Mitty v. Oliveira

WOOD (Fred B.), J.

John J. Mitty, Roman Catholic Archbishop of San Francisco, and The Roman Catholic Archbishop of San Francisco, a corporation sole, have appealed from an order of the superior court permitting the petitioner, Amelia Oliveira, to remove the remains of Arthur Martin Terra, Joseph Oliveira, and Frank Martin Terra from St. Mary’s Cemetery, a Roman Catholic cemetery in Oakland, California.

This order was made in a proceeding under sections 7500-7528 of the Health and Safety Code for the disinterment of the bodies, “based upon a breach of contract for the perpetual care” of the…