- Why did I get a Notice?
This lawsuit was filed on September 10, 2009 and
is presently pending in the Superior Court of the State of
California, County of Los Angeles ("the Lawsuit"). You may have
received a Notice because Defendants' cemetery records indicate
that:
• A. You purchased interment rights (plots),
cemetery goods and/or services at Eden during the time period
February 7, 1985 through September 10, 2009 for use in an in-ground
burial; and/or
• B. You authorized the interment of a loved
one in an in-ground burial at Eden during the time period February
7, 1985 through September 10, 2009; and/or
• C. You may be the authorized
representative of any deceased persons who would fall under the
definitions in Category (A) or Category (B) above.
The Notice explains that the Court has given
"preliminary approval" of a settlement of this class action
lawsuit. The Court authorized the Notice because you have a right
to know about the proposed Settlement in this Class Action lawsuit,
and about all of your options, before the Court decides whether to
give "final approval" to the Settlement. This notice explains
the lawsuit, the Settlement, and your legal rights.
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- What is this lawsuit about?
According to this Class Action lawsuit, Eden requires all
decedents who are buried in the ground to have their caskets placed
in cement outer burial containers. The Plaintiffs in this lawsuit
allege that since between February 7, 1985, and September 10,
2009:
• The employees at Eden have been ordered by management to
make new graves fit even if it requires breaking the outer burial
containers in adjacent graves;
• In making in-ground interments at Eden, outer burial
containers were damaged more frequently than is acceptable in the
cemetery industry;
• In some cases, remains of decedents were disturbed and/or
disposed of improperly in a spoils pile on the cemetery grounds
(along with the broken pieces of the outer burial container and
casket);
• There was an abnormal risk that outer burial containers
would be damaged when preparing new graves at Eden;
• The following sections of Eden are located on top of
areas previously used as spoils piles- Jacob, the Garden of Eden,
Canaan, Hebron, Mt. Shalom Lawn Crypts, and the Court of Abraham
Lawn Crypts.
• People buried in these sections may have been buried in
areas where human remains and broken outer burial containers may
have been improperly discarded and remain to this day.
Based on these allegations, Plaintiffs asserted claims for
Intentional Infliction of Emotional Distress; Negligence; Tortious
Interference with Right to Dispose of Remains; Tortious
Interference with Dead Bodies; Violations of Business and Prof.
Code § 17200; Violations of the Consumer Legal Remedies Act; Breach
of Fiduciary Duty, Equitable and Injunctive Relief;
Fraud/Concealment/Non-Disclosure and Continuing and Permanent
Nuisance. Plaintiffs sought monetary remedies and injunctive
relief to prevent the alleged conduct from occurring in the
future.
The Defendants are Service Corporation International and its
affiliated company, SCI California Funeral Services Inc. which owns
and operates Eden Memorial Park (collectively referred to as
"Defendants"). The Defendants have denied all of the
Plaintiffs' allegations and contend that their business practices
and operations have always met or exceeded accepted industry
standards and protocols for the operation of a cemetery. The
deny any liability to the Plaintiffs, deny that they have been
damaged in any way, and deny that the Plaintiffs or Class Members
are entitled to any of the relief they seek.
The Court has not decided who is right or wrong in this lawsuit,
and the Notice is not an expression of any opinion of the Court as
to the merits of the claims or defenses asserted by either side in
this lawsuit. Both Plaintiffs and Defendants believe that the
Settlement is fair, adequate and reasonable and that it is in the
best interest of the Class.
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- What is a Class Action?
A class action is a type of lawsuit in which one or a few named
plaintiffs bring suit on behalf of all members of a similarly
situated group to recover damages or other relief for all members
of a group, without the necessity of each member filing an
individual lawsuit or appearing as an individual plaintiff. Class
actions may be used by courts where the claims appear to raise
issues of law or fact that are common to all members of the class,
thereby making it fair to bind all class members to the orders and
the judgment in the case, without the necessity of filing multiple
lawsuits, and assuring that all class members are bound by results
in a single lawsuit.
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- Why is there a Settlement?
Both sides are agreeing to this Settlement in order to avoid the
cost and risk of further litigation. After assessing all factors
related to the case, the Class Representatives and Class Counsel
believe that a class wide settlement is in the best interests of
all parties.
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- How do I know if I am part of the Settlement?
