BEFORE THE DEPARTMENT OF CONSUMER AFFAIRS

FOR THE CEMETERY AND FUNERAL BUREAU STATE OF CALIFORNIA

In the Matter of the Accusation Against: Case No. A1 2014 274

OAKWOOD CEMETERY ASSOCIATION OF LOS ANGELES AKA OAKWOOD MEMORIAL PARK 22601 Lassen St. Chatsworth, CA 91311 Certificate of Authority License No. COA 93

Respondent.

DECISION AND ORDER

The attached Stipulated Settlement and Disciplinary Order is hereby adopted by the

Director of Consumer Affairs and the Cemetery and Funeral Bureau as the Decision and Order in

the above entitled matter.

This Decision shall become effective on January 14 polce. It is so ORDERED December 16, 2015.

DOREATHEA JOHNSON Deputy Director, Legal Affairs Department of Consumer Affairs

KAMALA D. HARRIS Attorney General of California THOMAS L. RINALDI N Supervising Deputy Attorney General DESIREE TULLENERS W Deputy Attorney General State Bar No. 157464 300 So, Spring Street, Suite 1702 Los Angeles, CA 90013 Telephone: (213) 897-2578 Facsimile: (213) 897-2804

Attorneys for Complainant

BEFORE THE DEPARTMENT OF CONSUMER AFFAIRS

9 FOR THE CEMETERY AND FUNERAL BUREAU STATE OF CALIFORNIA

10

11

In the Matter of the Accusation Against: Case No. A1 2014 274 12

OAKWOOD CEMETERY ASSOCIATION STIPULATED SETTLEMENT AND 13

14

OF LOS ANGELES AKA OAKWOOD MEMORIAL PARK 22601 Lassen St.

DISCIPLINARY ORDER

15 Chatsworth, CA 91311 Certificate of Authority License No. COA 93

16 Respondent.

17

18 IT IS HEREBY STIPULATED AND AGREED by and between the parties to the above-

19 entitled proceedings that the following matters are true:

20 PARTIES

21 1. Lisa M. Moore ("Complainant") is the Bureau Chief of the Cemetery and Funeral

22 Bureau. She brought this action solely in her official capacity and is represented in this matter by

23 Kamala D. Harris, Attorney General of the State of California, by Desiree Tulleners, Deputy

24 Attorney General.

25 2. Respondent Oakwood Cemetery Association of Los Angeles aka Oakwood Memorial

26 Park ("Respondent") is representing itself in this proceeding and has chosen not to exercise its

27 right to be represented by counsel.

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STIPULATED SETTLEMENT (A1 2014 274)

3. On or about May 1, 1950, the Cemetery and Funeral Bureau issued Certificate of

Authority License No. COA 93 to Oakwood Cemetery Association of Los Angeles aka Oakwood N

Memorial Park. The Certificate of Authority License was in full force and effect at all times w

relevant to the charges brought in Accusation No. A1 2014 274 and will expire on January 1,

2016, unless renewed. u

JURISDICTION

4. Accusation No. Al 2014 274 was filed before the Director of Consumer Affairs

00 (Director), for the Cemetery and Funeral Bureau (Bureau), and is currently pending against

Respondent. The Accusation and all other statutorily required documents were properly served

10 on Respondent on June 1, 2015. Respondent timely filed its Notice of Defense contesting the

11 Accusation.

12 5. A copy of Accusation No. Al 2014 274 is attached as exhibit A and incorporated

13 herein by reference.

14 ADVISEMENT AND WAIVERS

15 6. Respondent has carefully read, and understands the charges and allegations in

16 Accusation No. A1 2014 274. Respondent has also carefully read, and understands the effects of

17 this Stipulated Settlement and Disciplinary Order.

18 7. Respondent is fully aware of its legal rights in this matter, including the right to a

19 hearing on the charges and allegations in the Accusation; the right to be represented by counsel at

20 its own expense; the right to confront and cross-examine the witnesses against them; the right to

21 present evidence and to testify on its own behalf; the right to the issuance of subpoenas to compel

22 the attendance of witnesses and the production of documents; the right to reconsideration and

23 court review of an adverse decision; and all other rights accorded by the California

24 Administrative Procedure Act and other applicable laws.

25 8. Respondent voluntarily, knowingly, and intelligently waives and gives up each and

26 every right set forth above.

