We accept as true the following facts, as alleged in the complaint...Appellant and respondent entered into a contract whereby Kristie's funeral and burial would be handled by respondent, a corporation engaged in business as a cemetery. At the time the arrangements were being made appellant advised respondent that she wanted the funeral and burial services to be private. Only family members and invited guests were to be permitted to attend. In particular, [**2] appellant requested that no "punk rockers" be allowed at the services. Kristie had been a punk rocker. Appellant was fearful that her daughter's former associates would disrupt the private services, and so advised respondent. Respondent agreed to use all reasonable efforts and means to comply with appellant's request.
Many punk rockers attended both the funeral services in the chapel and the grave-site burial services. Neither their appearance nor comportment was in accord with traditional, solemn funeral ceremonies. Some were in white face makeup and black lipstick. Hair colors ranged from blues and greens to pinks and oranges. Some were dressed in leather and chains and twirled baton-like weapons, while yet another wore a dress decorated with live rats. The uninvited guests were drinking and using cocaine, and were physically and verbally abusive to family members and their guests. A disturbance ensued and grew to the point that police had to be called to restore order.
Appellant's allegation is not deficient for failing to show a causal connection between respondent's failure to timely perform certain acts and the punk rockers' failure to refrain from certain actions.
Tuesday, November 23, 2004
punk rock case law
from Ross v. Forest Lawn Memorial Park, 152 Cal. App. 3d 971 (1984):