If you have received a Notice, you likely fall into one of the
two categories below:
A. You purchased interment rights (plots), cemetery goods
and/or services at Eden during the time period February 7, 1985
through September 10, 2009 for use in an in-ground burial;
and/or
B. You authorized a loved one in an in-ground burial at
Eden during the time period February 7, 1985 through September 10,
2009.
You may also
assert claims as the Authorized Representative of a Deceased Person
who would otherwise fall within one of the two categories above.
You can act as the Authorized Representative, and seek monetary
remedies on behalf of the deceased person, if (in the following
order of priority):
1. You are the surviving spouse of the deceased person, and
were married at the time of death;
2. You are the surviving adult child of the deceased person
(over 18), or you are authorized by the majority of your surviving
adult siblings to act on behalf of the deceased person;
3. You are one of the surviving parents of the deceased
person, and are authorized by the other parent to act on behalf of
the deceased person;
4. You are the surviving sibling of the deceased person, or
you are authorized by a majority of the surviving siblings to act
on behalf of the deceased person; or
5. You are the closest surviving next of kin, or you are
authorized by the majority of the surviving next of kin to act on
behalf of the deceased person.
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- Are there exceptions to being included?
Yes. The Class does not include persons who opt-out or exclude
themselves from the Settlement in a timely and correct manner by
submitting a written request for exclusion to the Claims
Administrator.
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- I’m still not sure if I’m included in the Settlement.
If you are not sure whether you are included in the Class,
please view Question 5 above, call the Claims Administrator at the
toll free number designated for this Settlement 1-888-211-8314, or
email the Claims Administrator at info@edenclassaction.com.
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- What does the Settlement provide?
The Settlement provides benefits that have been valued at over
Eighty Million, Five Hundred Thousand Dollars
($80,500,000.00.) The Settlement provides monetary benefits
and permanent requirements and measures at Eden.
Right to Request Disinterment, Refund and Other Monetary
Remedies
You can submit a claim relating to a grave at Eden if:
(A) You were the owner of
the interment right (i.e., the plot), or purchased any goods or
services in connection with that grave from Eden during the Class
Period (February 7, 1985 through September 10, 2009); or
(B) You authorized the
interment of the deceased person in that grave during the Class
Period by executing an Interment Order Authorization form; or
(C) You are the Authorized
Representative of the deceased person who would otherwise fall
under the definition of the prior two categories
You may submit claims for multiple graves so long as they
qualify under the above criteria. In connection with each
grave, you may select the following options:
1.
Disinterment. If you are the next of kin or authorized
representative of a deceased person buried at Eden during the Class
Period (February 7, 1985 to September 10, 2009), you may request a
disinterment of your decedent's remains and remove them from
Eden. By selecting this option, you will receive a full
refund of all amounts paid to Eden (including any finance
charges). Eden will open the grave and otherwise assist in
the disinterment at no cost to you, but you will be responsible for
arranging for a licensed funeral director or embalmer to take
custody of the remains and transport them from Eden's property to
the place of final disposition and for any charges related to
reinterring the remains at another cemetery. You will be required
to obtain the necessary permit and sign all documentation required
by Eden to make the disinterment, the transfer of the remains and
the return to Eden of title to the plot from which the remains are
removed.
If you select this option, you will still be entitled to receive
the Eligible Share of the Net Settlement Fund for that particular
grave in addition to any refund amounts.
2. Refund for
Unused "Pre-Need" Purchases. If you (or a deceased person that you
represent) purchased any plots, goods or services at Eden during
the Class Period (February 7, 1985 to September 10, 2009) which
have not yet been used, you may request a full refund of all
amounts paid to Eden for those plots, goods or services (including
any finance charges.) You will be required to return
any plots or goods for which you seek a refund and agree to
cancellation of any existing contractual rights with Eden you may
have. You will also be entitled to receive your eligible
share of the Net Settlement Fund in addition to any refund
amounts.
If you select this option, you will still be entitled to receive
the Eligible Share of the Net Settlement Fund for that particular
grave in addition to any refund amounts.
3. Eligible
Share of the Net Settlement Fund. For each grave for which
you submit a claim, you will be entitled to receive the Eligible
Share of the Net Settlement Fund for that grave. You will be
entitled to receive this money, even if you decide to keep any
graves or items purchased at Eden. If more than one person
submits a claim for the same grave, then that amount will be
divided amongst each appropriate Class Member.