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STIPULATED SETTLEMENT (A1 2014 274)

CULPABILITY

. 9. Respondent admits the truth of each and every charge and allegation in Accusation N

No. A1 2014 274. w

10. Respondent agrees that its Certificate of Authority License is subject to discipline and A

they agree to be bound by the Director's probationary terms as set forth in the Disciplinary Order

below.

CONTINGENCY

0o 11. This stipulation shall be subject to approval by the Director of Consumer Affairs or

the Director's designee. Respondent understands and agrees that counsel for Complainant and the

10 staff of the Cemetery and Funeral Bureau may communicate directly with the Director and staff

11 of the Department of Consumer Affairs regarding this stipulation and settlement, without notice

12 to or participation by Respondent. By signing the stipulation, Respondent understands and agrees

13 that they may not withdraw its agreement or seek to rescind the stipulation prior to the time the

14 Director considers and acts upon it. If the Director fails to adopt this stipulation as the Decision

15 and Order, the Stipulated Settlement and Disciplinary Order shall be of no force or effect, except

16 for this paragraph, it shall be inadmissible in any legal action between the parties, and the

17 Director shall not be disqualified from further action by having considered this matter.

18 12. The parties understand and agree that Portable Document Format (PDF) and facsimile

19 copies of this Stipulated Settlement and Disciplinary Order, including Portable Document Format

20 (PDF) and facsimile signatures thereto, shall have the same force and effect as the originals.

21 13. This Stipulated Settlement and Disciplinary Order is intended by the parties to be an

22 integrated writing representing the complete, final, and exclusive embodiment of their agreement.

23 It supersedes any and all prior or contemporaneous agreements, understandings, discussions,

24 negotiations, and commitments (written or oral). This Stipulated Settlement and Disciplinary

25 Order may not be altered, amended, modified, supplemented, or otherwise changed except by a

26 writing executed by an authorized representative of each of the parties.

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STIPULATED SETTLEMENT (A1 2014 274)

14. In consideration of the foregoing admissions and stipulations, the parties agree that

N the Director may, without further notice or formal proceeding, issue and enter the following

W Disciplinary Order:

DISCIPLINARY ORDER

IT IS HEREBY ORDERED that Certificate of Authority License No. COA 93 issued to U

Respondent Oakwood Cemetery Association of Los Angeles aka Oakwood Memorial Park is

revoked. However, the revocation is stayed and Respondent is placed on probation for two (2)

years on the following terms and conditions.

1. Obey All Laws. Respondent shall comply with all conditions of probation and obey

10 all federal, state and local laws, and all rules and regulations governing the programs regulated by

11 the department.

12 2. Quarterly Reports. Respondent shall submit quarterly declarations under penalty of

13 perjury, in a format designated by the department, stating whether or not Respondent has been in

14 compliance with all the conditions of probation. Respondent shall also submit such additional

15 written reports and verifications of actions requested by the department. Should the final

16 probation report not be made as directed, the period of probation shall be extended until such time

17 as the final report is made.

18 3. Interview with Department Representative. As necessary, Respondent shall

19 appear in person for scheduled interviews with the director or other designated representative for

20 the purpose of monitoring compliance with the terms of this decision.

21 4. Out-of-State Residence or Operation. Should Respondent leave California to

22 reside or operate outside this state, Respondent must notify the department in writing of the dates

23 of departure and return. Reporting in person may be waived if the Respondent moves out of the

24 state. However, Respondent shall continue compliance with other terms of probation to retain

25 California licensure. Periods of residency, business operation or employment outside California

26 shall not reduce the probationary period.

27 5. Completion of Probation. Upon successful completion of probation, Respondent's

28 license will be fully restored.

STIPULATED SETTLEMENT (A1 2014 274)

Violation of Probar

opportunity to be heard, may revoke probation and carry out the disciplinary order which

stayed. Iten Accusation of Petition to RevokisProbation fa

probation, the department shall have continuing jurisdiction until the matter is final. and the

probation shall be extended until the matter is final

7License Issued During Probation. Any license or registration issued to Respondent

by the department during the period of probation shall be issued as a probationary license or

registration and is subject to all the terms and conditions set forth herein, Respondent must

10 comply with terms and conditions herein and demonstrate no cause for disciplinary action or

denial of an application.

