Perlmutter

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 MICHAEL PERLMUTTER, et al., Case No. 21-cv-02571-HSG

Plaintiffs, ORDER DENYING MOTION TO

DISMISS

v. Re: Dkt. No. 28 LEHIGH HANSON, INC., Defendant.

12 Plaintiffs Michael Perlmutter and Rhiannon, on behalf of themselves and a putative class of their residential neighbors, brought this case against Lehigh Hanson, Inc. (“Defendant”). Pending before the Court is Defendant’s motion to dismiss the Plaintiffs’ Complaint, for which briefing is complete. See Dkt. Nos. 28 (“Mot.”), 35 (“Opp.”), and 36 (“Reply”). Having carefully considered the parties’ arguments, the Court DENIES Defendant’s motion.1 I. BACKGROUND Defendant owns and operates the Berkley Asphalt industrial facility located at 699 Virginia Street in Berkeley, California (the “Facility”), where it produces hot mix asphalt and other construction materials. Dkt. No. 1 (“Compl.”) ¶¶ 2,13. Plaintiffs are all owners, occupants, or renters of residential property who reside within…