Facts

Barry Marks and Janae Marks, plaintiffs, entered into a contract with Chapel of Light, defendant, to buy two crypt spaces at the Chapel of Light, which is a funeral home, cemetery, and crematory, located in Fresno. The plaintiffs received a copy after paying the deposit, but it did not list the amount of monthly payments they were supposed to make. Later, defendant added the amount of the monthly payments and mailed the authorized contract to plaintiffs. Plaintiffs stated they never received the completed contract.

The plaintiffs made payments for about six months and stopped making payments in 1993. In 2001, the defendant canceled the contract and sold the crypt to third parties.

PLAINTIFFS' CONTENTIONS:
The plaintiffs claimed that they were not obligated to make payments until one of them died.

DEFENDANT'S CONTENTIONS:
The defendant argued that plaintiffs breached the contract when they stopped making payments. The defendant argued, in the alternative, that there was no "meeting of the minds," so no contract was formed.

Settlement Discussions

Before the trial, plaintiffs requested $50,000. Parties also discussed replacement crypts valued at over $20,000. Defendant made an offer in the range of $5,000.

Damages

The plaintiffs claimed they suffered from emotional distress at the thought of not being able to be buried next to their parents. The plaintiffs also claimed damages for the present value of the crypts, specific performance of the contract, or in the alternative, damages for breach of contract, and damages for emotional distress.

Result

The plaintiffs dismissed their specific performance cause of action before jury selection. The court granted defendant's non-suit motion on the negligence and emotional distress claims. The only cause of action the jury deliberated on was the breach of contract claim. The jury found no contract existed between the parties. After the jury's verdict, the court found for the plaintiffs on the promissory estoppel claim, awarding damages of $765 to plaintiffs, as a refund of plaintiffs' payments and as proportional equity on the crypts at the time of re-sale. The court denied plaintiffs' court costs.

Length

four days