Bus. & Prof. Code 7735 requires a funeral establishment to hold in trust money paid it under a preneed agreement or an agreement collateral thereto.  Section 7741 exempts from that requirement money paid for merchandise that is delivered as soon as paid for.  This decision holds that constructive delivery–that is granting the purchaser legal title, but retaining possession of the actual merchandise in the funeral establishment’s warehouse, even if earmarked for the purchase–is not delivery sufficient to exempt the transaction from the requirement that the money paid for the merchandise be held in trust.