Quimbee logo
DMCA.com Protection Status

Binns v. Westminster Memorial Park

171 Cal. App. 4th 700 (2009)

Case BriefRelatedOptions
From our private database of 32,200+ case briefs...

Binns v. Westminster Memorial Park

California Court of Appeal, Fourth District

171 Cal. App. 4th 700 (2009)

Facts

In 1977, Kenneth Binns’s (plaintiff) mother purchased a burial plot for Binns’s deceased father in Westminster Memorial Park (Westminster) (defendant) cemetery. Binns’s mother subsequently purchased three more burial plots adjacent to the first plot. Binns’s mother intended the additional three plots to be used for her, Binns, and either Binns’s spouse or his brother. Binns’s mother died in 1986 and was buried next to her husband in Westminster. Binns went to visit his parents’ graves in 2005 and discovered that Maria Vallejo was buried in the plot next to his mother’s that had been intended for Binns. When Binns saw that a stranger was buried in his own plot, Binns felt as though he were struck by lightning, and began trembling. He immediately notified Westminster. Westminster removed Vallejo from Binns’s plot and reinterred her in a different burial plot. When Binns learned that Vallejo’s remains had to be disturbed in order to move her to another plot, Binns felt that his own burial plot was desecrated because Vallejo’s soul had been disturbed. Binns suffered cold sweats, loss of appetite, and nightmares because of Westminster’s mistake. Binns sued Westminster for the negligent infliction of emotional distress. The trial court found in favor of Binns, awarding him damages. Westminster appealed.

Rule of Law

Issue

Holding and Reasoning (Aronson, J.)

Dissent (Bedsworth, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 585,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 585,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 32,200 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 585,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 32,200 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership