Zopatti

ORDER DENYING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT

Pending before the Court is a motion for summary judgment by Defendants Rancho Dorado Homeowners Association and Prescott Companies (herein, “Defendants”). (Doc. 56.) For the following reasons, Defendants’ motion for summary judgment is denied.

I.

BACKGROUND

Plaintiff and her husband purchased a home in the Rancho Dorado community in San Marcos, California in May 2001, where they have resided with their minor children since. (First Amended Complaint (“FAC”) ¶ 14.) Plaintiff alleges she suffers from various medical conditions, including Multiple Chemical Sensitivities, Mixed Connective Tissue Disease, Vasculitis, Polymyositis, Scleroderma, Lupus, Rheumatoid Arthritis, Thyroid Disease, and Asthma. (Id. at ¶ 15.) Plaintiff further alleges her medical conditions cause her immune system to react to exposure to various environmental chemicals or pesticides, insecticides, fungicides, fertilizers, and herbicides, making such materials dangerous to her health and potentially life threatening. (Id. at ¶¶ 15, 17.) Plaintiff has informed Defendants Rancho Dorado Homeowners Association and The Prescott Companies of her special…