Confidential
Settlement – $9,000Judge
Court
L.A. Superior Pomona
Attorneys
Plaintiff
Scott E. Schutzman
(Law Office of Scott E. Schutzman)
Defendant
Experts
Defendant
Linda Loftis
(technical)
Facts
On August 28, 1993, the plaintiffs, the widow and children of the decedent, contracted with the defendant memorial park to cremate the decedent. The plaintiffs requested that the defendant inurn and bury + of the decedent's cremated remains in a family lot that was previously purchased at the defendant memorial park. The remaining + of the cremated remains were to be inurned and released to the family. The plaintiffs claimed that the defendant breach its contract by negligently releasing the decedent's remains to the wrong family. The plaintiffs brought this action against the defendant based on breach of contract and negligence theories of recovery.
Settlement Discussions
The plaintiffs made a C.C.P. º998 settlement demand for $27,500. The defendant made a C.C.P. º998 offer of compromise for $6,000.
Injuries
The plaintiffs claimed that they sustained emotional distress as a result of the defendant's breach of contract and negligence.
Other Information
The settlement was reached approximately one year and six months after the case was filed. A mediation was held on August 3, 1995, before Steven Rich of Pomona Court resulting in a drastic reduction from the plaintiffs' original "five figure" demand. The insurance company handling the defense of this matter maintained its position and paid only $6,000 of the settlement. The remaining $3,000 was provided by an insurer which had provided coverage for the memorial park during a part of the relevant time period.
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