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Contracts
Breach of Contract
Fraudulent Concealment

Nadia Poustchi, Mohammad Poustchi, Ebrahim Poustchi, et al. v. El Camino Memorial Park Cemetery and Mortuary, Aspasia Kourkoulou, et al.

Published: Oct. 26, 2004 | Result Date: May 12, 2004 | Filing Date: Jan. 1, 1900 |

Case number: GIC808636 Arbitration –  $0

Court

San Diego Superior


Attorneys

Plaintiff

Steven L. Victor
(Steven L. Victor, Attorney at Law APC)

Anthony E. Kalikas


Defendant

Timothy B. Taylor

William J. Beckwith

Robin A. Wofford
(Wilson, Turner & Kosmo LLP)

Dessislava N. Day
(Greene & Roberts LLP)

Mary P. Snyder


Experts

Plaintiff

Tariq Al-Jamil
(technical)

Ken Hayes
(technical)

Defendant

Ronald Mowry
(technical)

Thomas E. Lambert
(technical)

Liyakatali Takim
(technical)

Facts

Anis Monier Houdneh was buried in the Garden of Resurrection Lawn section of El Camino Memorial Park and Mortuary in San Diego. Anis' husband, Mohammad Poustchi, visited the gravesite for the seventh day and 40th day observances. On Sep. 19, 2002, Poustchi attended a Muslim funeral in the Labor Rest II section of El Camino. At that time, he learned for the first time that there were sections other than the Garden of Resurrection where Muslim's were buried. He claimed his wife's grave was in a section of the cemetery where Muslims were buried next to non-Muslims, which was a violation of Islamic law. Poustchi and his four children sued El Camino and the burial plot salesperson, Aspasia Kourkoulou and her supervisor, Richard Cervantes. The plaintiffs alleged breach of contract, negligence, fraudulent concealment, breach of fiduciary duty and violation of Business & Professions Code Section 17200.

Settlement Discussions

The plaintiffs demanded $2.5 million.

Damages

The plaintiffs sought damages for emotional distress. They asked the arbitrator to award $950,000.

Other Information

Defense motion for costs is pending. The arbitration was held before retired Judge Raymond F. Zvetina, neutral arbitrator.


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