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Poway Bernardo Mortuary on probation under settlement with state agency

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POWAY -- The mortuary made famous by the reality TV show "Family Plots" will be on probation for three years and its former manager will surrender his funeral director and embalmer licenses, under separate settlements intended to resolve state charges that the business employed an unlicensed embalmer.

The state Department of Consumer Affairs announced Thursday that its settlements with Poway Bernardo Mortuary, owner Carl Comer and former manager Richard "Rick" Sadler will take effect Nov. 26.

The settlements ensure residents in Poway and surrounding communities will continue to have a local mortuary for their funeral needs.

A fixture for 40 years, Poway Bernardo Mortuary is at 13243 Poway Road. The business and its staff at the time -- including Sadler, three Wissmiller sisters and their father -- were the focus of "Family Plots," which aired on A&E in 2004 and 2005.

Poway Bernardo Mortuary, Comer and Sadler all faced the possibility of losing their licenses after the Department of Consumer Affairs filed an accusation against the mortuary in April.

The complaint alleged the business and the men broke several state laws and committed fraud by hiring an unlicensed man to embalm at least 40 bodies that passed through the mortuary. The charge was filed after a nearly yearlong investigation that included a state investigator's surprise visit to the business and reported face-to-face encounter with the allegedly unlicensed embalmer while he was wearing a bloody plastic apron.

Sadler, who has a history of legal problems, left the mortuary earlier this year and was replaced by David Morave as manager.

The settlement between Sadler and the state calls for him to hand over his licenses by Nov. 26. Calls to his Poway home Thursday afternoon rang unanswered and his attorney, Stephen Frantz, did not immediately respond to a message left at his office late in the day.

Comer has always maintained he was an absentee owner who was unaware of any violations at the mortuary because he allowed Sadler to handle its day-to-day operations. His settlement with the state calls for it to revoke his funeral director license and a funeral establishment license held by the mortuary's parent company, Mortuary Services International.

The revocations were stayed, however, and the business was placed on three years probation, under the settlement.

"We think it's fair given that Mr. Comer, who is the owner of the funeral home, was not directly involved in permitting these illegal embalmings," said Kevin Flanagan, spokesman for the Department of Consumer Affairs. "But as the owner, he has legal responsibility."

Comer could not be reached at the mortuary Thursday afternoon. His attorney, Todd Bloomfield, said the settlement involving his client supports his position that Sadler was primarily responsible for any violations that occurred at the business.

"He had been there for six years, he had developed a relationship with the mortuary and was doing a fine job, and the mortuary trusted him and had no idea he was doing anything wrong," Bloomfield said. "So our agreement was, we're going to follow the law for three years. And we're not going to follow it (just) for three years, we're going to do it forever, as we always have. We pride ourselves on providing great services to the families in the community. We always have, and we always will."

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