4. How is the
Eligible Share of the Net Settlement Fund For Each Grave
Determined?
The method of calculating the Eligible Share of the Net Settlement
Fund for each grave is as follows: Defendants will be placing
Thirty Five Million Two Hundred Fifty Thousand Dollars
($35,250,000.00) into a Settlement Fund. All claims
administration costs in excess of $250,000.00, and all attorney
fees, costs and incentive awards approved by the Court shall be
paid out of the Settlement Fund, resulting in the Net Settlement
Fund. Any refunds relating to Requests for Disinterments or
Return of Unused Pre-Need Purchases will first be paid out of the
Net Settlement Fund. The remainder of the Net Settlement Fund
then will be equally divided, on a per grave basis, amongst those
Class Members who submitted timely and valid Claim Forms for each
grave they represent.
For instance, by way of example only, if the remainder of the
Net Settlement Fund was $10,000,000.00 and Class Members submitted
claims in connection with 5,000 graves, then the Eligible Share of
the Net Settlement Fund for each grave would be $2,000.00
($10,000,000 / 5000 graves = $2,000.00 per grave). In this
example, Class Members who own or represent multiple graves would
be entitled to $2,000.00 for each grave they represent. On
the flip side, if multiple Class Members submitted claims for the
same grave (for example, two siblings who both authorized the
interment of a parent), then they would be required to divide the
Eligible Share of $2,000 per grave amongst themselves. In
other words, Class Members cannot obtain a double recovery of the
Eligible Share for the same grave.
NOTE: Class Members will be entitled to receive the Eligible Share
for each grave, even if they are keeping the graves, goods and
services purchased at Eden.
Permanent Requirements and Measures At Eden
In the Settlement Agreement, Eden has agreed to permanently employ
measures designed to (a) prevent the alleged problems at Eden from
occurring in the future, (b) provide specific notice, repair and
replacement procedures in the event damage to an outer burial
container is discovered in the future, and (c) to disclose to
future customers the risk of damage to outer burial containers in
making adjacent interments:
1. Prior to
excavation of a new grave, Eden will probe the grave to determine
if there is sufficient space to safely dig a new grave without
damaging adjacent outer burial containers. If there is insufficient
space, the excavation will not go forward.
2. Should Eden
excavate a grave next to what is determined from its records to be
a sectional outer burial container, Eden will take such precautions
as are reasonably necessary in its judgment to perform the
excavation and burial safely and appropriately, including shoring
of the grave or other appropriate reinforcement methods.
3. If during an
excavation of a new grave, Eden causes or discovers an adjacent
outer burial container that has been damaged (e.g. cracked, broken,
etc.) as determined by Eden, Eden will use its best efforts to
notify the next of kin of the deceased in the affected outer burial
container and offer to replace it free of charge. If Eden is
unable to contact the next of kin within a reasonable time, it will
make appropriate repairs to the affected outer burial container
prior to making the adjacent new interment. Eden will also
make a record of the damage and repair in its permanent
records.
4. Eden will
conspicuously disclose (in bold type) in its Purchase Contracts and
Interment Authorization Forms for Eden, the following:
"The digging of a grave may cause damage to an outer burial
container in an adjacent grave. If the outer burial container
is damaged by such digging, then the cemetery will use its best
efforts to notify the next of kin as reflected in the cemetery's
records. The cemetery will repair the damage if possible, or
replace the outer burial container free of charge at the request of
the next of kin."
5. A Rabbi
approved by Plaintiffs will be allowed to conduct a
re-sanctification ceremony at Eden in accordance with Jewish
law.
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- What am I giving up in exchange for the Settlement benefits?
If the Settlement becomes final, Class members will be releasing
Defendants from all claims arising out of or in connection with the
claims alleged in this lawsuit.
The release is further described and identified in the Settlement
Agreement available for download under the Case Documents tab
above. The Settlement Agreement describes the released claims with
specific descriptions, in necessarily accurate legal terminology,
so read it carefully. You can talk to one of the lawyers
listed as Class Counsel in Question 9 for free or you can, of
course, talk to your own lawyer if you have questions about the
released claims or what they mean.
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- How can I receive the monetary benefits available under this Settlement?
In order to obtain the monetary benefits available under this
Settlement, you must submit a completed and signed Claim Form to
the Claims Administrator by June 5, 2014.
