kasia
01-05-2006, 12:56 AM
Press Contacts:
Erica Juhn (APALC): 213-977-7500 ext. 242
Lisa Yang (Korean) (LRK): 213-955-9500 ext. 128
Korean Veterans File Lawsuit Against Oakdale Memorial Park Alleging Fraudulent Sales Practices
LOS ANGELES, CA, January 4, 2006 – A group of immigrant Korean veterans have sued Oakdale Memorial Park (“Oakdale Memorial”) – a cemetery located in Glendora, CA and owned by S.C.I. California Funeral Services, Inc., one of the largest providers of cemetery services in California – alleging that Oakdale Memorial fraudulently sold cemetery plots to the elderly, monolingual veterans by falsely advertising and misrepresenting that the veterans would be buried in a group memorial cemetery created to commemorate their military service during the Korean War. Despite the plaintiffs’ demands, Oakdale Memorial Park has failed to begin development of the memorial cemetery as promised, and has assigned the veterans to plots in various areas throughout the cemetery without their approval.
The complaint, filed on behalf of the veterans by the Asian Pacific American Legal Center (APALC), the law firm of Lim, Ruger & Kim, LLP, and Public Counsel, alleges that Oakdale Memorial committed fraud by misrepresenting to plaintiffs that they were buying plots in a location within the cemetery known as Chapel Lawn, a centrally-located, scenic area, which would become a Korean veterans’ cemetery. The complaint alleges that the plaintiffs were induced into purchasing cemetery plots, and then into signing purchase agreements in English, although Oakdale representatives knew full well that the plaintiffs did not speak or read English, and that these purchase agreements did not reflect the bargain between the parties. The lawsuit further alleges that Oakdale falsely advertised through Korean media outlets and engaged in various unfair and deceptive business practices in violation of the Consumer Legal Remedies Act, the Elder Abuse and Dependent Adult Civil Protection Act and the California Business & Professions Code.
“Oakdale Memorial exploited the most vulnerable members of our community – elderly and non-English speaking immigrants seeking to find a final resting place. Oakdale gained the trust of the Korean American community by hiring Korean-speaking sales representatives and used advertisements specifically targeted to the Korean community. Once the cemetery lured them in, it made false promises of a prominent, beautiful location where the veterans would be buried together in tribute to their military service,” charged Julie A. Su, Litigation Director at APALC. “Now, Oakdale refuses to bury the veterans in the area that was advertised and appears to have lied about its intention to dedicate the area to the veterans,” added Su.
The lawsuit, Young Soon Ahn, et al. v. S.C.I. California Funeral Services, Inc. dba Oakdale Memorial Park, et al., was filed on behalf of 17 plaintiffs, the majority of whom are veterans who served during the Korean War and later immigrated to the United States. In addition to these 17, plaintiffs believe that several hundred others have purchased plots under this same scheme. “When I first heard about the veterans’ cemetery at Oakdale, I was very excited to be a part of a memorial that would remind future generations of our Korean history in America,” said Kun Sup Chang, a plaintiff who purchased four plots for his family in September 2002. “However, years passed by and Oakdale did not begin developing the Chapel Lawn area for the veterans’ cemetery. When Oakdale tried to assign me to another plot location without my permission, I realized that we were victims of a fraudulent scheme.”
“Oakdale’s unlawful sales practices are especially offensive in light of the unique cultural value placed on funeral and burial arrangements within the Asian American community,” explained Lisa Yang, attorney at Lim, Ruger & Kim, LLP. The firm is co-counseling the case with APALC on a pro bono basis. “These elderly Korean veterans will not have peace of mind until Oakdale honors its promise to give them a location that is prominent and on flat ground, befitting a respectable war veterans’ memorial,” added Yang.
“We will fight for our rights. We should not have been treated this way and we will not stand for it. We are fighting back not only so we can get what we purchased, but also so that others in the Korean and immigrant communities know that they should protect themselves when businesses take advantage of us,” said Dae Bok Kim, another plaintiff in the case.
Hernán Vera, Directing Attorney of the Consumer Law Project at Public Counsel, said, “California consumer protection laws take very seriously any misrepresentations made to elderly consumers and have additional safeguards protecting individuals and family members who obtain services from funeral providers and cemeteries.”
The suit seeks a court order that restrains Defendants from engaging in further unfair business practices, rescinds the parties’ contracts, and awards money damages to the plaintiffs.
