Holy Cross Mortuary of Culver City v. Garau


Filed 3/9/11 Holy Cross Mortuary of Culver City v. Garau CA2/2




NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS


California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.



IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION TWO

HOLY CROSS MORTUARY OF CULVER CITY, CALIFORNIA, INC. Plaintiff and Respondent, v. CARLOS GARAU, Defendant and Appellant; CRISTOBAL GARAU, Defendant and Respondent.

B225434 (Los Angeles County Super. Ct. No. SS019261)

APPEAL from an order of the Superior Court of Los Angeles County.
Jacqueline Connor, Judge. Affirmed.

Olga H. Garau for Defendant and Appellant.

Law Office of E. Thomas Chavez and E. Thomas Chavez for Defendant and Respondent.

Bradley & Gmelich, Jonathan A. Ross and Arnold S. Levine for Plaintiff and Respondent.
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This appeal arises out of a dispute between two brothers, Carlos Garau (Carlos) and Cristobal Garau (Cristobal),^[1] over control of their deceased mother's (the decedent) remains. Caught in the middle of this dispute, Holy Cross Mortuary of Culver City, California, Inc. (Holy Cross) brought a petition pursuant to Health and Safety Code section 7105, subdivision (c),^[2] seeking an order determining whether Carlos or Cristobal had the right to control the decedent's remains. The trial court issued an order granting Holy Cross's petition and appointed Cristobal â€