Law Offices of Dilip Vithlani Announces Lawsuit Against Glendora Mortuary for Reneging on Agreement with Azusa Senior Citizen
Oakdale Memorial Services accused of denying 79-year-old plaintiff his contractual right to be buried next to his wife; Litigation has already begun.
Norwalk, Calif. (PRWEB) November 4, 2008 -- The Law Offices of Dilip Vithlani A PC, a Norwalk, Calif.-based sole practitioner, announced that it has agreed to represent plaintiff Mr. Jesse Alva, who filed a complaint in Los Angeles Superior Court in Pomona (Case No. KC 051925) against SCI Funeral Services, dba Oakdale Memorial Services (SCI) of Glendora California, for taking $15,494.36 in cash from Mr. Jesse Alva.
Mr. Alva, a 79-year-old long time resident of Azusa, California, paid SCI $15,494.36 in 1999 for a double couch crypt for his wife and himself, and to date, SCI has and continues to refuse to allow Mr. Alva to transfer his wife from a temporary crypt where she has been interred since her death in May of 1999.
Trouble started in 2005 when Alva learned that the crypt SCI promised would be built and made available to him was not going to be available. After SCI repeatedly refused to listen to him, on December 11, 2007 Alva (while representing himself) filed a complaint in Los Angeles Superior Court, East District in Pomona, Case No. KC 051 925, according to The Law Offices of Vithlani Law. The case has been assigned to Hon. Peter J. Meeka in Department "O".
The complaint seeks unspecified damages and states causes of action for Breach of Contract; Breach of Covenant of Good Faith and fair Dealing; Intentional Infliction of Emotional Distress; Fraud and Intentional Misrepresentation; Violation of Consumer Legal remedies Action (Civil Code §§ 1750 et seq.); Elder Abuse; and finally, Fraud.
The Law Offices of Vithlani Law stated that in response to the complaint, instead of acknowledging its error, SCI demanded that Alva submit his dispute to private and binding arbitration where Alva would be required to pay a private judge to hear his grievance against SCI and even if Alva prevailed, his recovery would be limited to $100.00. When Alva refused to submit to arbitration, SCI filed papers with the court that sought to compel Alva to submit his complaint to binding arbitration.
On August 14, 2008, Hon. Peter Meek of Pomona Court denied SCI's request to compel Alva to submit his complaint to binding arbitration finding that the agreement was unconscionable as a matter of law.
"Requiring clients to submit any disputes with SCI to binding arbitration using contracts that limit any award to $100.00 is unconscionable," Vithlani said. "I am pleased that the Court agreed and has now denied SCI's motion to submit Alva's complaint to arbitration."
Alva's case is set to go before a jury on February 23, 2009.
About The Law Offices of Vithlani Law:
Established in 1999 and based in Norwalk, Calif., The Law Offices of Dilip Vithlani is a full-service legal practice that focuses on employment and real property law. For more information, please call (562) 807-6460 or via e-mail at dilip @ vithlanilaw.com.
CONTACT:
Profundity Communications, on behalf of Vithlani Law
Joe Bowerbank
949.378.9685
jbowerbank @ yahoo.com
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