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$1-Million Settlement Possible in Lawsuit Against Mortuaries

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A Los Angeles court commissioner tentatively approved a $1-million settlement Thursday between about 25 mortuaries and thousands of family members whose relatives’ remains were mishandled at a Carson cemetery.

A class-action lawsuit was filed two years ago against the cemetery--Lincoln Memorial Park--and the roughly 25 mortuaries that did business with it.

For the record:

12:00 a.m. Oct. 29, 1998 For the Record
Los Angeles Times Thursday October 29, 1998 Home Edition Metro Part B Page 3 Metro Desk 2 inches; 40 words Type of Material: Correction
Cemetery lawsuit--An item in the Sept. 25 editions of The Times regarding Lincoln Memorial Park of Carson settling a class-action lawsuit contained allegations by plaintiffs that the remains of relatives were mishandled. The Times has no evidence that the remains were mishandled.

The thousands of family members who filed the lawsuit alleged that headstones were removed from grave sites, that bodies were taken from graves and crypts and the spaces resold, and that shoddy records were kept.

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Some plaintiffs complained Thursday that they were not properly notified of the hearing and that the settlement amount was too small.

But Mike Arias, the lead defense attorney, said the settlement represents only a small part of the overall lawsuit.

“The claim against the mortuaries is just one aspect of the lawsuit,” Arias said.

“The major aspect of the lawsuit--against Lincoln Memorial Park--is still pending.”

Superior Court Commissioner Bruce Mitchell expressed concern that many plaintiffs may have been unaware of Thursday’s hearing and unable to voice objections to the settlement.

Meanwhile, settlement talks between the plaintiffs and the cemetery are ongoing, according to attorneys.

Mitchell set another hearing date for Oct. 28 to discuss attorneys’ fees and other matters.

Final approval of the settlement involving the mortuaries, he said, would be contingent on whether the plaintiffs were properly notified and could respond.

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