Forest Lawn Mortuary is asking a judge to stay and compel arbitration of a lawsuit filed by three relatives of a man who died earlier this year and who allege that the wrong body was presented during a scheduled viewing, leaving them with emotional distress and causing a heart attack in one of their members.
The plaintiffs are all family members of the late Joseph Andrew Espinoza, including his widow, Ahlam M. Espinoza. Their West Covina Superior Court lawsuit alleges negligence, breach of contract and both intentional and negligent infliction of emotional distress.
On Thursday, Forest Lawn attorneys filed court papers with Judge Lynette Gridiron Winston contending that the case belongs before an arbitrator rather than a jury.
“Plaintiff 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,” according to the Forest Lawn attorneys’ court papers.
The mortuary lawyers also want the judge to put the case on hold pending the outcome of the arbitration motion. A hearing on the stay request is set for Feb. 2 and the hearing to compel arbitration is scheduled Feb. 17.
According to the suit filed Oct. 16, the family members paid about $19,500 for the memorial and viewing 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,” the suit states.