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)
Defendant
Robin A. Wofford
(Wilson, Turner & Kosmo LLP)
Dessislava N. Day
(Greene & Roberts LLP)
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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