California Cremation Services Disputes Demand Letter

DEMAND FOR DAMAGES - CREMATION SERVICES VIOLATION [Your Name] [Your Address] [City, CA ZIP] [Phone] [Email] [Date] VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED [Crematory/Funeral Home Name] [Business Address] [City, CA ZIP] Re: Demand for Damages - Cremation Services Violation Decedent: [Deceased's Full Name] Date of Death: [Date of Death] Date of Cremation: [Date of Cremation] Contract/Case Number: [Reference Number] Dear [Owner/Manager Name or "To Whom It May Concern"]: I am writing to formally demand compensation for your facility's serious violation of California cremation laws and the profound emotional harm you have caused me and my family in connection with the cremation of [Deceased's Name]. BACKGROUND: On [Date], I engaged your facility to provide cremation services for my [relationship - e.g., "mother," "husband," "father"], [Deceased's Name], who passed away on [Date of Death]. I paid $[Amount] for these services and completed all required documentation. VIOLATION: [Describe the specific violation - choose/modify applicable section:] [ ] UNAUTHORIZED CREMATION: Your facility performed cremation on [Date] without obtaining proper written authorization as required by California Health & Safety Code Section 7054.6. [Explain: e.g., "Authorization was never obtained from me as the surviving spouse," or "Authorization was improperly obtained from my sibling when I, as the surviving spouse, have legal priority," or "Cremation was performed before the required waiting period."] [ ] WRONG REMAINS RETURNED: On [Date], I received cremated remains that I have reason to believe are not those of [Deceased's Name]. [Explain basis: e.g., "The weight of remains is inconsistent," "Physical characteristics do not match," "DNA testing has confirmed these are not my loved one's remains."] This indicates a catastrophic failure in your chain of custody and identification procedures. [ ] LOST/MISHANDLED CREMAINS: Your facility has [lost/damaged/failed to deliver] the cremated remains of [Deceased's Name]. Despite repeated requests since [Date], you have failed to [locate/return/explain what happened to] my loved one's remains. [ ] PRICE FRAUD: Your facility charged $[Amount Charged] when the quoted/contracted price was $[Quoted Amount]. You [added unauthorized fees/failed to provide itemized pricing/misrepresented services] in violation of the FTC Funeral Rule and California law. LEGAL VIOLATIONS: Your conduct violates: - California Health & Safety Code Section 7054.6 (cremation authorization requirements) - California Health & Safety Code Section 8345 (crematory permit and record requirements) - California Business & Professions Code (Cemetery and Funeral Bureau regulations) - Common law duties of care in handling human remains - FTC Funeral Rule (16 CFR Part 453) DAMAGES: As a direct and proximate result of your negligence and/or willful misconduct, I have suffered: 1. Severe emotional distress, grief, anguish, and psychological trauma from the knowledge that my loved one's remains were [describe: mishandled/commingled/lost/cremated without authorization] 2. Loss of the ability to properly memorialize and honor [Deceased's Name] 3. Out-of-pocket expenses of $[Amount] for [DNA testing/additional services/investigation costs] 4. The original cremation services fee of $[Amount] for services not properly performed DEMAND: I hereby demand compensation in the total amount of $[Total Amount], itemized as follows: - Emotional distress damages: $[Amount] - Refund of cremation services fee: $[Amount] - Out-of-pocket expenses: $[Amount] - [Additional items as applicable] Please respond to this demand in writing within fifteen (15) days. If I do not receive a satisfactory response, I will: 1. File a formal complaint with the California Cemetery and Funeral Bureau 2. Report this matter to the California Attorney General's Office 3. Pursue all available civil remedies, including claims for punitive damages 4. [If applicable: Proceed with litigation already being prepared] Given the egregious nature of this violation and the permanent, irreversible harm caused, punitive damages may be substantial. Please direct all communications to me at the address above. Sincerely, _______________________________ [Your Signature] [Your Printed Name] Enclosures: - Copy of cremation authorization form (if obtained) - Copy of contract/receipt - [DNA test results, if applicable] - [Photographs of remains/container, if applicable] - [Correspondence with facility] - [Other supporting documentation] cc: California Cemetery and Funeral Bureau [Attorney name, if represented]