A judge has ordered arbitration of a lawsuit filed against Forest Lawn Mortuary by three people who say the wrong body was presented during a scheduled viewing after their loved one died in 2025.
The plaintiffs are all family members of the late Joseph Andrew Espinoza, including his widow, Ahlam Espinoza. Their West Covina Superior Court lawsuit alleges negligence, breach of contract and both intentional and negligent infliction of emotional distress.
On Tuesday, Judge Lynette Gridiron Winston granted Forest Lawn’s motion to compel the family to take their claims before an arbitrator rather than a jury. The judge scheduled a post-arbitration status conference for May 18.
In their court papers, Forest Lawn attorneys said Ahlam Espinoza “freely and voluntarily agreed to arbitrate against Forest Lawn all controversies, disputes, disagreements, legal claims and actions that arise out of or relate to the memorial arrangement agreement.”
The family’s attorney contended that the contract was unduly weighted in favor of Forest Lawn because it was “presented in the emotionally vulnerable context of arranging funeral services” and that there was “little opportunity for negotiation.”
According to the suit filed Oct. 16, the family members paid about $19,500 for the memorial and viewing last June 27 at Forest Lawn Covina Hills.
“On the day of the memorial service, plaintiffs were shocked as plaintiffs and their families showed up to the viewing room to find the incorrect body present,” the suit states.
Dozens of relatives were present for the viewing, the suit further states.
“This created chaos for the plaintiffs and their family members in this case as there was heightened confusion about where the decedent was, why there was this mistake, and why were there two viewings scheduled at the same time,” according to the suit.
Plaintiff George Levario, an uncle of Espinoza, had a heart attack due to the heightened stress and confusion of the proceeding, the suit states.
Forest Lawn representatives then told the family members that there was a mix-up as to the viewing time and arrangements for their family and another and that there was an ongoing search to bring their loved one’s body to the viewing, the suit states.
Forest Lawn knew, or should have known, that treating the family members as alleged in their lawsuit would “devastate” them and cause them “extreme hardship,” according to the suit.