12 Cost Recovery. Respondent shall pay the department's actual and reasonable costs

13 of investigation and enforcement of this matter in the amount of $1,450. Said amount shall be

paid within 12 months. Probation shall not terminate until full payment has been made

15 Respondent's license shall not be renewed until the cost recovery has been paid in full or

16 Respondent is otherwise in compliance with a payment plan approved by the department

ACCEPTANCE 178

18 I have carefully read the Stipulated Settlement and Disciplinary Order, I understand the

stipulation and the effect it will have on my Certificate of Authority License I enter into this

20 Stipulated Settlement and Disciplinary Order voluntarily, knowingly, and intelligently, and agree

21 to be bound by the Decision and Order of the Director of Consumer Affairs.

124

23 WOOD CEMETERY ASSOCIATION OF LOS

24 ANGELES aka OAKWOOD MEMORIAL PARK Respondent 25

26

ENDORSEMENT

The foregoing Stipulated Settlement and Disciplinary Order is hereby respectfully

submitted for consideration by the Director of Consumer Affairs. W N

A Dated: aug. 24, 2015 Respectfully submitted,

KAMALA D. HARRIS Attorney General of California THOMAS L. RINALD Supervising Deputy Attorney General

DESIREE TULLENERS Deputy Attorney General Attorneys for Complainant

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25

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STIPULATED SETTLEMENT (A1 2014 274)

Exhibit A

Accusation No. A1 2014 274

KAMALA D. HARRIS Attorney General of California

N THOMAS L. RINALDI Supervising Deputy Attorney General

3 DESIREE A. TULLENERS Deputy Attorney General

4 State Bar No. 157464 300 So. Spring Street, Suite 1702 Los Angeles, CA 90013 Telephone: (213) 897-2578 Facsimile: (213) 897-2804

Attorneys for Complainant

8 BEFORE THE DEPARTMENT OF CONSUMER AFFAIRS

9 FOR THE CEMETERY AND FUNERAL BUREAU STATE OF CALIFORNIA

10

11 In the Matter of the Accusation Against:

12 OAKWOOD CEMETERY ASSOCIATION OF LOS ANGELES

13 aka OAKWOOD MEMORIAL PARK

Case No. Al 2014 274

ACCUSATION

22601 Lassen St. 14 Chatsworth, CA 91311

15

Certificate of Authority COA 93 16

17

18 Complainant alleges:

19

Respondent.

PARTIES

20 1. Lisa M. Moore ("Complainant") brings this Accusation solely in her official capacity

21 as the Bureau Chief of the Cemetery and Funeral Bureau, Department of Consumer Affairs.

22 On or about May 1, 1950, the Cemetery and Funeral Bureau issued Certificate of

23 Authority COA 93 to Oakwood Cemetery Association of Los Angeles aka Oakwood Memorial

24 Park ("Respondent"). The Certificate of Authority was in full force and effect at all times

25 relevant to the charges brought herein, and will expire on January 1, 2016, unless renewed.

26 3. . On or about August 23, 2005, Jose G. Perez CEM 294 (Perez) associated as

27 Responsible Managing Officer of Respondent cemetery. Perez disassociated on July 31, 2014,

28 and his license expired on August 31, 2014, and has not been renewed.

(OAKWOOD CEMETARY ASSOCIATION OF LOS ANGELES) ACCUSATION Case No. A1 2014 274

JURISDICTION

N 4. This Accusation is brought before the Director of Consumer Affairs ("Director") for

the Cemetery and Funeral Bureau ("Bureau"), under the authority of the following laws. All w

section references are to the Business and Professions Code unless otherwise indicated. +

5 STATUTORY PROVISIONS

S. Section 9725 of the Code provides, in pertinent part:

"Upon grounds provided in this article and the other articles of this act, the license of any

cemetery licensee and the certificate of authority of any cemetery corporation may be revoked or

suspended in accordance with the provisions of this article."

10 6. Section 9723 of the Code provides, in pertinent part:

11 "A cemetery licensed under this chapter shall at all times employ a licensed cemetery

12 manager to manage, supervise, and direct its operations. Notwithstanding any other provision of

13 this chapter, licensed cemeteries within close geographical proximity of each other may request

14 the bureau to allow a licensed cemetery manager to manage, supervise, and direct the business or

15 profession of more than one facility.

16 (a) Every cemetery shall designate a licensed cemetery manager to manage the cemetery,

17 and shall report the designation to the bureau within 10 days of the effective date. Any

18 change in the designated manager shall be reported to the bureau within 10 days."

