From a complaint filed September 7, 2012, by Stephanie Kirschner and Brad J. Kane against the owners and operators of Eden Memorial Park, a cemetery in Mission Hills, California.

In or about April 1979, Jeanine Kane, plaintiffs’ mother, was inurned at Eden Memorial Park in a niche in the cemetery. The niche was adjacent to the niche of the famous comedian and film and television star Julius Henry “Groucho” Marx.

In September 2011, plaintiffs’ father passed away. On or about September 9, plaintiffs met with Mr. Nathan Samuels, an employee working at Eden Memorial Park, to make arrangements for their father. Mr. Samuels showed plaintiffs a proposed niche for their father. They were also shown where the proposed niche for their father was relative to the location of plaintiffs’ mother’s niche. The niche Mr. Samuels pointed to was not adjacent to that of “Groucho” Marx.