Klein

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

ALAN RICHARD KLEIN, an  No. 06-55510 individual; SHERYLL KLEIN, an D.C. No. individual, CV-05-05526-PA Plaintiffs-Appellants, v.  ORDER

CERTIFYING

UNITED STATES OF AMERICA; DAVID QUESTION TO

ANDERBERG, an individual, SUPREME COURT Defendants-Appellees.  OF CALIFORNIA

Appeal from the United States District Court for the Central District of California Percy Anderson, District Judge, Presiding

Argued and Submitted May 7, 2008—Pasadena, California

Filed July 30, 2008

Before: John T. Noonan, William A. Fletcher, and Ronald M. Gould, Circuit Judges.

ORDER

GOULD, Circuit Judge:

We respectfully ask the Supreme Court of California to exercise its discretion to decide the certified question pre- sented below, pursuant to California Rule of Court 8.548. The answer to this question of California law could be dispositive of the appeal before us, and no clear controlling California precedent exists. See id. Moreover, because the question we

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