Erica Juhn (APALC): 213-977-7500 ext. 242
Lisa Yang (Korean) (LRK): 213-955-9500 ext. 128
Korean Veterans File Lawsuit Against Oakdale Memorial Park Alleging Fraudulent Sales Practices
LOS ANGELES, CA, January 4, 2006 – A group of immigrant Korean veterans have sued Oakdale Memorial Park (“Oakdale Memorial”) – a cemetery located in Glendora, CA and owned by S.C.I. California Funeral Services, Inc., one of the largest providers of cemetery services in California – alleging that Oakdale Memorial fraudulently sold cemetery plots to the elderly, monolingual veterans by falsely advertising and misrepresenting that the veterans would be buried in a group memorial cemetery created to commemorate their military service during the Korean War. Despite the plaintiffs’ demands, Oakdale Memorial Park has failed to begin development of the memorial cemetery as promised, and has assigned the veterans to plots in various areas throughout the cemetery without their approval.
The complaint, filed on behalf of the veterans by the Asian Pacific American Legal Center (APALC), the law firm of Lim, Ruger & Kim, LLP, and Public Counsel, alleges that Oakdale Memorial committed fraud by misrepresenting to plaintiffs that they were buying plots in a location within the cemetery known as Chapel Lawn, a centrally-located, scenic area, which would become a Korean veterans’ cemetery. The complaint alleges that the plaintiffs were induced into purchasing cemetery plots, and then into signing purchase agreements in English, although Oakdale representatives knew full well that the plaintiffs did not speak or read English, and that these purchase agreements did not reflect the bargain between the parties. The lawsuit further alleges that Oakdale falsely advertised through Korean media outlets and engaged in various unfair and deceptive business practices in violation of the Consumer Legal Remedies Act, the Elder Abuse and Dependent Adult Civil Protection Act and the California Business & Professions Code.
“Oakdale Memorial exploited the most vulnerable members of our community – elderly and non-English speaking immigrants seeking to find a final resting place. Oakdale gained the trust of the Korean American community by hiring Korean-speaking sales representatives and used advertisements specifically targeted to the Korean community. Once the cemetery lured them in, it made false promises of a prominent, beautiful location where the veterans would be buried together in tribute to their military service,” charged Julie A. Su, Litigation Director at APALC. “Now, Oakdale refuses to bury the veterans in the area that was advertised and appears to have lied about its intention to dedicate the area to the veterans,” added Su.
The lawsuit, Young Soon Ahn, et al. v. S.C.I. California Funeral Services, Inc. dba Oakdale Memorial Park, et al., was filed on behalf of 17 plaintiffs, the majority of whom are veterans who served during the Korean War and later immigrated to the United States. In addition to these 17, plaintiffs believe that several hundred others have purchased plots under this same scheme. “When I first heard about the veterans’ cemetery at Oakdale, I was very excited to be a part of a memorial that would remind future generations of our Korean history in America,” said Kun Sup Chang, a plaintiff who purchased four plots for his family in September 2002. “However, years passed by and Oakdale did not begin developing the Chapel Lawn area for the veterans’ cemetery. When Oakdale tried to assign me to another plot location without my permission, I realized that we were victims of a fraudulent scheme.”
“Oakdale’s unlawful sales practices are especially offensive in light of the unique cultural value placed on funeral and burial arrangements within the Asian American community,” explained Lisa Yang, attorney at Lim, Ruger & Kim, LLP. The firm is co-counseling the case with APALC on a pro bono basis. “These elderly Korean veterans will not have peace of mind until Oakdale honors its promise to give them a location that is prominent and on flat ground, befitting a respectable war veterans’ memorial,” added Yang.
“We will fight for our rights. We should not have been treated this way and we will not stand for it. We are fighting back not only so we can get what we purchased, but also so that others in the Korean and immigrant communities know that they should protect themselves when businesses take advantage of us,” said Dae Bok Kim, another plaintiff in the case.
Hernán Vera, Directing Attorney of the Consumer Law Project at Public Counsel, said, “California consumer protection laws take very seriously any misrepresentations made to elderly consumers and have additional safeguards protecting individuals and family members who obtain services from funeral providers and cemeteries.”
The suit seeks a court order that restrains Defendants from engaging in further unfair business practices, rescinds the parties’ contracts, and awards money damages to the plaintiffs.