Trial Magazine

Yvette Diaz’s newborn daughter died unexpectedly a day after she was born. The child’s body was transferred to the Los Angeles County coroner’s office, which later called Diaz to obtain her contact information and additional details about the events preceding her child’s death. Just over a month later, Diaz received a voicemail from the coroner’s office, asking her to contact them at her convenience. The coroner sent Diaz a letter the following month and informed her that her child’s remains had been cremated.

Diaz suffered emotional distress resulting from her inability to bury her child in accordance with her religion.

She sued the county, alleging violation of California Health & Safety Code §7104.1, which requires timely notification before the coroner may cremate a person’s remains. The plaintiff charged that the defendant failed to notify her of the impending cremation in writing and that a general voicemail was insufficient notice.

The defense asserted that Diaz had failed to make funeral arrangements for her child.

The jury awarded $1.1 million, finding Diaz 45 percent liable.

Citation: Diaz v. Cnty. of Los Angeles, No. BC656353 (Cal. Super. Ct. Los Angeles Cnty. Oct. 26, 2018).

Plaintiff counsel: AAJ members Christopher Montes de Oca and Eseigbe A. Omofoma, both of Los Angeles.

Plaintiff experts: Ching Shih, psychiatry, Monterey Park, Calif.; David Lechuga, counseling, Lake Forest, Calif.; and Bennet Omalu, pathology, Stockton, Calif.

Defense expert: Tat Cheung, counseling, Monterey Park.