Community Funeral Services, Inc. v. City of Los Angeles
Judge Mary Strobel
Hearing: January 21, 2021
19STCP05612
Tentative Decision on Demurrer to Second, Third, and Fourth Causes of Action in First Amended Petitioner and Complaint
Respondent City of Los Angeles (“Respondent” or “City”) demurs to the second, third, and fourth causes of action in the first amended petition (“FAP”) of Petitioner Community Funeral Services, Inc. (“Petitioner” or “CFS”) for failure to state a cause of action.
Judicial Notice
Respondent’s RJN Exhibits A-G – Granted.
Petitioner’s RJN Exhibits A-E – Granted.
Respondent’s Reply RJN Exhibit A – Granted.
Background
As relevant to the demurrer, the FAP includes the following allegations:
“Petitioner is the owner of an historic property that has housed crematory, chapel, columbarium, and funeral and viewing services uses for 115 years. These interrelated uses were allowable by-right until the 1940s, and continues to enjoy legal, non-conforming use prot
Hearing Date
January 21, 2021
Type
Other Writ /Judicial Review (General Jurisdiction)
For full print and download access, please subscribe at https://www.trellis.law/.
Community Funeral Services, Inc. v. City of Los Angeles
Judge Mary Strobel
Hearing: January 21, 2021
19STCP05612
Tentative Decision on Demurrer to Second, Third, and Fourth Causes of Action in First Amended Petitioner and Complaint
Respondent City of Los Angeles (“Respondent” or “City”) demurs to the second, third, and fourth causes of action in the first amended petition (“FAP”) of Petitioner Community Funeral Services, Inc. (“Petitioner” or “CFS”) for failure to state a cause of action.
Judicial Notice
Respondent’s RJN Exhibits A-G – Granted.
Petitioner’s RJN Exhibits A-E – Granted.
Respondent’s Reply RJN Exhibit A – Granted.
Background
As relevant to the demurrer, the FAP includes the following allegations:
“Petitioner is the owner of an historic property that has housed crematory, chapel, columbarium, and funeral and viewing services uses for 115 years. These interrelated uses were allowable by-right until the 1940s, and continues to enjoy legal, non-conforming use prot