How have the courts dealt with an ordinary civil action filed in circumstances where a family member of a deceased plaintiff sued to force the burial of their mother at a different cemetery?

California, United States of America


The following excerpt is from Estate of Jimenez, 56 Cal.App.4th 733, 65 Cal.Rptr.2d 710 (Cal. App. 1997):

Smith v. Vidovich, supra, 242 Cal.App.2d 206, 51 Cal.Rptr. 196, presents an example of an ordinary civil action filed in circumstances similar to this. The defendants (three children) buried their mother at the defendant cemetery. "The fourth child, plaintiff, later sued to require removal of [the mother's] remains to a grave adjoining that of her husband." (Id. at p. 207, 51 Cal.Rptr. 196.) Although the opinion does not disclose whether the plaintiff claimed to be asserting the decedent's wishes, the point here is procedural. The action was tried without a jury as an ordinary civil action, and the trial court gave judgment for defendants. The appellate court affirmed, concluding the trial court was correct in approving the burial arrangements effected by a majority of the children.

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