In the case of Trident Society, Inc. versus Cemetery and Funeral Bureau in the Court of Appeal of the State of California, Third Appellate District (Sacramento), with court case ID C098017 filed on March 21, 2024, Trident Society is appealing a judgment from the Superior Court of Sacramento County. The case revolves around a dispute over preneed agreements or contracts for funeral services and merchandise not immediately required.
Trident Society, represented by attorneys Steven H. Gurnee, Candace H. Shirley from Gurnee, Mason, Rushford, Bonotto & Forestiere and Winston Y. Chan and Elizabeth K. McCloskey from Gibson, Dunn & Crutcher, had been excluding money paid for merchandise delivered as part of a package that included preneed cremation services from the trust requirement. On the other hand, Cemetery and Funeral Bureau defended by Rob Bonta (Attorney General), Carl W. Sonne (Assistant Attorney General), Joshua A. Room and Christopher M. Young (Deputy Attorneys General) interprets this practice as prohibited.
The plaintiff argues that section 7741 exempts its contract selling merchandise from the trusting requirement because they delivered the merchandise. However, according to the defendant's interpretation of The Short Act (Bus. & Prof. Code,! § 7735 et seq.), all money paid under and collateral to a preneed contract must be held in trust.