Schaeffer
Schaeffer v. Gregory Village Partners, L.P.
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…