defendants were going to handle the remains improperly, disrespectfully, and in an undignified manner, and that Defendants were going to fail to provide a witnessed cremation, Plaintiff would not have entered into the contract.
7. In reliance upon Defendants representations, Plaintiff gave Defendants the care. custody and control of the remains of her beloved husband, which remains were despicably mishandled as set forth above, thereby causing Plaintiffs injuries and damages, in an amount to be proven at time of trial.
8. The above actions by Defendants were despicable, contemptible, loathsome. vile, willful, deliberate and carried out with conscious disregard for the rights, safety and welfare of Plaintiffs. requiring an award of punitive damages against the Defendants.

SIXTH CAUSE OF ACTION
INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS

1. Plaintiffs incorporate by reference and repeats paragraphs 1 through 10 of this complaint as though fully set forth herein.
2. The conduct of Defendants directed at Plaintiffs was extreme and outrageous with the intention of causing or reckless disregard of the probability of causing, emotional distress. At all times mentioned, Defendants had the power to affect the interests of Plaintiffs and should have known that Plaintiff, having just lost her husband. was peculiarly susceptible to emotional distress and that Defendants conduct would likely result in illness through emotional distress.

 48. As the proximate cause of the acts and conduct of the Defendants. and each of as alleged herein, Plaintiffs have suffered injury to her health, strength and activity, sustaining illness and shock and injury to her nervous system and person, all of which injuries have caused, and continue to cause, Plaintiffs great emotional, mental, physical and nervous pain and suffering. Further, Plaintiffs alleges that said injuries will result in some permanent disability to Plaintiff s, all to their damage in a sum within the jurisdiction of the above entitled court. 

 49. As a further result of the acts, omissions, and conduct of the Defendants, and each of tem, as alleged herein, Plaintiffs have been and in the future will be required to obtain the services of physicians and to incur other medical expenses, of which the full amount is not known to Plaintiffs at this time. 

50. The acts, omissions and conduct of Defendants were willful. despicable, wanton, malicious, oppressive and in conscious disregard of the rights and susceptibilities of others, including Plaintiffs herein. thus warranting the assessment of punitive and exemplary damages.

WHEREFORE, Plaintiffs pray for Judgment against Defendants and each of them as follows: UNDER THE FIRST CAUSE OF ACTION FOR BREACH OF CONTRACT:

1. Actual damages in an amount to be proven at trial;
2. For reasonable attorney fees according to proof;
3. General damages for emotional distress, in an amount to be proven at trial;
4. Costs of suit incurred herein; and
5. For such other and further relief as the Court may deem just and proper.

UNDER THE SECOND CAUSE OF ACTION FOR BREACH OF THE COVENANT OF GOOD FAITH AND FAIR DEALING:

1. Actual damages in an amount to be proven at trial;
2. For reasonable attorney fees according to proof;
3. General damages in an amount to be proven at time of trial;
4. For costs of suit incurred herein; and
5. For such other and further relief as the Court may deem just and proper

UNDER THE THIRD CAUSE OF ACTION FOR NEGLIGENCE:

11.  General and special damages in an amount to be proven at time of trial;

12.  For costs of suit incurred herein; and 

13.  For such other and further relief as the Court may deem just and proper  

UNDER THE FOURTH CAUSE OF ACTION FOR NEGLIGENT MISREPRESENTATION:

14.  General and special damages in an amount to be proven at time of 

15.  For costs of suit incurred herein; and 

16.  For such other and further relief as the Court may deem just and proper. 

UNDER THE FIFTH CAUSE OF ACTION FOR FRAUD:

1. General and special damages in an amount to be proven at time of trial;
2. Punitive and exemplary damages in an amount appropriate to punish or set an example of Defendants;
3. For costs of suit incurred herein; and
4. For such other and further relief as the Court may deem just and proper

UNDER THE SIXTH CAUSE OF ACTION FOR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS:

1. General and special damages in an amount to be proven at time of
2. Medical expense according to proof;
3. Punitive and exemplary damages in an amount appropriate to punish or set an example of Defendants;
4. For costs of suit incurred herein; and
5. For such other and further relief as the Court may deem just and proper

Dated: September 29,2010

 

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address)

- BRIAN D. CHASE, ESQ. (SB# 164109)
MARK GONZALES, ESQ. (SB# 249340 1301 DOVE STREET, SUITE 120 NEWPORT BEACH, CALIFORNIA)

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