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BAUDINO v. SCI CALIFORNIA FUNERAL SERVICES, INC.

No. B195664.

169 Cal.App.4th 773 (2008)

MARY L. BAUDINO, Plaintiff and Appellant, v. SCI CALIFORNIA FUNERAL SERVICES, INC., et al., Defendants and Respondents.

Court of Appeals of California, Second District, Division Three.

December 23, 2008.

Attorney(s) appearing for the Case

Kiesel Boucher Larson, Paul R. Kiesel, Patrick DeBlase, Michael C. Eyerly; Baron & Budd, Kevin D. McHargue, Sharon D. Bautista and Sean R. Cox for Plaintiff and Appellant.

Haight Brown & Bonesteel, William G. Baumgaertner, Stephen M. Caine; Gurnee & Daniels, Steven H. Gurnee and John A. Mason for Defendants and Respondents.

Jones, Walker, Waechter, Poitevent, Carrére & Denégre, David G. Radlauer; Howrey, Robert E. Gooding, Jr., and Shawn M. Kennedy for Stewart Enterprises, Inc., as Amicus Curiae on behalf of Defendants and Respondents.

OPINION

ALDRICH, J. —

I.

INTRODUCTION

After her father died, plaintiff and appellant Mary L. Baudino (Baudino) obtained funeral goods and services from a mortuary. Thereafter, she filed this lawsuit against the mortuary alleging it did not abide by the Federal Trade Commission's "Funeral Rule," 16 Code of Federal Regulations parts 453.1 to 453.9 (2008), and specifically...

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