A copy of the Claim Form was included with this notice, along with
a pre-addressed, postage pre-paid envelope. In addition, you
can submit a Claim Form online at www.edenclassaction.com.
To be valid, a mailed Claim Form must be postmarked no later than
June 5, 2014. An online Claim Form must be submitted by 11:59
p.m. (Pacific Standard Time) on June 5, 2014 at www.edenclassaction.com.
All mailings to the Claims Administrator should be addressed
to:
Claims Administrator for Eden Class Action
c/o Gilardi & Co., LLC
P.O. Box 8060
San Rafael, California 94912-8060
In the Claim Form, you will be asked to include your name and
contact information, and identify each grave for which you are
submitting claims. The Claims Administrator may contact you
and request further information or documents to identify the
graves, or otherwise verify your claims.
If you are asserting claims on behalf of a deceased person, you
will be required to provide certain information under oath
including:
(A) The decedent's name;
(B) Your relationship to the
decedent;
(C) A statement that you are
authorized to act on behalf of the decedent;
(D) A statement that
either:
(1) No other family
member or other person has the same or superior right to act on
behalf of the decedent; or,
(2) You have the
permission to submit a claim on behalf of the decedent even though
there are others family members or persons who have the same or
superior rights to represent the decedent; and
(E) You agree to indemnify
and hold harmless any of the Parties and the Claims Administrator
for any misstatements made in the Claim Form.
If you are submitting a claim on behalf of other surviving family
members, you will be responsible for sharing the money with those
family members, unless they submit their own Claim Form.
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- When will I get my check?
Checks will be mailed to Class members who submit valid claim
forms on time, after the Court grants "final approval" of the
Settlement, and after the time for appeals has ended and any
appeals have been resolved. Even if the judge approves the
Settlement after a hearing on May 15, 2014. (See the section "The
Court's Fairness Hearing" below), there may be appeals.
Resolving these appeals can take time. Please be patient.
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- If I exclude myself, can I get anything from the Settlement?
If you exclude yourself now you will not receive any of the
monetary benefits from the Settlement, you will not receive a
payment, and you cannot object to the Settlement. But you may
sue, continue to sue, or be part of a different lawsuit against the
Defendants in the future. You will not be bound by anything
that happens in this lawsuit.
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- If I don’t exclude myself, can I sue later?
No. Unless you Request to Exclude yourself from the Class
in writing by May 6, 2014, you will give up the right to sue
Defendants for the claims that this Settlement resolves.
Indeed, you must exclude yourself from this Class to start or
continue your own lawsuit.
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- How do I get out of the Settlement?
To exclude yourself from the Settlement, you must send a letter
to the Claims Administrator by mail saying that you want to be
excluded from the Eden Class Action. The letter must: 1) be signed
by you; 2) include your full name, address and telephone number; 3)
must identify the grave(s) as to which you would otherwise be
making a claim in this Settlement, and 4) must include the
following statement: "I request to be excluded from the
settlement in the Eden Class Action." You must mail your
exclusion request postmarked no later than May 6, 2014 to the
Claims Administrator at the following address:
Claims
Administrator for Eden Class Action
c/o Gilardi & Co., LLC
P.O. Box 8060, San Rafael
CA 94912-8060
Requests for Exclusion that do not include all required
information and/or that are not submitted on a timely basis will be
deemed null, void, and ineffective. If you submitted a timely
yet insufficient Request for Exclusion, the Claims Administrator
will attempt to contact you. We ask that you cooperate with the
Claims Administrator to achieve your desired result in connection
with this Settlement. Class Members who fail to submit a
valid and timely Request for Exclusion on or before the Exclusion
Deadline of May 6, 2014 shall be bound by all terms of the
Settlement and any Final Judgment entered in this Litigation if the
Settlement is approved by the Court, regardless of whether they
ineffectively or untimely requested exclusion from the
Settlement.
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- Do I have a lawyer in the case?
The Court has designated the law firm of
EAGAN AVENATTI, LLP to represent you as "Class Counsel".
You will not be charged for these lawyers. If you want
to be represented by another lawyer, you may hire one to appear in
Court for you at your own expense.
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- How will the costs of the lawsuit and Settlement be paid?
Class Counsel will submit an Application for Attorneys Fees and
Costs to be heard at the Final Approval Hearing. Under the
Settlement, Class Counsel may seek an award of attorneys' fees and
reimbursement of expenses in a combined amount not to exceed
$23,500,000.00 for their efforts on prosecuting and funding the
expenses associated with this action for over four years.