19 7. Section 9725.1 of the Code provides, in pertinent part:

20 "Unprofessional conduct by any licensee or registrant or by any agent or employee of a

21 licensee or registrant constitutes grounds for disciplinary action. Unprofessional conduct

22 includes, but is not limited to, the following:

23 (a) Violating or attempting to violate, directly or indirectly, or assisting in or abetting the

24 violation of this chapter and any regulation adopted thereunder, or of any federal or

25 state law or regulation governing the disposition of human remains, operation of

26 cemeteries. . ."

27 111

28 111

2

(OAKWOOD CEMETARY ASSOCIATION OF LOS ANGELES) ACCUSATION Case No. Al 2014 274

8. Section 9727 of the Code provides, in pertinent part:

N "The bureau may suspend or revoke the license of any cemetery licensee who, within the

w immediately preceding three years, has done any of the following:

. . . .

ur (c) Willfully disregarded or violated any of the provisions of this act relating to

cemetery brokerage."

Section 1 18(b) of the Code states, in pertinent part:

"The expiration of a license shall not, during any period in which it may be renewed or

reinstated, deprive the Bureau of its authority to institute a disciplinary proceeding against the

10 licensee upon any ground provided by law or to enter an order suspending or revoking the

11 license or otherwise taking disciplinary action against the licensee on any such ground."

12 COST RECOVERY

13 10. Section 125.3 of the Code provides, in pertinent part, that the Registrar may request

14 the administrative law judge to direct the licentiate found to have committed a violation or

15 violations of the licensing act to pay a sum not to exceed the reasonable costs of the investigation

16 and enforcement of the case.

17 FIRST CAUSE FOR DISCIPLINE

18 (Failure to Employ Licensed Cemetery Manager)

19 11. Respondent's license is subject to revocation under Code section 9723(a), in that,

20 Respondent failed to employ a licensed cemetery manager to manage, supervise, and direct its

21 operations within 10 days of the disassociation of Jose G. Perez CEM 294, on July 31, 2014.

22 The circumstances surrounding the violation are as follows:

23 12. On August 8, 2014, the Bureau received notice from Louise Shahbaz, General

24 Manager for Respondent cemetery that as of July 2014, Jose G. Perez, CEM 294 was no longer

25 employed as cemetery manager.

26 13. On August 21, 2014, a field representative from the Bureau conducted an inspection

27 of Respondent cemetery and confirmed that Jose G. Perez, CEM 294 was no longer employed at

28 Oakwood Cemetery Association of Los Angeles.

3

OAKWOOD CEMETARY ASSOCIATION OF LOS ANGELES) ACCUSATION Case No. A1 2014 274

14. As of July 31, 2014, Respondent cemetery has not employed a licensed cemetery

manager. N

w SECOND CAUSE FOR DISCIPLINE

A (Unprofessional Conduct - Violation of State Law/Regulation)

15. Respondent's license is subject to revocation under Code section 9725.1, subdivision un

(a), on the grounds of unprofessional conduct, in that, Respondent is in violation of state law

and/or regulations governing operation of cemeteries. Complainant refers to, and by this

reference incorporates, the allegations set forth in paragraphs 11 through 14 above, inclusive, as

though fully set forth herein.

10 THIRD CAUSE FOR DISCIPLINE

(Unprofessional Conduct - Willful Disregard Provisions of the Act)

12 16. Respondent's license is subject to revocation under Code section 9727, subdivision

13 (c), on the grounds of unprofessional conduct, in that, Respondent willfully disregarded

14 provisions of the Act governing operation of cemeteries. Complainant refers to, and by this

15 reference incorporates, the allegations set forth in paragraphs 1 1 through 15 above, inclusive, as

16 though fully set forth herein.

17 PRAYER

-18 WHEREFORE, Complainant requests that a hearing be held on the matters herein alleged,

19 and that following the hearing, the Director of Consumer Affairs issue a decision:

20 1. Revoking Certificate of Authority COA 93, issued to Oakwood Cemetery

21 Association of Los Angeles aka Oakwood Memorial Park;

22 2. Taking such other and further action as deemed necessary and proper.

23

24

25 DATED: may 15, 2015 hsa m. moore LISA M. MOORE Bureau Chief

26 Cemetery and Funeral Bureau Department of Consumer Affairs

27 State of California Complainant

28

(OAKWOOD CEMETARY ASSOCIATION OF LOS ANGELES) ACCUSATION Case No. Al 2014 274