Plaintiffs alleged that defendant had agreed to cremate plaintiff’s two dogs individually, but sent them random ashes rather than those of their dogs. Plaintiffs sought to recover for the emotional distress they suffered as a result. Held: Plaintiffs didn’t state a breach of contract claim as their vet, not they, had contracted with defendant, but on remand plaintiffs should be granted leave to amend to state they were third party beneficiaries of the contract between the vet and defendant. Plaintiffs stated a negligence claim because defendant advertised its services as providing emotional solace, and thus it was foreseeable that a failure to use reasonable care with the ashes would result in emotional distress. Plaintiffs also stated a claim for trespass to chattels by claiming that contrary to defendant’s promise, defendant scattered plaintiffs’ dog’s ashes at sea rather than returning the ashes to plaintiffs. ,Emotional distress damages are recoverable on a trespass to chattels claim.