Class Counsel will also make an application to the Court to be
heard at the Final Approval Hearing for an award of incentive
payments for the Class Representatives in the amount of up to
$20,000.00 each in order to compensate them for the significant
time and effort they incurred representing the Class. The
Defendants have agreed not to oppose these requests.
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- How do I tell the Court if I don’t like the Settlement?
You can object to the Settlement if you don't like some or all
of it. You must give the reasons why you think the Court
should not approve it. To object, you must provide a written
objection to the Settlement, stating: (a) that you object to
the settlement in the Eden Class Action; (b) your name,
address, telephone number and signature; (c) a detailed statement
of your specific objections, (d) state the grounds for such
objections, and (e) identify all documents which you desire the
Court to consider. In order to assert a valid objection, it
MUST BE filed with the Court and mailed to the Claims Administrator
and the Parties' counsel at the addresses below postmarked no later
than April 7, 2014:
| Administrator |
| Gilardi & Co., LLC |
| P.O. Box 8060 |
| San Rafael, California 94912-8060 |
| Court |
| Hon. Daniel Buckley |
| Superior Court, Los Angeles County |
| Stanley Mosk Courthouse, Dept. 1 |
| 111. N. Hill St. |
| Los Angeles, California 90012 |
| Class Counsel |
| Michael J. Avenatti, Jason M. Frank, Scott H. Sims |
| Eagan Avenatti, LLP |
| 450 Newport Center Dr., Suite 200 |
| Newport Beach, CA 92660 |
| Defense Counsel |
| Steven H. Grunee |
| Gurnee Mason & Forestiere |
| 2240 Douglas Blvd., Suite 150 |
| Roseville, CA 95661 |
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- What’s the difference between objecting and excluding?
Objecting is simply telling the Court that you don't like
something about the Settlement. You can object only if you
stay in the Class. Excluding yourself is telling the Court that you
do not want to be part of the Class. If you exclude yourself, you
have no basis to object because the case no longer affects you.
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- When and where will the Court decide whether to approve the Settlement?
The Court will hold a Fairness Hearing at 9:00 a.m.(PST) on May
15, 2014, in Department 1 of the Superior Court, Los Angeles
County, 111 N. Hill Street, Los Angeles, CA 90012. The hearing may
be moved to a different date or time without additional notice, so
it is a good idea to return to this website frequently for any
changes. At this hearing, the Court will consider whether the
Settlement is fair, reasonable, and adequate, and determine the
amount of attorneys' fees, costs and incentive awards. If there are
objections, the Court will consider them. The judge will only
listen to people who have asked to speak at the hearing (see
Question 21). After the hearing, the Court will decide
whether to approve the Settlement. The case has been approved in
its entirety as of 5/15/2014.
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- Do I have to come to the hearing?
No. Class Counsel will answer any questions the judge may
have. But, you are welcome to come at your own expense. If
you send an objection, you may but do not have to come to the
hearing to talk about it. As long as you mailed your written
objection on time, it will be considered by the Court. You may also
pay another attorney to attend, but it is not required.
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- May I speak at the hearing?
You may ask the Court for permission to speak at the Fairness
Hearing, but to do so you must send a letter saying that it is your
"Notice of Intent to Appear in Eden Class Action." Be sure to
include your name, address, telephone number, and your
signature. Your Notice of Intent to Appear must be postmarked
no later than April 7, 2014 and be sent to the addresses listed in
Question 17. You cannot speak at the hearing if you excluded
yourself from the Class.
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- What happens if I do nothing at all?
If you are a Class member and do nothing, you will not receive a
monetary payment from this Settlement. And, unless you
exclude yourself, you won't be able to start a lawsuit, continue
with a lawsuit, or be part of any other lawsuit against any
Defendant about the claims in this case.
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- How do I get more information?
The Notice summarizes the proposed Settlement. More
details are in the Settlement Agreement. You can get a copy
of the Settlement Agreement, download a Claim Form and review
additional case information under the Case Documents tab above, or
by reviewing the Frequently Asked Questions.
Any questions regarding this notice should be directed to the
Claims Administrator, at Gilardi & Co., LLC, P.O. Box
8060, San Rafael, CA 94912-8060 or 1-888-211-8314.
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- Has the case been approved?
Yes, the case has been approved in its entirety as of
5/15/2014.
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