Schaeffer

Schaeffer v. Gregory Village Partners, L.P.

Good Law
105 F. Supp. 3d 951·2015 WL 2267813·2015 U.S. Dist. LEXIS 63521
United States District Court, Northern District of CaliforniaMay 14, 2015Case No. 13-cv-04358-JSTCalifornia8,405 words

Opinion

Lead Opinion

Tigar, J.

ORDER GRANTING IN PART MOTION FOR SUMMARY JUDGMENT

Re: ECF No. 167

Before the Court is Plaintiffs Ryan, Anne, and Reese Schaeffer’s Motion for Partial Summary Judgment Against Gregory Village Partners, L.P. (“Gregory Village”). ECF No. 167. For the reasons set forth below, the Court will-grant the motion in part.

1. BACKGROUND

Plaintiffs, are Anne, Ryan, and Reese Schaeffer, the owners and residents of a home located at 95 Cynthia Drive in Plea-santon, California. 1 R. Schaeffer Deck, ¶¶ 2, 3, 5; ECF No. 169, Decl. of Anne Schaeffer (“A. Schaffer Decl.”), 11 2, 3, 5. Ryan and Anne Schaeffer are Reese Schaeffer’s parents. R. Schaeffer Deck, ¶ 4; A. Schaeffer Deck, ¶4. Ryan and Anne Schaeffer purchased the home at 95 Cynthia Drive on or about June 1, 2006, and Reese was born in the home on May 31, 2010. R. Schaeffer Deck, ¶¶ 3, 4;. A. Schaeffer Deck, ¶¶ 3, 4.

In June of 2010, at the direction of Gregory Village, soil vapor samples were collected at Plaintiffs’ property, one in the front yard and one from beneath Plaintiffs’ garage. R. Schaeffer Deck, Ex. 1 at 1. In August 2010, Gregory Village sent the results of those samples in a letter to Plaintiffs. Id. The samples revealed…

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