Eagan O’Malley & Avenatti, LLP (“EOA”) has been aggressively pursuing this matter on a near daily basis during the last eight months. For instance, since the filing of the class action on September 10, 2009, we have deposed seventeen (17) current and former employees of Eden Memorial Park Cemetery/Service Corporation International (“SCI”). And we are scheduled to complete an additional ten (10) depositions before the end of March. A deposition is an opportunity for attorneys, on behalf of their clients, to question a witness under oath similar to the questioning that occurs at a trial.
The depositions completed thus far in this case have unfortunately confirmed our worst fears. The evidence indicates there has been a pervasive practice of grave disturbances and desecrations at Eden Memorial Park Cemetery spanning an approximate 30 year time period. A number of groundskeepers and supervisors have admitted under oath they routinely damaged and broke burial vaults containing human remains, sometimes as much as two to three times per week. These groundskeepers and supervisors have further admitted that many times this would cause human remains, including bones, to spill out of the broken burial vaults. According to the sworn testimony, the groundskeepers were often instructed by the cemetery to discard any remaining bones, pieces of burial shrouds or broken casket remnants in the cemetery dump located at the northern most section of the cemetery.
Because the practice was pervasive, the cemetery did not keep records of which burial vaults were broken. Moreover, because the vaults are buried under ground, it is impossible to visually identify, from above the ground, which graves were disturbed. There are, however, non-invasive procedures available to allow family members to identify broken vaults without disturbing the decedent’s grave and we are consulting with experts about the possible use of these procedures.
At our request, the Court has scheduled a preliminary injunction hearing or “mini-trial,” on April 7 and 8, 2010. In connection with this hearing, we are requesting, among other things, that the Court appoint a third party expert to supervise all new internments on a going forward basis in an effort to prevent future grave disturbances. We will be presenting significant evidence, including sworn testimony, to the Court at the hearing, which will begin each day at 9:30 am and continue until 4:30 pm in Department 309 of the Los Angeles Superior Court, Central Civil West Courthouse, located at 600 S. Commonwealth Avenue, Los Angeles, California 90005. The hearing is open to the public.
Information Current As Of February 18, 2010