California Court of Appeal

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Binns v. Westminster Mem'l Park, G038365

In a negligence action, trials court's award to plaintiff for emotional distress and order denying attorney's fees is affirmed where: 1) it is foreseeable a person could suffer severe emotional distress upon discovery a stranger had been buried in a family burial plot and defendant had a duty to prevent it; 2) plaintiff introduced sufficient evidence of severe emotional distress; and 3) the attorney's fees clause in the sales agreement was not applicable.

Appellate Information

  • Decided 02/26/2009
  • Published 02/26/2009

Judges

Court

  • California Court of Appeal

Counsel

  • For Appellees:
  • Gurnee & Daniels, Steven H. Gurnee, Roseville, and Toby M. Magarian, for Defendant and Appellant., Law Offices of Scott E. Schutzman, Scott E. Schutzman, Santa Ana, and Lee W. Chen, for Defendant and Appellant.
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